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R-2013-055-2013-04-08RESOLUTION NO. R2013-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT FOR THE PREPARATION OF A COMPENSATION AND CLASSIFICATION STUDY. 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 the Public Sector Personnel Consultants, 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 the Public Sector Personnel Consultants. PASSED, APPROVED and ADOPTED this the 8th day of April, A.D., 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2013-55 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on %/// 9, P/3 , 2013 by and between the City of Pearland ("CITY") and Public Sect r Personnel Consultants, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform consultant services for a project known and described as a Compensation and Classification Study ("PROJECT"). SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform the tasks delineated on Exhibit A, attached hereto ("SCOPE OF WORK"). B. The CONSULTANT acknowledges that the CITY considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a PEDC employee to engage in such misconduct. C. 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. 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, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery or by certified mail, return receipt requested, and received by the CITY no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. D. CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors performance of the SCOPE OF WORK, any of which are caused by the negligent act or omission of the parties, their officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end prior to August 2013. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is monthly payments based on costs incurred. Total compensation for the services performed shall not exceed $42,500. B. The total contract for the study shall not exceed $42,500, inclusive of all reimbursable expenses, without further City approval, request for optional or additional services, and modification of this agreement, CONSULTANT will -2- provide CITY with monthly invoices for services provided and out-of-pocket expenses incurred during the month. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the PEDC's review of the work. The CONSULTANT agrees that the CITY's inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason, with or without cause, by delivering written notice to CONSULTANT personally or by certified mail at . Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all reports and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the PEDC on or before the l 5th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a,detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sun -i payable shall be -3- proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney' s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: 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 pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI — 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. SECTION VII — COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of , 2013. -4- CONSULTA Public Sector Personnel Consultants, Inc. Matthew Weatherly, President -5- Commercial. Certificate of Insurance Agency Name & Address St 88 Insured Name Address . FARMERS INSURANCE GROUP • STEVE HANSON, CPCU • 3200 N HAYDEN RD STE 200 • SCOTTSDALE AZ 85251 Dist. 18 _ -� Agent 378 . PUBLIC SECTOR PERSONNEL • CONSULTANTS, INC 11215 W RIO SALADO PKWY STB 109 • TEMPE AZ 85201 Issue Date (MM/DD/YY) 104/09/2013 Thi certificate is issued as a natter of information only and confers no tights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies shown below. Companies Providing Coverage: Company A Truck Insurance Exchange Letter Coropeny B Farmers insurance Exchange C Company C Mid -Century Insurance Company Company D Lew Coverages This Is to cart* that the polities of insurance listed below have been issued to ured named above for the policy issued oar indicated. Notwithstanding e insurance aenrryy requ�irement, team or condidon of any contract or other document with to which this certificate may may pertain, afforded by the policies described herein is subject to all the terms. exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Co. Ltr. Type of Insurance Policy Number Policy Effective Date (ba,i#DD/TY) Poliqpration Date (t �IDD/YY) Policy Limits A X General Liability Commercial General Uabnhy - Occurrence Version Contractual - Incidental Only Owners & Contractors Prot. 60197 77 62 06/01/2012 06/01/2013 General Aggregate Products-Comp/OPS Aggregate Personal & Advertising Injury Each Occurrence Fire (Any o�g) Medical Expense (Any one person) $ 4,000,000 S $ 2,000,000 $ 2,000,000 $ 50,000 $ 5,000 A Automobile Liability All Owned Commerdd Autos Scheduled Autos Hired Antos Non -Owned Autos Garage Liability 60197 77 62 06/01/2012 06/01/2013 Combined Single Limit Bodily Ittury (Per F•ff Bodily bjmy Property Damage Garage Aggregate $ 2,000,000 Umbrella Liability Limit S Workers' Compensation and Employers' Liability Statutory Each Accident Disease - Each Employee Disease • Policy Limit S S S Description of Operations/Vehicles/Restrictions/Special Items: ADDITIONAL INSURED: CITY OF PBARLAND Certificate Holder . CITY OF PEARLAND Name . BONITA J HALL & • 3519 LIBERTY DR Address • PEARLAND TX 77581 Cancellation Should any of the above described policies be cancelled before the expiration date thereof, the betting company will endeavor to mail 30 days written notice to the certificate holder named to the left but failure to email such notice shaft impose no obligation or of any on the company, its agents or representatives. Anthorlsed Representative 50-2495 4-94 Copy Distribution: Service Center Copy and Agent's Copy tI-0t • CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, themust . policy(les)statement endo oe th. If is SSIJBROG TION N 18t WAIVED tig subject etoc tto the terms and conditions of the policy, certain policies may req lt certificate holder In lieu of such endorsement(e). DATE pimmreirn 04/09/2013 PRODUCER SCF Arizona and its subsidiaries 3030 N. 3rd Street Phoenix AZ 85012-3068 INSURED Ce! SC SCF Arizona tP/VC NI,a Exty 802,631.2600 Or 886.284.2694 I aim: No): 802.631.2699 ADDRESS: askscf©scfaz.com or webcerts®edaz.com INSURER(S) AFFORDING COVERAGE INSURER A ; SCF General Insurance Company NAIL 13043 Public Sector Personnel Consultants Inc 1215 W Rlo Salado Parkway #109 AZ 85281 Tempe COVERAGES CERTIFICATE NUMBER: 154 THIS I8 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CreWwligLAIMS NSUREiB: INSURER 0 : INSURER D; INSURER E : INSURER F: REVISION NUMBER: LAR TYPE OF INSURANCE ADDL uEM INSR WVD POUCY NUMBER GENERAL UABLIIY COMMERCIAL GENERAL LIABIUTY CLAIMS -MADE n OCCUR DEM%AGGREGATE ppL�IIMpIIT.. APPLIES PER: POUCY fl JF(.T El LOC AUTOMOBILE LIABUlTY ANY AUTO ^(1 ONMED IIRREODDAUTOS POUCY EPP LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea oaeurrenoel MED EXP (My one person) S S S PERSONAL S. ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGO f SCHEDULED __ QED _ AUTOS E eooldent INOLE UMIT i i BODILY INJURY (Per person) $ BODILY INJURY (Per ambient) i pTt9PERTYAMAGE i $ UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE A DEO 1 1 RETENTION $ EACH OCCURRENCE t AGGREGATE S WORKER$ COrD'm(SA1WN AND EMPLOYERS' LIABILITY YIN ANY ERAEl OFFICRAMBEER EXCLUDED? ((MYaenadatOIy h NN) DESCwP scrIbe alder ION OF OPERATIONS bebw NIA G41664 02/0112013 02/01/2014 x I TORY LI+IJITa l 1 ER E.L EACH ACCICENT t $ 1,000,000 E.L. DISEASE - EA EMPLOYEE E.L DISEASE -POUCY UMIT $ 1,000,000 ,{ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attasb ACORD 101, Additions, Remarks Scbed:da V more spice Is rsqulred) CLERICAL OFFICE EMPLOYEES—N.O.C., SALESPERSONS OR COLLECTORS — OUTSIDE This waiver of subrogation is effective only with respect to the Certificate Holder for the project described herein, and shall not benefit any other person or organization. CERTIFICATE HOLDER City of Peartand Bonita J. Hell 3519 Liberty Drive Pearland CANCELLATION TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All tights reserved. The ACORD name and logo are registered marks of ACORD y�.:.:.::�.:;.r..`.i�1t;�y{�.•."�_5^�}rp�y��;..�1r�`�.��y�.�y.��y.. �+.�y�. ■� �gyp. y�- ��f .r�{� ys�}�t� *�Fi j� ,y�� V.}&' s$.[-iyl A_-.1.lf1G0R.1 7: R }+bran. o�VIi3 Jy4 GI�fONFER�iP�Jsp�4011rOfyiltz.UPO� 7 it.:00tayn�FIIM++�tt:..14CLbEp•?',"Jl10.0 *cYri� r '1V!1 ft ±1 fPa ;f i.402 0 �f!f I-ALiM iF7G 0.0.1 f0.01t ICI'POR ttett D I ItiL.' POUVI ' '... PROW_. _DO w{ -tO TITUt Jk conic B� ' SHE 1$$UIRG 1 E+[$)f .i.go.1bf D *Aug, tht 0• .0.0li�i �do�s n ttnfaC rl ti ti3. tie ty lc iyCOS