R2019-302 2019-12-09 RESOLUTION NO. R2019-302
A Resolution of The City Council of the City of Pearland,Texas,authorizing
the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement with the Texas BuyBoard for heavy equipment
services (repair, rental and parts) with Associated Supply Company Inc.
(ASCO), in the estimated amount of $160,000.00., for the period of
December 20, 2019 through December 19, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That contract pricing has been obtained through interlocal cooperative partner
Texas BuyBoard for heavy equipment services.
Section 2. That the City Manager or his designee is hereby authorized to participate in an
interlocal cooperative pricing arrangement with the Texas BuyBoard for heavy equipment services,
in the estimated amount of$160,000.00.
PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2019.
001111111014.,
a��, /••••$ TOM REID
.j MAYOR
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Citihi;, L*4°79i-12i
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
yo, a , * City of Pearland
e 3519 Liberty Drive
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est. 1t9A. 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
Ill. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Associated Supply Company (ASCO Equipment Co.)
6203 Long Drive
Houston, Texas 77087
Description of Services: Contractor will provide Heavy Equipment Services (repair, rental
and parts) as needed in accordance with specifications of the
Buyboard Contract #'s 565-18, 529-17 and 515-16; City Council
Resolution#R2019-302
Contract Type: Unit Price Contract, Estimated Amount of$160,000.00
Effective Date: December 20, 2019
Termination Date: December 19, 2020
Renewal: No renewal options at this time
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PE LAND: CONTRACTOR: 4 55(ci i- le,,f��e'rft
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B get/Pur hasing Manager Date 'Title: P»/�
Date: / -/3 2
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'My M nager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority: Superintendent/Manager-$5,999 or less
Director-$6,000 to$30,000
City Manager/Assistant City Managers-$30,001 to$50,000
City Council Resolution -$50,000+
Page 1 of 3
Ill.Standard Contactual*Provisions:
A. Definitions;
Contract means this Standard.SeMvices.Contract..
Services means the services for which the vendor provided proposals to as described in
BuyBoard solicitations
B. Services and Payment. Contractor will furnish.Services to.the.City in accordance'with the
ternis:.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 bytheCity to Contractor,including the timeof 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.terrininate.'
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 terminotelhis Contract
as provided in this paragraph if the other party'falls 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-YearContracts 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,. loss, of 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 thatparty'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 es 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 th.e State of Texas
and a.lawsuit may only be prosecuted on this Contract in a court.of competent jurisdiction
Iodated in or haviiig.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 Contractors officers
and employees.
I. Dispute Resolution Procedures. The Cohtractor'and Ciy desire an expeditious means to
resolve any disputes that:may arise between therm 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 matterto mediation before a
third party who will be:.selected.by agreement of the parties. The parties will.each pay one-
'half of the mediator's fees.
J. Attorney'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 attorney'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: Aliy provision contained in the.Contractor's Additional
Contract :Documents that conflicts with this. Contract 'provisions 'not'Included in the. contractors'
additions!contract documents,.does.not:apply'to this contract
A. Contractor's Additional Contract Documents:
1. The contractor's response to Buyboard bid #'s 565-18, 529-17 and 515-1 fi shall-be
construed as 'additional contract documents, 'and pricing/discounts as shown on
attached pages.
B. City's Additional Contract.Documents:
1. City standard insurance requirements-