HomeMy WebLinkAboutReso 124-19 Approving an Agreement with USA Pools of California/USA Management for Waterslide Maintenance ServicesRESOLUTION NO. 124 -19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT WITH USA POOLS OF CALIFORNIA/USA MANAGEMENT
FOR WATERSLIDE MAINTENANCE SERVICES
WHEREAS, Staff issued a Request for Proposal for both pool and waterslide maintenance
services for The Wave at Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT was the lowest responsible
bidder; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT will provide waterslide
maintenance service that aligns with the City's needs; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT is prepared to complete the
work outlined in the Scope of Services; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Agreement with USA Pools of California/USA Management, attached hereto as
Exhibit A, for The Wave at Emerald Glen Recreation and Aquatic Complex.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement
and make any other minor modifications as necessary to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
None
None
I20
( " �r- �� -
City Clerk
May
Reso No. 124-19, Adopted 12/03/19, Item No. 4.2 Page 1 of 1
AGREEMENT NOT SIGNED. USA POOLS AND THE CITY
DID NOT ENTER INTO THE AUTHORIZED AGREEMENT
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
USA POOLS OF CALIFORNIA/ USA MANAGEMENT
THIS AGREEMENT for Swimming Pool and Waterpark Maintenance for Aquatic Facilities services
is made by and between the City of Dublin ("City") and USA POOLS OF CALIFORNIA/ USA
MANAGEMENT. ("Contractor") (together sometimes referred to as the "Parties") as of January 1, 2020 (the
"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2022, the date of completion specified in Exhibit A, and Contractor
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $22,182.00
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of Califomia/USA Management Page 1 of 15