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HomeMy WebLinkAboutPR 14899: RENEWAL OF RWL GROUP RISK MANAGEMENT SERVICE CONTRACTCITY OF PORT ARTHUR SAFETY ~ RISK MANAGEMENT MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager FROM: Lisa Cotten, Safety ~ Risk Management Coordinator DATE: August 28, 2008 SUBJECT: Resolution Approving the Renewal of RWL Group Contract COMMENT RECOMMENDATION: ~c Risk Management Service I recommend approval of Proposed Resolution No. 14899 authorizing the renewal of the City's contract with RWL & Associates for Risk Management Consulting Services at the not to exceed cost of $18,000 for the 2008-2009 Fiscal Year. This represents essentially a rollover of the existing contract with RWL Group, except that the hourly rate will increase from $175 per hour to $200 per hour. This represents the first hourly rate increase in approximately twenty years (Exhibits "A", "B" and "C"). ft should be noted that the City only expended $5,188.75 on services from RWL during the 2007- 2008 Fiscal Year (through August 28, 2008). BACKGROUND: Mr. Lazarus' first risk management services contract with the City dates back to 1983. Since that time Mr. Lazarus and his staff have consistently provided all departments of the City with quality risk management services. Some of the services provided by Mr. Lazarus and his staff incl~.ade assisting with claims/lawsuits wherein coverage is in dispute, preparing bid specifications for the City's liability, property and casualty insurance lines, reviewing bids received and subsequently recommending the carrier to provide insurance coverage, assisting with difficult worker's compensation claims, responding to insurance questions from all City departments, etc. RWL Group has requested a raise in the hourly rate from $175 per hour to $200 per I~tour. This is the first increase in the hourly rate in almost twenty years. Gity staff has reviewed and concurs with this reasonable request. BUDGETARY/FISCAL EFFECT: The proposed funding is as follows: General Liability Insurance Fund .............612-1702-581.52-00...........$18,000 There was $18,000 appropriated in the 2008-2009 Fiscal Budget for Risk Management Services. "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" Stephen B. Fitzgibbons, City Manager August 28, 2008 Page 2 of 2 STAFFING/EMPLOYEE EFFECT: No effect on staffing levels. SUMMARY: I recommend approval of Proposed Resolution No. 14899 authorizing the renewal of the City's contract with RWL & Associates for Risk Management Consulting Services at the not to~ exceed cost of $18,000 for the 2008-2009 Fiscal Year. This represents essentially a rollover of the existing contract with RWL Group, except that the hourly rate will increase from $175 per hour to $200 per hour. This represents the first hourly rate increase in approximately twenty years (Exhibits "A", "B" and "C"). It should be noted that the City only expended $5,188.75 on services from RWL during the 2007- 2008 Fiscal Year (through August 28, 2008). "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P. R. No. 14899 8/2E3/08 LJC RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RWL GROUP FOR RISK MANAGEMENT CONSULTING SERVICES AT THE NOT TO EXCEED COST OF $18,000 FOR THE 2008-2009 FISCAL YEAR FUNDING BY: General Liability Insurance Fund 612-1702-581.52-00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager of the City of Port Arthur, Texas is hereby authorized to enter into a contract for risk management consulting services with RWL Group for the 2008-2009 fiscal year, in accordance with the attached contract describing services made part hereof as Exhibit "A"; and, THAT said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved; and, THAT the City Manager is hereby authorized to expend funds from the General Liability Insurance Fund for said contract not to exceed the amount of Eighteen Thousand and no/100 Dollars ($18,000); and, THAT said agreement is contingent on the availability of funds in the 2008-2009 fiscal year budget, to be approved by the City Council; and, P. R. No. 14899 8/28/08 LJC Page 2 of 2 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the 1`ollowing vote: AYES: Mayor , Councilmembers NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Terri Hanks, Acting City Secretary APPROVED AS TO FORM: Mark T. Sokolow ity Attorney ~ D N ~~~~ ~~) APPROVED FOR AVAILABILITY OF FUNDS: Rebecca Underhill, Director of Finance APPROVED FOR ADMINISTRATION: Stephen B. Fitzgibbons, City Manager THE STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT FOR PROFESSIONAL RISK MANAGEMENT SERVICES Exhibit "A" THIS AGREEMENT, entered into as of this 1~ day of October , AD, 2008, by and between the City of Port Arthur, Port Arthur, Texas, (hereinafter called the "CITY" or "OWNER") acting herein by its Mayor, duly authorized by Resolution of the City Council, the City of Port Arthur and RWL GROUP (hereinafter called the "CONSULTANT") acting herein by Robert W. Lazarus its President (Name and Office or Position) hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONSULTANT to (1) render certain technical and professional services hereafter described in "Scope of Services" or (2) perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of CONSULTANT The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. Scope of Services Consulting services shall be provided as follows: i A. BASIC SERVICES I. Monitoring: CONSULTANT will review all of the renewal property and casualty insurance coverage for compliance with CITY's specifications and will provide a written description of any discrepancies. II. Risk Management Administration: CONSULTANT will provide technical assistance to the CITY for the purpose of developing, implementing and monitoring an appropriate risk management administrative plan. Services to include: a. Communication of underwriting claims, loss control, financial, statistical, insurance, exposure, and other information to appropriate intemal and external persons and organizations. b. Assist CITY in preparing administrative controls and monitoring of claims, loss control, insurance purchasing, subrogation, contractual risk transfer, purchases of self- insurance and related services from external providers, (i.e. claims, loss control, statistical, etc.j c. Assist CITY in formulating record keeping practices that impact upon such things as claims, losses, premiums, expenses, coverage, certificates of insurance, and loss control activities, etc. d. Assist CITY in developing forms and formats to be considered for information storage and management. e. Assist CITY in developing and advising on irnportant administrative functions pertaining to intemal cost allocation, budgeting, self-insurance decisions, self- 2 insurance funding and accounting, agent selection, insurance purchasing, utilization of external services provided by carriers and agents, as well as other related services purchased from external sources, plus effectiveness of using internal resources in conjunction with risk management programs needs, etc. f. Assist in developing organizational policies and procedures, plus staff and resource considerations relative to establishing a more effective and formal climate for managing the risk management function. This element will include specific recommendations with respect to the requisite management disciplines to be utilized by the CITY in conjunction with the administration of its risk programs. g. The CONSULTANT also agrees, at request of CITY, to making office visits and prepare reports pertaining to these visits to accomplish tasks identified in (a) through (f). III. Preparation of Insurance Specifications and Evaluations of Bid Proposals. CONSULTANT agrees to rebid any insurance coverage deemed necessary by CITY Management; provided, however, that the parties intend that specifications be written only once for any line of insurance; in the event that it is necessary to rebid a particular line, the parties shall agree in writing to an additional fee, which shall not exceed $200 per hour, to the extent that the CONSULTANTs time exceeds the maximum allowance provided in the contract for preparation of bid specifications. In connection with the evaluation of bid proposals, CONSULTANT 3 agrees to provide a recommendation for City Council consideration. IV. Compensation: Consultant's compensation for Basic Services shall be as set forth in Paragraph 5. B. ADDITIONAL SERVICES I. Description of Work: All work pertom~ed by CONSULTANT at request of OWNER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional Services. These shall include: a. Any work undertaken as an expert witness or in cormection with litigation or other controversies, such as preparation of data and reports, waiting to testify, testifying in court or by deposition, and consulting with OWNER or attorneys. b. Preparation of any special reports not included in Basic Services, applications for permits or grants, and appearances before regulatory agencies. c. Any revision of previously approved reports, .data or specifications. d. All travel and subsistence to points other than CONSULTANTs or OWNER's offices at OWNER's request. e. Making copies of final reports and other documents provided under Basic Services in excess of five sets. f. Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with the generally accepted consulting practice. 4 II. Compensation: Consultant's compensation for Additional Services shall be as set forth in Paragraph 5. 3. Time of Pertormance CONSULTANT will proceed immediately upon execution of this Contract with performance of the services called for under the Basic Services. CONSULTANT services shall be for a period of one (1) year, whereupon this Contract shall terminate one (1) year from execution thereof. 4. Information and Services to be Furnished CONSULTANT It is agreed that the CITY will furnish, without charge, for the uses of the CONSULTANT, information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services." The GIN and its agencies will cooperate with the CONSULTANT in every way possible to facilitate the pertormance of the work described in this Contract. 5. Compensation and Method of Payment CITY will pay CONSULTANT for work performed and services rendered as follows: A. BASIC SERVICES I. Monitoring: CONSULTANT shall be paid the sum of $2,000 for performance of said services as outlined in Paragraph 2A-I. II. For any visit to CITY in connection with items listed in Paragraphs 2A-I, 2A-II, or 2A-III, CONSULTANT will be paid flat rate of $1,850 per visit, at request of OWNER, in lieu of $200 per 5 hour rate. Said flat rate includes travel and related expenses, and each visit contemplates 10 hours of consulting time. III. Reports and retainer work performed under Paragraph 2A-II will be paid at the rate of $200 per hour. IV. CONSULTANT shall bill CITY at the rate of $200 per hour for services rendered under Paragraph 2A-111; however, service fees in connection with spec cations and bidding shall not exceed $5,500.00, except in connection with authorized travel per Provision 5A-II. B. ADDITIONAL SERVICES I. CONSULTANT shall bill CITY at the rate of $200 per hour for services rendered under Paragraph B -Additional Services. IT IS AGREED THAT TOTAL FEES FOR SERVICES IJNDER THIS CONTRACT, SHALL NOT EXCEED THE SUM OF EIGHTEEN THOUSAND AND 00/100 ($18,000.00) DOLLARS, nor shall the CONSULTANT be obligated to render services after his combined travel time, offce time, and expenses arr~ount to $18,000.00. Notwithstanding any other provisions in the within Contract, the CITY does not guarantee the CONSULTANT 18000.00 unless he, in fact, accrues same in accordance with the terms of the within Contract. This amount contemplates the following: (a) under (2A-1) $2,000 for monitoring services, (b) under (2A-II) and (B) a maximum of 60 hours consulting time, and (c) under (2A-III) a maximum of $5,500 for all work in cormection with bid specifications preparation and evaluation, exGusive of travel time and expenses. (However, this is not to be construed as guaranteeing CONSULTANT 60 hours consulting time.) Fee 6 arrangements and consulting time may be changed if mutually agreed to in writing. C. PAYMENTS CONSULTANT will invoice OWNER every other month. OWNER agrees to promptly pay CONSULTANT at his office in Richardson, Texas, the full amount of each such invoice upon receipt. A charge of 1 % per month will be added to the unpaid balance of invoices within 30 days after date of invoice. 6. Records CONSULTANT shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the offices of the CONSULTANT for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. Ownership of Documents All documents, reports, and specifications are property of OWNER. CONSULTANT may retain reproducible copies of same. The CONSULTANT shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits [no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance.] A. S#andard Worker's Compensation Insurance (with Waiver of Subrogation in favor of the City of Port Arthur, its officers, agents, and employees.) B. Commercial General Liability occurrence type insurance ("XCU" and products/completed operations coverage must be included, and the City of Port Arthur, its officers, agents and employees must be named as an additional Insured): I. Bodily injury $500,000 single limit per occurrence or $500,000 each persoN$500,000 per occurrence. II. Property Damage $100,000 per occurrence. III. Minimum aggregate policy year limit $1,000,000. C. Commercial Automobile Liability Insurance (including owned, non- owned and hired vehicles coverage.) Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. II. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. D. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location. E. CONSULTANT also agrees to maintain Professional Liability Insurance coverage of $100,000 minimum per occurrence/ policy year aggregate limit to cover claims against CONSULTANT for damages arising in the 8 course of, or as a result of, work performed under this Conrtract. Coverage shall continue for a minimum of two (2) years after the CONSULTANTs assignment under this Contract is completed. Additional Professional Liability required is not required 8. CONSULTANT shall cause CONSULTANTs insurance company or insurance agent to fill in all information required (including names of insurance agencies, CONSULTANT and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the above listed Items A, B, C, D, and E; and before commencing any of the work and within the time otherwise specified, CONSULTANT shall file said completed Form with the Owner. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. CONSULTANT shall also file with the Owner valid CERTIFICATE OF INSURANCE on like form covering all Subcontractors. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with Owner not more than ten (10) days after execution of this Contract. Deductible on policy for Professional Liability shall not exceed $5,00() unless specifically approved by the Owner. 9 9. Professional Liability CONSULTANT shall be responsible for the use and emptoytrient of reasonable skill and care befitting the profession in the specifications and date provided by CONSULTANT for the project covered by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of CONSULTANT for the accuracy and competency of such specifications and data. 10. Indemnification CONSULTANT shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations, without limitation. CONSULTANT shall assume full responsibili#y for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, 1/Vorkers' Compensation, and Income Tax Laws with respect to CONSULTANTs employees. Further, CONSULTANT shall exonerate, indemnify and hold harmless the C:tTY, its officers, agents and all employees in connection with any of the work perfom~ed or to be performed under this Contract by CONSULTANT or as a result of CONSULTANTs failure to use and employ reasonable skill and care befitting the profession in accordance with Paragraph 9 hereof. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any plans, designs, drawings, or specifications furnished by CONSULTANT in the performance of this Contract. 10 11. Address of Notices and Communications OWNER: City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 CONSULTANT: RWL Group 300 N. Coit Road Suite 810 Richardson, Texas 75080 All notices and communications under this Contract shall be mailed or delivered to OWNER and CONSULTANT at the above addresses. 12. Captions Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation or application. 13. Successors and Assi_ nq_ments The OWNER and the CONSULTANT each binds himself and his successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 11 14. Termination of Contract for Cause If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Contract, the City shalt thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data and reports prepared by the CONSULTANT under this Contract shall, at the option of the CITY, become its property and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONSULTANT and the City may withhold any payments to the CONSULTANT for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONSULTANT is determined. 15. Termination for Convenience of the City The CITY may terminate this Contract at any time by giving at least thirty (30) days notice in writing to the CONSULTANT. If the Contract is terminated by the CITY as provided herein, the CONSULTANT will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the CONSULTANT, Paragraph 14 hereof relative to termination shall apply. 16. Changes The CITY may, from time to time, request changes in the scope of the services of the CONSULTANT to be pertormed hereunder. Such changes, including any 12 increase or decrease in the amount of the CONSULTANTs compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Contract. 17. Personnel A. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required, in pertorming the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required hereunder shall be pertormed by the CONSULTANT or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to pertorm such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 18. Reports and Information The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations iincurred or to be incurred in connection therewith, and any other matters covered by this Contract. 13 19. Civil Rights Under 106.001 et.seq. Civil Practice & Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex, or national origin, be excluded from participation in, be denied the benefits of', or be subjected to discrimination under any program or activity of the CITY. The CONSULTANT will cant' out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 20. Interest of CONSULTANT and Employees The CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interests which would conflict in any manner or degree with the pertormance of his services hereunder. The CONSULTANT further covenants that in the pertormance of this Contract, no person having such interest shall be employed. 21. Incorporation of Provisions Required by Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14 CITY OF PORT ARTHUR SIGNED AND AGREED TO ON THE DAY OF , 2008. City Manager CONSULTANT SIGNED AND AGREED TO ON THE DAY OF , 2008. RWL Group 15 . ~ (City of Poll Arthur) L-'xhibit '8' (lnw DepurlmenO - • - (Required Form) (7/8/80 (to/s/ao)• (s/l s/oo) (9-o-aa) (;~.2 Ravlsod ah 0/90) • • CERTIFICATE OF STANDARD FORM CONTRACT FOR LAN •~ DEPARTiyJENTRcVIcYYAND CITY COUNClLAGENDA ~' Y ccr(irv tl•,at Fhc conUccl (hereinaRer crlled 'scid conLncl~ ufCixed to lhQ nllached proposed Cily Council Reso;uGen No. I y ~~ ~ !s nn exact dup(lcale of a~ applicable slnndard form conUact (rho line of which Is ato':nl 6elo•,+} prev~cusry approved by the Law departmonl and ndopled n; a slandard form by Cily Councl Resolution, excepl (or Lie b(anl<s iLnl hava been filled fn vAU, nll necessary informnGon anJ excepl (or the ehnnges described Uclovr. The Gtfo o! the npp;icpble slandard form conlrnctis ; ; (] FedernUy Funded ComlrucUon Contrnct, Revised 1/5/08, 7/89, 8/09; 4/20191 ~ ; O Non-Federnl(y Funded Construction Contrnct, Revised 1/5/60, 7/89, 8/09; 4/20194 (J Federal • Professionn( Services -Engineering Contract, Revised 1/5/08, SJ89 (§10) 7/00/(rj0); 10!09; 2I'97 (§0) (] Non-Federnl - Professional Services - Englneering Conhncl, Revlsed 1/5/86, 5/BrJ(y70), 7/Ei9(~0), 10(89; 7J91(§0) (J CDBG - Professional Services - Engineeringg Contract, Revised 1/5/80, 5/09 (§10), 7J00(r0),'10/FJ9; 2191 (g0) ' (j Federnl - Professlonnl Services - ~•," • • • Eton-Enplneering (Consultant) Contrnct, Revised 7/5/00, 5/89 (§10), 7/09 (§6); 70/07 2/01 (;0) () Non-Federnl • Prole;sionnl Services - Non-[nginaering (Consultant) Contract, Revised 1/5/60, 5/09 (§10), 7169 {~0); 70/09; 2/~7 (§O) O CDOG - Professional services - t`!on•Gngineering (Consultant) Contrnct, Revised 7/5/88, 5100 (§70), 7/89 (g0); 10/89; 2/9'1 (§0) (x .Other Standard Foim Contract, described ns follows: •rRISK 11ANAGEMENT CONSULTING SERVICES • Tho cimnges are as follows: (Put r.n'X' in the appropriate (j) (~ None. • O The following described provisions nt l5e lndica:ed page, section, etc. of the slandard form have been delalcd from scid contract: DELETIONS ' ~ ., Page Number Section or Pnrngrr.ph No. Subsection or , ' Where end Caption Subparagraph No. Deleted Provision Which and Cnplion L Conloinn Provision Which Contains Provision Ocscriplion of - Found On slandard Fcrm Oeleied From Form Deleted From Form Provislon Dcleled Pine i of ~, 1 (p2 Revised H/10/90} (Cortificnta o(Slandard Form Contract, page 2) " (J Jho following doocrlbsd provisions et the indicated page, sedicn, etc, of the standard Jorm havo Uren altered, modified; replaced or otherwise changed: . ALTER,QTlONS, btODIftCATIONS, R£PLQCEMElJ7S, [TC, ~ , ' T Pcgc § t, ca~Ucn Sub § or Sub'y No. Page No. § or 4 No. & Ca Uon p ~ Ca Gon D sub 5 L c~ptien, etc. of std contract ~ p cseripGon ~ 4'Iherc of of which contain: of Provision Found Standard Form Standard Form Provision ahcred, etc. on which •which Slnnda, rd~ Form Contains Provision Conlain~Provi;ton Standard Form provision; 8 DcscripUcn of ---- Allcrntron etc. { ' t . . Y [ j The following provisions hove been added le Said Contract: ' '. • 'Page, Section and Caption SuDsecfion and Caption, etc. of Said Contract YYhich .Contains (he Added Provision a d D n escription ThereoF I further certify that said a!teched proposed City Council Aecolulion contains the foiowing provision: '"that sold contract Is an exact duplicate ei a Cily Standard Form Conlroct except for lha changes described in lne Certi(cnle o! Stsndord Form Contract, n copy or which is attached here;o az F~chibit'B' and is hereby incorporated by ~. reference, and said changes are hereby ooproved,' ~. I undorslnnd that this certificate will be relied on by Iho L.aw Department in reviewiny and approving (or rejecting) . ns to form and by the City Council In ceviev.ing and adopting (or rejecting) said Resolution and Conlrar.t, Signed this day cf Department Head or "- - ._ " _~ ~__"". ~^ -_.. _ ~, Pngc 2 0( 2 Yage Y of 1 EXHIBIT "C" Lisa Cotten From: "Carolyn Miller" <carolyn cLDrwlgroup.com> To: "'Lisa Cotten"' <Icolten~portarthur.neh Sent: Monday, August 25, 2008 2:00 PM Subject: Professional Services Contract Effective 10-1-2008 Lisa: Confirming our telephone conversation, it is necessary for us to raise the hourly rate we charge for the work we do for the City of Port Arthur. After not raising your rates in almost 20 years, we are looking at increasing the hourly rate from $175 per hour to $200 per hour. Our current rate for our other hourly clients is $260 per hour. As you can see, Port Arthur would still be getting a substantial discount. For the past three years (2005 through 2007) we have averaged a little over 57 hours of work during each of the years. The number of hours spent currently is less due to the consolidation of the clinic liability coverage into the TML program. So far this year, through the end of July, the City has been billed for just under 14 hours. Please discuss this with Harvey. Before we make this "official", we want to be sure this will not present the City with any problems. Thanks. Carolyn Carolyn A. Miller, CPCU Senior Consultant RWL Group 300 North Coit Rd., Suite 810 Richardson, Texas 75080-5456 Phone: 972.907.9095 Fax: 972.907.9198 CONFIDENTIALITY NOTICE: This a-mail message, including any attachments, is for the sole use of the intended reapient(s). The information contained in this message may be private and confidential, and may also be subject to the work product doctrine. Any unauthorized review, use, disclosure or distribution is prohibited. 8/28/2008