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R2020-097 2020-05-18RESOLUTION NO. R2020-97 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for bunker gear cleaning inspections and repair services with SMG Fire Center, in the estimated amount of $95,000.00, for the period of June 1, 2020 through May 31, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a unit supply bid for bunker gear cleaning inspections and repair services. Section 2. That the City Council hereby renews a bid with SMG Fire Center, in the unit price amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for bunker gear cleaning inspections and repair services. PASSED, APPROVED and ADOPTED this the 18' day of May, A.D., 2020. ATTE T: a= CRYIKTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: "=-= DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR AAA I.A�y,,10 ,,,•,•I t at 4UHt NtNNttt`` ` City of Pearland 3519 Liberty Drive Pearland, TX 77581 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 I. Summary of Contract Terms. Contractor: SMG Fire Center 13645 Murphy Road, Suite 231 Stafford, TX 77477 Description of Services: Contractor will provide bunker gear cleaning, inspections and repair services for the Fire Department, for the City of Pearland, as needed, per the specifications of bid #0119-19, R2020-97. Contract Type: Unit Price Contract, Estimated Amount of $95,000.00. Effective Date: June 1,2020 Termination Date: May 31,2021 Renewal: One renewal option available, upon the mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: John P9,t,llyvg.,dbylon-- DN:m=Johnm'"' r,mc"y.f P<a,�a.—F a e. 7-8-2020 Mccarter D-2020 0- b -05 Assistant Assistant Finance Director Date ��... .. 1 Ctfy Manage Assistant Cit?ManBer Director Superintendent/Manager CONTRACTOR: Title: owner Date: 06/29/2020 *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 5 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, loss, 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 Page 2 of 5 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- 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. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's response to bid# 0119-19 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services as listed on the attached. Page 3 of 5 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing bunker gear cleaning, inspections and repair services for the City of Pearland, as needed, per the specifications of bid #0119-19. Pricing is as follows per contractor's response to the same, as listed below: Line Items SMG Fire Center Line Description UOM Est Qty Unit Price 1 Advanced cleaning and inspection of bunker coat, including liner, twice per year EA 200 $20.00 2 Advanced cleaning and inspection of bunker pant, including liner, twice per year EA 200 $20.00 3 Advanced cleaning and inspection of boots, once per year, to include cleaning, inspection , conditioning and polishing EA 200 $12.00 4 Advanced cleaning and inspection of helmet, once per year, to include cleaning, inspection, replacement of any necessary tetrahedrons and conditioning if leather EA 200 $12.00 5 Advanced cleaning and inspection of gloves, twice per year EA 200 $12.00 6 Advanced cleaning and inspection of hood, twice per year EA 350 $8.00 7 Coat repair — full bellows pocket EA 40 $55.00 8 Coat repair — radio pocket EA 35 $10.50 9 Coat repair — mic loop EA 5 $10.00 10 Coat repair — sleeve cuff EA 5 $4.00 11 Coat repair — zipper storm flap) EA 185 $42.00 12 Coat repair — Velcro storm flap) EA 55 $36.75 13 Coat repair — triple trim entire coat EA 5 $140.00 14 Coat repair — DRD retrofit EA. 40 $0.00 15 Coat repair — name patch with hook and loop EA 60 $50.00 16 Coat repair — letters each EA 50 $3.00 17 Coat repair — wristlets each EA 5 $23.00 18 Coat repair — take up strap EA 25 $16.50 19 Pant repair — full bellows pocket EA 45 $55.00 20 Pant repair — knee pad EA 5 $25.00 21 Pant repair —cuff each EA 5 $22.00 22 Pant repair — Velcro storm flap) EA 5 $26.25 23 Pant repair — triple trim entire ant EA 15 $45.00 24 Pant repair — DRD EA 1 $0.00 25 Pant repair — zipper fl EA 150 $38.00 26 Pant repair — shorten pants EA 5 $60.00 27 Pant repair — take up strap EA 5 $16.50 28 Pant repair — female snap EA 10 $2.90 Page 4 of 5 29 Miscellaneous repair — hook(w/rivets and leather back EA 5 $17.40 30 Miscellaneous repair — D-ring(w/rivets and leather back EA 5 $8.80 31 Miscellaneous repair — outer shell patches(per square inch EA 315 $0.30 32 Miscellaneous repair — outer shell patches up to 4" x 4" EA 315 $11.55 33 Miscellaneous repair — restitchin EA 15 $0.55 34 Miscellaneous repair — bartackin 12" EA 5 $4.20 35 Miscellaneous repair — seam sealing, per inch EA 5 $1.35 36 Miscellaneous repair —moisture barrier velcro, per inch EA 45 $0.30 37 Miscellaneous repair — moisture barrier patch, per square inch EA 5 $0.30 38 Miscellaneous repair — moisture barrier patch 5" x 5" EA 5 $5.80 39 Miscellaneous repair — moisture barrier patch 4" x 4" EA 5 $11.55 40 Miscellaneous repair — moisture barrier pin holes EA 265 $17.35 41 Miscellaneous repair — triple trim, per inch EA 5 $1.50 42 Miscellaneous repair — reflective stickers EA 220 $1.85 43 Miscellaneous repair — repair helmet crack EA 5 44 Miscellaneous repair - restitch helmet EA 10 $0.55 45 Miscellaneous repair - helmet chin strap EA 5 $15.00 46 Miscellaneous repair - identification sticker EA 110 $0.00 47 Miscellaneous repair - DECON EA 5 $0.00 Page 5 of 5 Line Items EXHIBIT A SMG Fire Center Line Description UOM Est Qty Unit Price 1 Advanced cleaning and inspection of bunker coat, including liner, twice per year EA 200 $20.00 2 Advanced cleaning and inspection of bunker pant, including liner, twice per year EA 200 $20.00 3 Advanced cleaning and inspection of boots, once per year, to include cleaning, inspection , conditioning and polishing EA 200 $12.00 4 Advanced cleaning and inspection of helmet, once per year, to include cleaning, inspection, replacement of any necessary tetrahedrons and conditioning (if leather) EA 200 $12.00 5 Advanced cleaning and inspection of gloves, twice per year EA 200 $12.00 6 Advanced cleaning and inspection of hood, twice per year EA 350 $8.00 7 Coat repair - full bellows pocket EA 40 $55.00 8 Coat repair - radio pocket EA 35 $10.50 9 Coat repair - mic loop EA 5 $10.00 10 Coat repair - sleeve cuff EA 5 $4.00 11 Coat repair - zipper (storm flap) EA 185 $42.00 12 Coat repair - Velcro (storm flap) EA 55 $36.75 13 Coat repair - triple trim (entire coat) EA 5 $140.00 14 Coat repair - DRD retrofit EA 40 $0.00 15 Coat repair - name patch with hook and loop EA 60 $50.00 16 Coat repair - letters (each) EA 50 $3.00 17 Coat repair - wristlets (each) EA 5 $23.00 18 Coat repair - take up strap EA 25 $16.50 19 Pant repair -full bellows pocket EA 45 $55.00 20 Pant repair - knee pad EA 5 $25.00 21 Pant repair -cuff (each) EA 5 $22.00 22 Pant repair - Velcro (storm flap) EA 5 $26.25 23 Pant repair - triple trim (entire pant) EA 15 $45.00 24 Pant repair - DRD EA 1 $0.00 25 Pant repair - zipper (fly) EA 150 $38.00 26 Pant repair - shorten pants EA 5 $60.00 27 Pant repair - take up strap EA 5 $16.50 28 Pant repair - female snap EA 10 $2.90 29 Miscellaneous repair - hook (w/rivets and leather back) EA 5 $17.40 30 Miscellaneous repair - D -ring (w/rivets and leather back) EA 5 $8.80 31 Miscellaneous repair - outer shell patches (per square inch) EA 315 $0.30 32 Miscellaneous repair - outer shell patches up to 4" x 4" EA 315 $11.55 33 Miscellaneous repair - restitching EA 15 $0.55 34 Miscellaneous repair - bartacking 12" EA 5 $4.20 35 Miscellaneous repair - seam sealing, per inch EA 5 $1.35 36 Miscellaneous repair - moisture barrier velcro, per inch EA 45 $0.30 37 Miscellaneous repair - moisture barrier patch, per square inch EA 5 $0.30 38 Miscellaneous repair - moisture barrier patch 5" x 5" EA 5 $5.80 39 Miscellaneous repair - moisture barrier patch 4" x 4" EA 5 $11.55 40 Miscellaneous repair - moisture barrier pin holes EA 265 $17.35 41 Miscellaneous repair - triple trim, per inch EA 5 $1.50 42 Miscellaneous repair - reflective stickers EA 220 $1.85 43 Miscellaneous repair - repair helmet crack EA 5 44 Miscellaneous repair - restitch helmet EA 10 $0.55 45 Miscellaneous repair - helmet chin strap EA 5 $15.00 46 Miscellaneous repair - identification sticker EA 110 $0.00 47 Miscellaneous repair - DECON EA 5 $0.00