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HomeMy WebLinkAboutResolution - 2004-R0460 - Resolution Ratifying Pool Management Contract - USA Pools - 09_28_2004Resolution No. 2004-RO460 September 28, 2004 Item No. 17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Ratification of that certain Amendment to Pool Management Contract Between the City of Lubbock and USA Pools, dated August 17, 2004, and any other related documents. Said Ratification is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of September ",, , 2004. , MAYOR ATTEST: Rebecca Garza, City Secre—tSy APPROVED AS TO C TENT: Corbin Pemberton Parks and Recreation Director APPROVED AS TO FORM: c�7 Richard K. Casner First Assistant City Attorney ke/ccdocs/ USA Pools Amendment Ratification Reso September 14, 2004 Resolution No. 2004-RO460 September 28, 2004 RATIFICATION Item No. 17 KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, on the 17"' day of August, 2004, the City of Lubbock, by and through its City Manager, executed and delivered that certain Amendment to Pool Management Contract Between the City of Lubbock and USA Pools, Inc., attached hereto as Exhibit "A" (the "Amendment"), amending that certain Swimming Pool Management Agreement, dated on or about March 23, 2004, Resolution No. 2004- R0144, between the City of Lubbock, Texas, and USA Pools, Inc. 1073 Green Street, Roswell, GA, 30075; WHEREAS, the City of Lubbock now desires to ratify the Amendment. NOW, THEREFORE, the City of Lubbock does hereby ratify, adopt and confirm the Amendment, in all of its terms and provisions, as fully and completely as if the City of Lubbock had originally executed and delivered same, and acknowledges the validity, effect, and enforceability of the Amendment effective as of August 17, 2004. Passed by the City Council this 28th day of September , 2004. CITY OF T J TRRO K ATTEST: R ecca Garza, City Secret y Ratification of Amendment USA Pools Page 1 of 2 APPROVED AS TO CO ENT: pi i),e� — orbin emberion Parks and Recreation Director APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Richard/USA Pools Ratification of Amendment September 14, 2004 Ratification of Amendment USA Pools Page 2 of 2 Resolution No. 2004-RO460 September 28, 2004 Item No. 17 Exhibit "A" STATE OF TEXAS CONTRACTOR OF LUBBOCK § Resolution No. 2004-RO460 September 28, 2004 Item No. 17 AMENDMENT TO POOL MANAGEMENT CONTRACT BETWEEN THE CITY OF LUBBOCK AND USA POOLS This Amendment to Contract is entered into this i7 day of -)� S u T� 2004 between the City of Lubbock, a Texas municipal corporation (hereinafter called "the City") and USA Pools, Inc. (hereinafter called "Contractor"). WHEREAS, the Contractor and the City have previously entered into a contract dated March 23, 2004 (hereinafter called "the Contract"); and WHEREAS, the City and the Contractor hereby desire to amend said Contract. NOW THEREFORE, the City and the Contractor hereby agree to amend the Contract as follows: 1) Paragraph 1. of the Contract is hereby amended as follows: 1. EFFECTIVE DATE: The Agreement, when executed by both parties hereto, shall be come effective on date of signing, for the swim seasons(s) May 21, 2004 through August 15, 2004. This agreement shall then continue from year to year on the same terms and conditions set forth herein for two (2) additional years for 2005 and 2006, at an amount not to exceed an increase of five (5%) percent each swim year. In the event that Owner desires not to renew and extend this Agreement as provided herein, Owner shall provide Company with written notice by certified mail delivered to 1073 Green Street Roswell, GA 30075 prior to September 15, of each year. 2) Paragraph 11. of the Contract is hereby amended as follows: 11. POOL OPERATION : Company recommends that supervision by certified personnel be required for any use of the pool. Company shall schedule certified lifeguards to operate the pool on the following schedule: DATES OF OPERATION: May 21, 2004 through August 15, 2004 May 20, 2005 through August 28, 2005 May 19, 2006 through August 27, 2006 HOURS OF OPERATION: Pool Hours: Saturday Sunday Monday Tuesday 1:00 p.m.-6:00 p.m. 1:00 p.m.-6:00 p.m. CLOSED 1:00 p.m.-6:00 7:00 p.m.-9:00 p.m. Wednesday 1:00 p.m.-6:00 p.m. Thursday 1:00 p.m.-6:00 p.m. Friday 1:00 p.m.-6:00 p.m. Note: If a Holiday falls on a day when the pool is normally closed, the pool will be open on that day and closed the following day. If Owner elects to change the above schedule any time during this agreement, the Owner agrees to provide 7 day written notice to allow company time to accommodate schedule change. Company may determine lifeguard requirements based on bathing load and pool size. Once every hour, for a period of ten minutes, the pool shall be cleared of all children 17 years and younger. (Safety Break) During this period, lifeguards shall not be on duty and neither the lifeguards nor the Company shall be responsible for people using the pool during said safety break. 3) Paragraph 24. of the Contract is hereby amended as follows: 1. CLOSING: Unless the Owner elects section (24) EXTENSION OF OPERATION, the pool shall be considered closed to swimmers on August 16, 2004 and the Company shall close the pool as soon after that date as Company deems possible. The Company shall complete the following services to close the pool: (1) Pump pool water to correct level. (2) Upon written request, Company shall drain all lines and fixtures in the bathhouse. Owner agrees to pay additional charges in accordance with section (26) PAYMENTS for winterization of bathhouse. Company shall assume responsibility for any freeze damage to bathhouse and shall repair any damage to bathhouse at Company's expense with the exception of damage due to circumstances beyond the Company's control. (3) Install Owner's cover. (If applicable) (4) Drain pumps and hair/lint strainer. (5) Backwash and drain filter tanks (6) Open all valves to appropriate settings. (7) Store Owner's deck furniture. (8) Remove and store skimmer parts. (9) Cover all skimmers with plastic to prevent winter rain from refilling drained skimmers. (10) Remove and store all moveable ladders, lifeguard chairs, at Owner's written request. (11) Clean and store chemical feeders. (12) Drain and store water hoses. (13) Lubricate filter system valves. (14) Grease motor bearings. (If applicable) (15) Add winterization chemicals to pool to retard algae growth, Owner to pay cost. (16) Prepare pool and pool plumbing lines for freeze protection; Company agrees to use common and accepted winterization techniques, but assumes no responsibility for freeze damage, Company shall inject anti -freeze in skimmers and related fixtures. (17) Prepare an inspection closing report. 4) This amendment to the Contract shall be effective upon execution. The remainder of the Contract shall remain in full force and affect except as changed herein. n L Executed the 04 of yufT , 2004 as first written as affected as provided herein. —T CITY OF LUBROC4Q, USA LOU FO , CITY MkNXGER APPR �7v D AS TO TENT: Corbin Pemberton, Parks and Recreation Director APPROVED AS TO FORM: �LSim�s,sistan it Attorn" � Y