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HomeMy WebLinkAboutR2026-136 20260810RESOLUTION NO. R2026-136 A Resolution of the City Council of the City of Pearland, Texas, approving a contract for Fire Department Dispatch Services to East Harris County Communications in the estimated annual amount of $432,500.00 for an initial three (3) year term with two (2) one-year renewals. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards a contract to East Harris County Communications in the estimated annual amount of $432,500.00. The initial contract term shall be for three (3) years, from September 1, 2026, through August 31, 2029, with two (2) one-year renewals, subject to annual budget appropriations and satisfactory performance. Section 3. The City Manager or his designee is hereby authorized to execute a contract for fire department dispatch services. PASSED, APPROVED and ADOPTED this on the 10th day of August, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA City of Peorlond 3519 Liberty Drive Peorlond,TX77581 SERVICECONTRACTNO.#5109-26 Emergency Dispatch and Communication Services THIS CONTRACT ("Contract")is entered into by and between the City of Pearland,a Texas home- rule municipal corporation ("City")and Contractor ("Contractor"),and consisting of the following parts: I.Summary of Contract Terms ll:Signatures lll.Standard Contractual Provisions IV.Special Terms and Conditions V,Additional Contract Attachments |.Summary of Contract Terms. Contractor:East Harris County Emergency Services Joint Powers Board 6010 Ridlon Ave. Channelview,TX 77530 Description of Services:Contractor will provide City of Pearland emergency dispatch and communication services to Pearland Fire Department per the Contract Amount:estimated annual amount of $432,500.00 Effective Date:September 1,2026 End Date:September 30,2029 Renewals:Two (2)one—year periods Resolution No/Bid No:ECOM202601 ||.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date ”Signed by:Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *CityContract Signature Authority:Superintendent/Manager —up to $10,000 Director -$10,001 -$30,000 City Manager/Deputy/Assistant City Manager -$30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page i of 7 Approved as to Legal Form 6:28.202] Resolution No. R2026-136Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA 8/17/2026 | 12:56 PM CDT 8/17/2026 | 2:17 PM CDT Ill.Standard Contract Provisions WHEREAS,Contractor has bid to provide Services (“Services")in response to Quote No. ECOM202601 (“Solicitation"),which Solicitation includes the required scope of work and all speci?cations and which Solicitation and the Contractor‘s bid or proposal response,as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2,respectively,as if each were fully set out here in its entirety. NOW,THEREFORE,City and Contractor agree as follows: 1.Scope.Contractor will provide Services in accordance with the attached Scope of Work,as detailed in Attachment A,the content ofwhich is incorporated by reference into this Contract as iffully set out here in its entirety,and in accordance with Exhibit 2. 2.Term.This Contract is for three (3)years with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division,or upon the performance date listed in the notice to proceed, whichever is later.The parties may mutually extend the Term ofthis Contract for up to two (2) additional one-year periods ("Option Period(s)"),provided,the parties do so by written amendment prior to the expiration of the original term or the then—current Option Period.The City's extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment.This Contract is for an estimated annual amount of $432,500.00 subject to approved extensions and changes.Payment will be made for Services completed and accepted by the City within thirty (30)days of acceptance,subject to receipt of an acceptable invoice.Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule,as shown in Attachment B,the content of which is incorporated,in its entirety,by reference into this Contract.Any amount not expended during the initial term or any option period may,at the City's discretion,be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn:Accounts Payable Email:accountspayable@Qearlandtxgav 4.Contract Administrator.The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract,including deductions for non-performance and authorizations for payment.The City’s Contract Administrator for this Contract is as follows: Name:City of Pearland —Purchasing Of?cer For Department:Fire Phone:281-652-1737 Email:purchasing@pearlandb(.gav 5.Insurance;Bonds. (A)Before performance can begin under this Contract,the Contractor must deliver a Certi?cate of Insurance (“COI"),as proof of the required insurance coverages,to the City's Contract Administrator.Additionally,the COI must state that the City shall be provided no less than thirty (30)days‘advance written notice of cancellation,material Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.282021 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA 10. change in coverage,or intent not to renew any of the policies.The City must be named as an additional insured.The City Attorney must be given copies of all insurance policies within ten (10)days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C,the entirety of which is incorporated by reference into this Contract. (B)Contractor shall provide any required payment bond,performance bond,or both,prior to commencement of performance under this Contract.The terms,conditions,and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C,and such content,the entirety of which,shall be incorporated into this Contract. Purchase Release Order.For multiple-release purchases of Services provided by the Contractor over a period of time,the City will exercise its right to specify time,place and quantity of Services to be delivered in the following manner:the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division.The purchase release order shall refer to this Contract,and Services shall not be rendered until the Contractor receives the signed purchase release order. Inspection and Acceptance.City may inspect all Services and products supplied before acceptance.Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City.If immediate correction or re- working at no charge cannot be made by the Contractor,a replacement service may be procured by the City on the open market and any costs incurred,including additional costs over the item‘s bid/proposal price,shall be paid by the Contractor within thirty (30)days of receipt of City's invoice. Warranty. (A)The Contractor warrants that all products supplied under this Contract are new,quality items that are free from defects,?t for their intended purpose,and of good material and workmanship.The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)in addition,the products purchased under this Contract shall be warranted by the Contractor or,if indicated in Attachment D by the manufacturer,for the period stated therein.Attachment D,the entirety of which,is attached to this is incorporated into this Contract. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. Quality/Quantity Adjustments.Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period.Substitutions and deviations from the City‘s product requirements or speci?cations are prohibited without the prior written approval of the Contract Administrator. Non-Appropriation.The continuation of this Contract after the close of any ?scal year ofthe City,which ?scal year ends on September 30th annually,is subject to appropriations and budget approval speci?cally covering this Contract as an expenditure in said budget,and it is within the sole discretion of the City's City Council to determine whether or not to fund this Service Contract Standard Form Page 3 of 7 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA 11. 12. 13. 14. 15. 1G. 17. Contract.The City does not represent that this budget item willbe adopted,as said determination is within the City Council's sole discretion when adopting each budget. Independent Contractor.Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method,and under no circumstances or conditions will any agent,servant or employee of the Contractor be considered an employee of the City. Subcontractors.In performing the Services,the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identi?ed in the bid/quote/proposal or approved by the Contract Administrator. Amendments.This Contract may be amended or modi?ed only in writing and executed by authorized representatives of both parties. Waiver.No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. Taxes.The Contractor covenants to pay payroll taxes,Medicare taxes,FICA taxes, unemployment taxes and all other applicable taxes.Upon request,the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Notice.Any notice required under this Contract must be given by hand delivery,or certi?ed mail,postage prepaid,and is deemed received on the day hand-delivered or on the third day after postmark if sent by certi?ed mail.Notice must be sent as follows: IF TO CITY: City of Pearland Attn:Kendra Rubens Title:Management Assistant Address:2703 Veterans Dr,Pearland,TX 77584 m81.997.5848 IF TO CONTRACTOR: East Harris County Emergency Communications Attn:Joshua Sparks Title:Communications Director Address:16010 Ridlon Ave, Channelview,TX 77530 Phone:281.864.4412 Liability and Indemnity.ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITYTO THE CITY FORACTUAL OR COMPENSATORY DAMAGES,LOSS,OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THATPROVIDES FOR CONTRACTUAL INDEMNITYBYONE PARTY TO THE OTHER PARTYTO THIS CONTRACTIS 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 Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28.2021 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA NEGLIGENTACTS OR OMISSIONS IN THE PERFORMANCE OF Service Contract Standard Form Page 5 of 7 Approved as to Lego‘Form 6.282021 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA THIS CONTRACT IN ACCORDANCE WITHAPPLICABLE LAW.THIS PROVISION DOES NOTAFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BYA THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACTAS A THIRD- PARTY DEFENDANTAS ALLOWED BY LAW. 18.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. 19.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. 20.Termination. (A)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. (B)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 shall provide the other party notice of the default in writing citing the terms ofthe Contract that have been breached and what action the defaulting party must take to cure the default.Ifthe party in default fails to cure the default as Speci?ed in the notice,the party giving the notice of default mayterminate this Contract by written notice to the other party,specifying the date of termination.Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach ofthe Contract as allowed by law,including any damages or costs suffered by either party. 21.Owner’s Manual and Preventative Maintenance.Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract.Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the ?nal payment by the City. 22.Limitation of Liability.The City's maximum liabilityunder this Contract is limited to the total amount of compensation listed in this Contract.in no event shall the City be liable for incidental,consequential or special damages. 23.Assignment.No assignment of this Contract by the Contractor,or of any right or interest contained herein,is effective unless the City Manager ?rst gives written consent to such assignment.The performance of this Contract by the Contractor is of the essence of this Contract,and the City Manager‘s right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24.Severability.Each provision of this Contract is considered to be severable and,if,for any reason,any provision or part of this Contract is determined to be invalid and contrary to Service Contract Standard Form page 6 of 7 Approved as to Legal Form 6.28.202] Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA IV. applicable law,such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid,but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25.Order of Precedence.In the event of any con?icts or inconsistencies between this Contract, its attachments,and exhibits,such con?icts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1);then, D.the Contractor’s bid response (Exhibit 2). 26.Certificate of interested Parties.Contractor agrees to comply with Texas Government Code Section 2252.908,as it may be amended,and to complete Form 1295 “Certi?cate of Interested Parties”as part of this Contract if required by said statute for items approved by the City Council. 21.Governing Law.Contractor agrees to comply with all federal,Texas,and City laws in the performance of this Contract.The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas,and such form and venue for such disputes is the appropriate district,county,orjustice court in and for Brazoria County,Texas. 28.H.B.89.In accordance with Chapter 2270 of the Texas Government Code,the signatory executing this contract on behalf of company veri?es that the company does not boycott Israel and will not boycott Israel during the term of this contract.This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29.Public Information Act Requirements.This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City.The requirements of Subchapter J,Chapter 552,Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request.may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30.Entire Agreement.This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements,agreements,and understandings,either oral or written,between the parties. Special Terms and Conditions.none Additional Contract Documents Attached and Incorporated by Reference: Attachment A:Scope of Work Attachment B:Bid/Pricing Schedule Attachment C:Insurance and Bond Requirements Attachment D:Warranty Requirements Service Contract Standard Form Page 7 of 7 Approved as to Legal Form 6.28.2021 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA Incorporated by Reference Only: Exhibit 1:RFB/RFP/Qucte No.ECOM 202601 Exhibit 2:Contraclofs Bid/Proposal Response Service Contract Standard Form Page a of 7 Approved as re Legal Form 6.28.2021 Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA ATTACHMENT A —SCOPE OF WORK Scope of services provided shall consist of the following: (a)ECOM will provide Emergency Communication Services through its Emergency Communications Center ("Center").The Center will receive emergency and non-emergency communications directed to the Dispatch Client and will dispatch the Dispatch Client's personnel and equipment,by appropriate means, within the Dispatch Client's geographic area in response to such communications (the "Services"). (i)These Services will be provided twenty-four (24)hours a day,seven days a week,??y—two weeks a year, for the duration of this Agreement,without interruption for any reason,including natural disaster;with the following exceptions; r.A compromise in the structural integrity of the building materially impairing the ability to deliver the service, ii.A fatal infrastructure failure from whatever cause, in.Force majeure as described herein.ECOM will develop redundancy of systems to ensure non- interruptionof the Services in the event one system is disabled.All personnel will be trained to meet or exceed standards of competency and professionalism ECOM will abide by all applicablelaws,rules and regulations to the best of its ability.ECOM will continue to enhance Services,provided with updated technology and updated protocols to re?ect best practices in the industry. (i)Receive and dispatch all calls for emergency and non-emergency service within Dispatch Client's geographic boundaries as provided to ECOM; (i)Maintain a computer dispatch record of all calls received mid pertinent time records of those calls; (i)Maintain a tape library of all radio/telephone traf?c of calls to Dispatch Client for review by the designated Dispatch Client representative; (i)Coordinate communications needs of Dispatch Client based upon the capabilitiesof ECOM's communications system; (i)Provide Dispatch Client with certain periodic reports as more speci?cally identi?ed in Exhibit A; and (i)Provide Dispatch Client an invoice monthly for billing and auditing purposes. (i)Service of the MDT so?ware as recommended by the software vendor. Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA ATTACHMENT B —BID/PRICING SCHEDULE ECOM 202601 Annual Base Fee (Lump Sum)$35,000.00 Pet Call Fee Schedule $26.50 per call Esu'maf/edCall-Monthly 1,250 calls Per Call Fee Schedule to be billed monthly Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA Attachment C Purchasing DepartmentCityofPearland25,652,775 3519 LibertyDrive eb s@gearlandtx.gov Pearland,TX 77581 Contractor Insurance Requirements &Agreement Contractors performing work on City property or public right-of—wayfor the City of Pearland shall provide the City a certi?cate of insurance or a copy of their insurance policyls)evidencing the coverages and coverage provisions identi?ed herein.Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required.The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TVFE OF INSURANCE AMOUNToF INSURANCE PROVISIONS 1.Workers’Compensation Statutory Limits ForWC,CGL.and BAL,the City is Employers'Liability (WC)$1,000,000 per occurrence to be provided a WAIVER OF SUBROGATION. 2.Commercial General (Public)Personal Injury -$1,000,000 per d BAL -. Liability (CGL)to include coverage person;Property Damage »EnglitizcialinsdrgdZIt-?j[2131;52:122- for:..$1,000,000 per occurrence;day notice of cancellation or materiala)Premises/Operations General Aggregate -$2,000,000 change in coverageb)Products/Completed ' Opera‘mns wc,CGL and BAL.City shall bec)Independent Contractors d)Personal Injury e)Contractual Liability provided 30-day notice of cancellation or material change in coverage. 3.Business Auto Liability (BAL)to Combined Single Limit - include coverage for:$1.000,000 CGL will include a non-contributory a)Owned/Leased vehicles addendum. b)Non—ownedvehicles 0)Hired vehicles Ifthe contract involves a professional service,the contractor willalso be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certi?cate of Insurance forms may be emailed to:Purchasing Department at ebids@gearlando<.gov.Questions regarding required insurance should be directed to City of Pearland Purchasing Department,at ebids@gearlandtx.gov. This form must be signed and returned with your bid/quotation.You are stating that you do have the required insurance and if selected to perform work for the City,will provide a certi?cate of insurance,and a copy of insurance policy with the above requirements to the City.A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland.I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Quote # Comm-M gym/ago Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA Signature and PrimedName:??:gjéx SQms? Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA Not applicable. ATTACHMENT D —WARRANTY Docusign Envelope ID: F2779CE2-E5D6-8835-82AC-AA641CFD4BEA