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R-2015-145 2015-08-24RESOLUTION NO. R2015-145 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for temporary personnel services to Lane Staffing as the primary vendor and TEI Staffing as the secondary vendor, in the estimated amount of $70,000 for the period of September 14, 2015 through September 13, 2016. It is additionally requested that City Council ratify payments to date and staffing requirements through September 11, 2015 to Meador Staffing for FY2015 in the approximate amount of $76,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for temporary personnel services have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Lane Staffing and TEI Staffing, in the amount of $70,000.00, and ratifies payments to date and staffing requirements through September 11, 2015 to Meador Staffing for FY 2015 in the approximate amount of $76,000. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of temporary personnel services. PASSED, APPROVED and ADOPTED this the 24th day of August, A.D., 2015. ATTEST: NG LO Y SEC TARY APPROVED AS TO FORM: QL DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR • Bid No. 0415-43 Addendum 2 Title RFP - Temporary Staffing Services Line Items BID TABULATION Staff Today Lane Corestaff Inc. Staffing Services RESOLUTION NO. R2015-145 Ask IT Protouch Aita Consulting Consulting TEI Staffing Staffing Services Inc. Line Description UOM Unit Unit Unit Unit Unit Unit Unit 1 Accounting Clerk Hourly Rate $15.35 $15.90 $19.04 $18.85 $21.75 $19.95 $28.18 2 Accountant I Hourly Rate $19.58 $25.18 $27.20 $29.00 $29.70 $22.25 $33.44 3 GIS(Geographic Information Systems) Technician Hourly Rate $0.00 $22.53 $0.00 $26.10 $26.45 $35.35 $49.08 4 Programmer Hourly Rate $0.00 $21.20 $42.50 $34.80 $35.65 $39.95 $38.20 5 Project Staff Coordinator Hourly Rate $20.93 $21.20 $24.48 $21.75 $38.70 $41.25 $47.28 6 Administrative Legal Assistant Hourly Rate $18.23 $22.53 $38.08 $24.65 $26.60 $29.75 $33.97 7 Clerical Hourly Rate $14.18 $14.58 $16.32 $17.40 $22.00 $32.50 $22.82 8 Human Resources Assistant Hourly Rate $16.88 $19.88 $23.12 $20.30 $23.00 $30.50 $28.08 9 Office Support Clerk Hourly Rate $11.19 $15.90 $18.36 $15.95 $23.70 $30.50 $24.61 10 Receptionist Hourly Rate $11.19 $15.90 $17.68 $15.95 $19.95 $31.25 $22.82 11 Laborer - General I Hourly Rate $0.00 $14.58 $12.24 $17.05 $18.45 $0.00 $18.66 12 Laborer - General II Hourly Rate $0.00 $13.20 $13.60 $20.15 $20.00 $0.00 $25.48 0415-43 RFP Temporary Staffing Services EVALUATION FACTORS - SCORING AVERAGES Evaluators: Terene Sudds-Johnson, Juaquina Dent, Donna Foster Protouch Staffing Factors Staff Today Lane Staffing Corestaff Services TEI Staffing Ask IT Aita Consulting Consulting Rates (max 30 pts.) 0 30 30 23 0 0 0 Qualifications/Experience/Depth of Contractors Candidates (max 30 pts.) 0 30 0 30 0 0 0 References (max 30 pts.) 0 28 30 22 0 0 0 Proposal - thoroughness in addressing 2011 no laborer or other govt qualifications or on references; 30+ medical clerical salary of rates for Proposal Requirements and Response IT. agencies. experience. years experience. staffing too high. others. Format requirements as stated in specs (max 20 pts.) 0 15 3 15 0 0 0 TOTALS 0 103 63 90 0 0 0 Per answer #7 on Contractors Questionnaire doesn't have adequate equipment, personnel and expertise to complete the contract with no Since 2007; missing local bidder form; incorrect Reference info Didn't give enough info on proposal requirements. Primarily IT explanation. Since listed. Works with Provided no Incomplete info Focus on No laborer; and to high 2011 no laborer or other govt qualifications or on references; 30+ medical clerical salary of rates for Notes: IT. agencies. experience. years experience. staffing too high. others. City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No. R2015-145 Exhibit "A" General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II. Signatures IH. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments L Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: II. Signatures. CITY OF TEI Staffing P.O. Box 1996 Alvin, TX 77512 Supply temporary staffing services as needed in accordance with specifications of City of Pearland RFP #0415-43; City Council Resolution #R2015-145. Fixed unit cost per rate schedule attached, with an estimated total expenditure not to exceed: $17,500. Fiscal Year 2015 estimated spend: $674 Fiscal Year 2016 estimated spend: $16,826 (Note: Fiscal years run October 1 through September 30). September 14, 2015 September 13, 2016 Two (2) one-year renewal options available, upon mutual agreement of both parties. By signing below, the parties agree to the terms of this Contract: LAND* v Sig •r: by. Da /City Ma Assistant Director Program ger City Manager Manager 11.1/ Io• 13 *Contract Signature Authority: ate •Ls - Date: /0-Q-i�� Program Manager -$5,999 or Tess Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ III. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, Toss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor 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. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one -haft of the mediator's fees. J. Attomey's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attomey's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid #0415-43 shall be construed as additional contract documents. B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services, Exhibit A. Exhibit A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing temporary staffing services as needed for the City of Pearland based on Bid #0415-43 and Contractor's response to the same, as listed below: Line Description UOM QTY Unit 1 Accounting Clerk Hourly Rate 1 $18.85 2 Accountant I Hourly Rate 1 $29.00 3 GIS(Geographic Information Systems) Technician Hourly Rate 1 $26.10 4 Programmer Hourly Rate 1 $34.80 5 Project Staff Coordinator Hourly Rate 1 $21.75 6 Administrative Legal Assistant Hourly Rate 1 $24.65 7 Clerical Hourly Rate 1 $17.40 8 Human Resources Assistant Hourly Rate 1 $20.30 9 Office Support Clerk Hourly Rate 1 $15.95 10 Receptionist Hourly Rate 1 $15.95 11 Laborer - General I Hourly Rate 1 817.05 12 Laborer - General II Hourly Rate 1 $20.15 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No. R2015-145 Exhibit " A" General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City). and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments 1. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: LaneStaffing 2211 Norfolk Suite 150 Houston, TX 77098 11. Signatures. By signing below, CITY OF PEA: • ND* Supply temporary staffing services as needed in accordance with specifications of City of Pearland RFP #0415-43; City Council Resolution #R2015-145. Fixed unit cost per rate schedule attached. with an estimated total expenditure not to exceed: S52,500. Fiscal Year 2015 estimated spend: $2,019 Fiscal Year 2016 estimated spend: $50,481 (Note: Fiscal years run October 1 through September 30). September 14, 2015 September 13, 2016 Two (2) one-year renewal options available, upon mutual agreement of both parties. the parties agree to the term . . Contract: (U s Date Titl d (:hie[ ExcculivT (01liccr Purc Sired by: a : te: 0 - X City M : nager Assistant City Manager Director Program Manager *Contract Signature Authority: Program Manager 45,999 or Tess Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ III. Standard Contractual Provisions. A Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract. but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code C Termination Provisions (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, includ,ng any damages or costs suffered by either party (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, Toss. or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss. or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. III. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, Toss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor 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. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one -haft of the mediator's fees. J. Attomey's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attomey's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid #0415-43 shall be construed as additional contract documents. B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services, Exhibit A. Exhibit A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing temporary staffing services as needed for the City of Pearland based on Bid #0415-43 and Contractor's response to the same, as listed below: Line Description UOM QTY Unit 1 Accounting Clerk Hourly Rate 1 $18.85 2 Accountant I Hourly Rate 1 $29.00 3 GIS(Geographic Information Systems) Technician Hourly Rate 1 $26.10 4 Programmer Hourly Rate 1 $34.80 5 Project Staff Coordinator Hourly Rate 1 $21.75 6 Administrative Legal Assistant Hourly Rate 1 $24.65 7 Clerical Hourly Rate 1 $17.40 8 Human Resources Assistant Hourly Rate 1 $20.30 9 Office Support Clerk Hourly Rate 1 $15.95 10 Receptionist Hourly Rate 1 $15.95 11 Laborer - General I Hourly Rate 1 817.05 12 Laborer - General II Hourly Rate 1 $20.15