R-2015-006 2015-01-12RESOLUTION NO. R2015-6
A Resolution of the City Council of the City of Pearland, Texas,
renewing a bid for the operation and management of the Independence
Park Pool with Greater Houston Pool Management, Inc., in the
estimated amount of $62,108.00, for the period of May 25, 2015 through
August 23, 2015.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a bid for the operation and
management of the Independence Park Pool.
Section 2. That the City Council hereby renews the bid with Greater Houston Pool
Management, in the amount of $62,108.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the operation and management of the Independence Park Pool.
PASSED, APPROVED and ADOPTED this the 12'r' day of January, A.D. 2015.
ATTEST:
NG LO
Y SEC' • ARY
APPROVED AS TO FORM.
DARRIN M. COKER
CITY ATTORNEY
Pc4.-1
TOM REID
MAYOR
;U.
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
li. Signatures
Ill. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Amount:
Effective Date:
Termination Date:
Renewal:
Greater Houston Pool Management, Inc.
12227 Old Huffmeister Road
Cypress, TX 77429
Operation and Management of Independence Park Pool
Not to exceed S62,108.00
May 23, 2015
August 23, 2015
three (3) one-year renewal options available, upon mutual
agreement of both parties. Per City Council Resolution ##R2015-6
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P
LAND*
4
Signed by: Dat
/City Man
Assistant
Director
Program
ger
City Manager
Manager
*Contract Signature Authority:
CONTRACTOR:
Title.
Date:
Program 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+
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.
CONTRACT/Page 2
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 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 City's RFP #1214-13, dated February 19, 2014.
2. Swimming Pool Management and Maintenance Proposal and Agreement provided by
Greater Houston Pool Management, Inc.
3. Insurance Certificate listing City of Pearland as additional insured.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of services.
CONIRACT/1'agc 3
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of the operation and management of City of Pearland's
Independence Park Pool, per the specifications set forth in RFP #1214-13 and Contractor's response
to the same.
In addition, City is to receive 100% of gross gate receipts and a 25% share of gross program and
rental revenues per the provisions outlined in "Exhibit C" of Greater Houston Pool Management Inc.'s
Swimming Pool Management and Maintenance Proposal and Agreement.
Month Management
�.,
IIIIMMININ
May $ 12,421.60
June $ 18,632.40
July $ 18,632.40
August $ 9,316.20 $
September $ 3,105.40 $
TOTAL $ 62,108.00 $
Monthly Total
$ 12,421.60
$ 18,632.40
$ 18,632.40
9,316.20
3,105.40
62,108.00
2015 Pool Schedule, Hours of Operation, and Staffing
May 23'd through June 5°i
Mondays through Fridays
Saturdays
Sundays
Exceptions'
Monday, May 25'r (Memorial Day)
June 6"' through August 23i1
Mondays
Tuesdays through Sundays
Closed
12:00 PM — 7:00 PM
12:00 PM —7:00 PM
12:00 PM — 7:00 PM
Closed
12:00 PM — 7:00 PM
CONTRACT/Page 4
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