HomeMy WebLinkAboutResolution - 2004-R0144 - Contract For Pool Management - USA Pool Management, Inc. - 03_23_2004Resolution No. 2004-RO144
March 23, 2004
Item No. 37
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 Contract for pool
management, by and between the City of Lubbock and USA Pool Management Inc., and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 23rd day of March , 2004.
'MAC IWDUGAL, MAYOR
ATTEST:
Re cca aria, Ci Secretary
APPROVED AS TO CONT T:
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
y'L,^ s, AssistffiT iiy Attorney
gs/ccdocs/Res-Contract USA Pools Inc.
March 16, 2004
Resolution No. 2004-RO144
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Contract Proposal ForO
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TABLE OF CONTENTS
EFFECTIVE DATE........................................................................
2
PROPOSAL EXPIRATION OPTION ...................................................
2
ACCESS AND UTILITIES...............................................................
2
TELEPHONE................................................................................
2
FIRSTAID KIT.............................................................................
3
OPENING....................................................................................
3
EARLY SWIM READY DATE..........................................................
3
VANDALISM...............................................................................
3
PERMITS....................................................................................
3
MINIMUM SAFETY STANDARDS ....................................................
4
POOL OPERATION.......................................................................
4
PERSONNEL................................................................................
5
PERSONNEL RESPONSIBILITIES.....................................................
5
RAINDAY...................................................................................
6
WATER QUALITY........................................................................
6
CHEMICALS AND SUPPLIES..........................................................
6
REPAIRWORK.............................................................................
7
INSTRUCTIONS/ COACHES............................................................
7
ADDITIONAL LIFEGUARDS...........................................................
8
INSURANCE/ LIABILITY...............................................................
8
MISCELLANEOUS........................................................................
9
PRE/POST WALK THROUGH..........................................................
9
EXTENSION OF OPERATION..........................................................
9
CLOSING....................................................................................
9
PAYMENTS.................................................................................
10
CANCELLATION..........................................................................
11
OWNER CONTACT PERSON...........................................................
11
GOVERNING LAW.......................................................................
11
ENTIRE AGREEMENT, MODIFICATION, BINDING EFFECT..................12
SEVERABILITY...........................................................................
12
NONWAIVER..............................................................................
12
ACCEPTANCE.............................................................................
12
SWIMMING POOL MANAGEMENT AGREEMENT
THIS AGREEMENT, between USA POOLS, INC. (the "Company") and The City of Lubbock (the "Owner"), is
to provide for the operation and management by the Company of the Owner's pool located in Lubbock, Texas, in
accordance with the specification, conditions, and terms set forth herein.
1. EFFECTIVE DATE: This Agreement, when executed by both parties hereto, shall become effective on
date of signing, for the swim season(s) May 21, 2004 through August 29, 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. PROPOSAL EXPIRATION OPTION: This contract is void at the Company's option if not executed
by the Owner and returned to the Company by April 1, 2004.
3. ACCESS AND UTILITIES: The Owner agrees to permit and maintain free access to the pool site and,
prior to March 151h of each year, provide three (3) sets of keys to Company to all locks required to operate the pool.
Company shall keep and safeguard keys and release keys only to authorized personnel. NOTE: If Owner changes
lock at pool site, three (3) sets of keys should be supplied to Company within three (3) working days.
Owner further agrees to furnish without cost to Company:
1. Water
2. Electricity
3. 110 volt electrical outlet in pump room
4. Receptacles for trash
5. Garbage pick-up service
6. Original first aid kit, each year, and any other first aid supplies.
7. Telephone (If telephone is ever out of service pool shall be closed until repair is complete.)
8. Lifeguard stand and umbrella for lifeguard stand.
9. Equipment to operate pool required by local county health codes. I.e. ring buoys, rescue tubes,
test kit, chemical feed pumps, etc.
10. Provide a copy of any Health Department Violations Inspections/Notices upon Owners
receipt.
11. Complete written copy of pool rules.
4. TELEPHONE: The Owner agrees to be responsible for and to provide an operational touch-tone
telephone thirty (30) days prior to opening and accessible to Company's lifeguards at pool site. Consistent with
health department regulations and for safety reasons pool shall only be open when the telephone is operational.
The telephone must be capable of receiving incoming calls and be a dedicated land line. The telephone cannot be
cellular or portable since 911 dispatch cannot trace such calls.
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5. FIRST AID KIT: Owner agrees to be responsible for supplying a completely stocked first aid kit,
consistent with local health department regulations thirty (30) days prior to opening date. If first aid kit is not
provided for, each year, then Company shall have the option to provide one. Owner agrees to pay for first aid kit as
provided for in section (18) REPAIR WORK. Company will re -supply at its own expense band -aids, gauze pads,
anti -bacterial cream and rubber gloves. Company shall re -supply all other first aid items upon owners request at an
additional agreed price.
6. OPENING: Company shall make pool "ready to swim" by completing the following services, where
applicable:
1. Clean pool
2. Clean pool decking; (no landscaping) pressure washing available for an additional charge (See
section (18) REPAIR WORK)
3. Inspect chemical feed pumps
4. Inspect all filtration equipment
5. Inspect flow meters, pressure gauges, and valves
6. Mount diving boards, guard chairs, and ladders
7. Clean bathhouse
8. Inspect water -testing supplies. Each year Company shall have the option to supply an
appropriate test kit before opening day. Owner agrees to pay for said test kit if provided for by
company. (See section (18) REPAIR WORK)
9. Fold pool cover(s)
10. Order, store, and inject all necessary chemicals to establish proper levels for:
A. Free chlorine
B. Total Alkalinity
C. PH
I). Cyanuric acid
E. Calcium hardness
11. Set out and clean deck furniture. (Due to aging of furniture some stains may
not be removable, furniture repair is available upon request.)
12. Start up filtration system.
13. Perform requisite repair work as authorized and needed by Owner.
(See section (18) REPAIR WORK) Note: Company shall have the option to
install and/or replace pool items necessary to meet local code requirements.
15. Inspect all skimmers/gutters
16. Inspect vacuum system
17. Inspect return inlets
18. Inspect pump room valve system
Note: The pool must be clean and free of algae each spring for the initial start-up of Owners swim facility.
If pool is not free of algae, Owner agrees to pay additional charges for cleanup and chemical treatment of pool. (See
section (18) REPAIR WORK)
7. EARLY SWIM READY DATE: Company shall provide an "early swim ready date" to accommodate
swim team (if applicable). Owner agrees to give written notice of "early swim ready date" thirty (30) days
prior to first day. Maintenance of pool during early swim ready days before opening day shall be the responsibility
of the swim team or Owner. Company acknowledges that the owner's pool facilities will not have any "swim at
your own risk" pool time. Chemical cost for early swim ready date shall be $45 per day.
8. VANDALISM: Upon authorization from Owner, the Owner agrees to pay additional reasonable
charges for cleanup as the result of vandalism.
9. PERMITS: The Company shall assist the Owner in obtaining a swimming pool operating permit from
the local health department. Company shall have the option to pay fees associated with obtaining a pool permit, as
determined by the local health department. If Company pays said fees, then the Owner agrees to reimburse
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Company under the terms in section (26) PAYMENTS, the cost of the pool permit. The Company shall assist the
Owner regarding necessary parts and repairs required to satisfy health department requirements. These parts and
repairs shall be made in accordance with section (18) REPAIR WORK.
10. MINIMUM SAFETY STANDARDS: Owner agrees and acknowledges that it is Owner's
responsibility and duty to operate Owner's pool within the established local health department regulations and
minimum safety standards. The National Spa and Pool Institute (NSPI) "Minimum Standards for Public Pools," the
National Electric Code, and any and all local health and building codes shall be used as minimum standards for
safety herein. The NSPI "Minimum Standards for Public Pools," may be obtained from NSPI, 2111 Eisenhower
Avenue, Alexandria, VA 22314; the National Electric Code is available from the National Fire Protection
Association, Batterymarch Park, Quincy, MA 02269; and local health codes are available from the county
environmental health department.
The Company may bring the Owner's pool into compliance with minimum standards in the following areas:
1. Safety warnings signs on pool deck
2. Tile depth markings at water line and on pool deck
3. Safety equipment: ring buoy(s), rescue tube(s), shepherd hook(s), first aid kit, safety rope with
buoys.
4. GFI circuit breakers for underwater pool lights.
Payment for work and equipment to bring Owner's pool within minimum standards on the above items shall be the
responsibility of the Owner. In accordance with section (26) PAYMENTS.
Note: Company shall have the right to cancel this Agreement, if Owner elects not to have pool brought up
to minimum safety standards as defined above.
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 29, 2004
May 20, 2005 through August 28, 2005
May 19, 2006 through August 27, 2006
HOURS OF OPERATION:
Pool Hours: Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
1:00 p.m.-6:00 p.m.
1:00 p.m.-6:00 p.m.
CLOSED
1:00 p.m.-6:00 p.m.
1:00 p.m.-6:00 p.m.
1:00 p.m.-6:00 p.m.
1:00 p.m.-6:00 p.m.
7:00 p.m.-9:00 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.
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12. PERSONNEL: Company personnel who shall work at the Owner's pool in fulfilling the terms of this
Agreement, including all lifeguards, shall be employed solely by the company and be employees of the Company.
duties:
l . The Company shall employ at its expense a sufficient number of personnel to perform
Company's responsibilities hereunder. Company shall have sole and complete authority for
recruiting, hiring, training, promoting, supervising, compensating and disciplining such
personnel and for establishing the terms and conditions of their employment. Such personnel
shall be under the Company's exclusive direction and control.
2. The Company agrees to pay the following for Company employees, including lifeguards:
a. wages d. state unemployment insurance
b. income tax withholdings e. federal unemployment insurance
c. social security withholdings f. workmen's compensation insurance
3. The Company shall train personnel. Lifeguards not performing up to the standards of the
Owner will be replaced by the Company within 48 hours of receipt of written request by
Owner or designated representative.
4. Personnel employed by the Company shall have proper credentials required by the local Health
Department.
5. Personnel employed by the Company shall be required to go through the Company's orientation
training, onsite training, and a post Memorial Day Lifeguard training review test.
6. Personnel shall be required to be trained in the area of blood borne pathogen and provided a
blood borne pathogen exposure control kit. (This is an OSHA requirement).
7. Lifeguards shall have the authority to discipline swimmers and any and all other persons within
the pool facility, within their best judgment and sole discretion consistent with the published
and posted rules of the Owner and minimum safety standards as established herein.
8. Company's full time management staff shall train personnel on independent mechanical
operation of Owner's facility.
9. Company's full time management staff shall supervise personnel. Company supervisors shall
be required to inspect the Owner's facilities no less than two (2) times each week to check
performance of personnel.
10. Whereas, Company will invest substantial resources to train and convey information
concerning operational techniques and management procedures to its employees at Owner's
facility. Owner acknowledges that such information and investment is a valuable asset of
Company's business. Owner agrees not to hire or contract (without the prior written consent of
Company) any employee or former employee of the Company directly or indirectly to work at,
service, or be connected in any way with the pool named herein for a period of one (1) year
from the date of expiration or cancellation of this agreement. Owner further agrees not to
contract for swimming pool maintenance or services as described herein with any other
company or individual who makes use of former USA Pools employees to work at, service, or
be connected in any way at the pool named herein for a period of one (1) year from the date of
expiration or cancellation of this agreement.
13. PERSONNEL RESPONSIBILITIES: Personnel shall be required to be responsible for the following
1. Contacting of Owner's representative before pool opening for instruction on Owner's rules
and regulations.
2. Lifeguarding main pool. Parent(s) should supervise wading pool.
3. Checking water chemistry and record readings.
4. Maintaining chlorine and pH balance of pool water.
5. Cleaning tiles around pool edge according to companies cleaning schedule.
6. Back washing filtration system as needed.
7. Cleaning pump system hair and lint strainer basket(s).
8. Cleaning trash in swimming pool area.
9. Vacuuming pool according to companies cleaning schedule.
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10. Emptying trash receptacles.
11. Straightening deck furniture.
12. Replenishing janitorial supplies in bathhouse.
13. Enforcing Owner and Company's rules for the safety and convenience of Owner's meribers.
14. Assisting Owner in monitoring membership. (Keeping in mind lifeguarding the pool
and safety is their first priority).
15. Report medical or disciplinary action to the Company (copies of reports available to
Owner upon written request).
16. Lock and secure facility upon closing. In cases where members may swim when guard is not
on duty the guard agrees to announce their departure and secure the facility.
17. Guard agrees to demonstrate safety rescue procedures.
18. Owner agrees to report and document any action that may jeopardize the spirit and content of
this agreement to company's corporate office.
14. RAIN DAY: On rain days the Company shall keep one (1) lifeguard at the pool until 5:00 p.m. At
5:00 p.m., if the weather is still unsuitable for swimming, the pool shall be closed for the remainder of the day. In
the event of severe weather, Company shall have the right to close the pool with no refund due the Owner.
15. WATER QUALITY: Company shall be responsible for maintaining the condition of the swimming
pool water within the tolerances of the American Public Health Association and the local health department while
pool is open to swimmers.
1. Free chlorine 4. Calcium Hardness
2. PH 5. Cyanuric Acid
3. Total Alkalinity
If, in the discretion of the Company, it is determined that the water quality is insufficient to properly
operate the pool, the Company shall have the right to close the pool for such period of time as shall be necessary to
correct the water quality. This shall not require any change or adjustment in any provisions of this agreement.
Emergency Closing of pool: The Owner and/or the Company may close the pool in an emergency
situation, whether the emergency is caused by a breakdown of equipment, any act of God, repairs, or by any other
causes outside the control of Company. This shall not require any change or adjustment in any provisions of this
agreement. Should a time lapse of more than five (5) days be necessary to perform repairs and/or restore pool to
normal operation Company shall refund fifty percent (50%) of the daily operational cost to Owner until such time as
the pool is reopened for normal operation.
Any work or items performed or supplied by Company shall be subject to the conditions in the (18)
REPAIR WORK provision of this Agreement.
16. CHEMICALS AND SUPPLIES: Company agrees to supply and inventory, at its expense:
1. The following chemicals for safe and clean pool water shall be provided throughout the
summer. Copper algaecide is extra and is used when necessary for stubborn algae.
chlorine diatomaceous earth
calcium chloride soda ash
sodium bicarb pool acid
stabilizer
2. The following bathhouse supplies for light cleaning and disinfecting services. Heavy usage
Owners may want to supplement Company's cleaning with a maid service.
soap deodorizers
disinfectant toilet tissue
paper towels trash can liners for pool
2
The following cleaning supplies:
mops toilet bowl brush
brooms scrubbies
buckets sponges
4. Normal incandescent light bulbs for the bathrooms, pump room, and lifeguard room. The
Owner agrees to be responsible for replacing all other light bulbs.
5. Owner agrees to be responsible for providing, with no cost to Company, the following
items/equipment:
water hoses algae brushes chemical drums
pool vacuum heads leaf net first aid kit
pool poles shepherd hook water test kit
pool vacuum hoses pool rules sign 2 chemical feed pumps
ring buoys trash receptacles gas and blower
rescue tubes safety rope and buoys flow meters & pressure gauges
(Note: If owner requests any specific type of supply, the company shall accommodate owner's request to
the best of its ability. Additional charges may apply.)
17. REPAIR WORK: The Company shall stand ready to perform any repair work needed during the term
of this agreement. It is understood that repair work is an independent covenant of this contract and notwithstanding
any alleged breach of any other covenant. Owner shall authorize work in a timely matter. Owner shall have the
option of using another contractor for repair work. Work performed by Company shall be billed as follows:
1. Company shall perform minor repairs to the pool and recirculation system as part of the service
provided; however, the Owner agrees to pay for parts and/or materials.
2. Repairs required, due to the direct result of error by Company, shall be paid by the Company
with no cost to the Owner.
3. Any work or equipment in excess of $75.00 to be provided by Company or Company's Sub
Contractors shall be undertaken only upon authorization by the designated representative of
Owner. Upon authorization, Company shall perform work and invoice Owner. Owner agrees
to pay repair bills and invoices in accordance with section (26) PAYMENTS.
4. Repair work wherein the cost does not exceed $75.00, Company shall invoice Owner. Owner
agrees to pay repair bills and invoices in accordance with section (26) PAYMENTS.
5. For necessary items/parts not exceeding $75.00 per item/part, Company shall invoice Owner.
Owner agrees to pay for items/parts in accordance with section (26) PAYMENTS.
6. The Company shall arrange for repair of plumbing or electrical equipment at the Owner's
request. The cost of such repairs, plus twenty percent (20%), shall be invoiced to Owner by
the Company. Owner agrees to pay invoice in accordance with section (26) PAYMENTS.
7. The Company shall assist the Owner with regards to any necessary major repairs.
18. INSTRUCTIONS/ COACHES: Company shall provide swimming instruction for Owner's
members. Company shall have rights to swimming lessons at Owner's pool during the term of this agreement.
Group lessons shall be available on the basis of eight (8) classes of thirty (30) minutes each (a "session").
No more than eight (8) students may be enrolled in a class. A minimum of five (5) students must be enrolled to
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form a class prior to its commencement.
Private and Semi -private (two (2) students) lessons shall be available on a half-hour basis; three (3) lesson
minimum required.
Company shall be entitled to all fees paid. Payment of fees shall be solely the responsibility of the
individuals taking lessons.
COACHES: At the Owner's request, the Company shall assist the Owner in locating and hiring swimming
coach (es) and/or diving coach (es). Unless noted otherwise in an attached Supplement to this Agreement, cost of
any coaches shall be bome by the Owner, plus ten percent (10%), in accordance with section (26) PAYMENTS.
19. ADDITIONAL LIFEGUARDS: The Company agrees to schedule lifeguards for extra hours of
operation at the written request of the Owner and subject to the following:
1. Whereas the Company shall schedule lifeguards for extra hours of operation, the Owner agrees to
be responsible for giving the Company no less than seven (7) days of prior written notice.
Additional guard hours are subject to the availability of lifeguards.
2. The Company shall not schedule any lifeguards beyond the hour of 11:00 p.m.
3. Lifeguards scheduled by the Company, other than those specified in this contract, shall be at the
rate of $18.50 per lifeguard hour. Amount shall be payable to the Company with the seven (7)
day prior written notice. This cost is in addition to the fees as provided hereinafter.
20. INSURANCE/LIABILITY: The company shall maintain the following coverage:
1) Worker's Compensation insurance covering all persons engaged on behalf of the Company in the
performance of the terms of this agreement.
2) General liability insurance in the amount of $5,000,000.00
3) Professional liability insurance and punitive damages on the lifeguards in the amount of
$5,000,000.00
Upon written request by Owner, Company agrees to supply copies of certificates of insurance to the Owner
verifying the above -mentioned insurance coverage. Company further agrees to list Owner as an additionally insured
on policy for a fee of $200 payable in accordance with section (26) PAYMENTS. It is the responsibility of the
Owner to provide all other insurance coverage.
The Owner agrees to maintain and keep in full force and affect the following coverage:
1. Premises liability insurance.
2. Comprehensive general liability insurance in the amount of $1,000,000.00 each accident/each
person.
Owner agrees to provide Company with proof of insurance in the form of Certificates of insurance verifying the
above -mentioned insurance coverage.
21. MISCELLANEOUS:
1. Owner agrees to allow Company to display a sign on the pool premises.
2. Owner agrees to communicate any comments, suggestions, or complaints concerning the
pool, pool staff, or management service directly to the Company's corporate office.
3. The Company shall not be liable for pool and damages caused by hydrostatic lifting or faulty
construction.
4. To comply with national, state and local codes and recommendations, the Company shall
immediately close and treat Owners pool in the event that fecal matter, vomit, or blood should
contaminate the pool. Company shall take appropriate steps to clean and disinfect pool.
5. If there is a change in local, state or federal laws concerning minimum wage, or concerning
any other cost aspect relating to this proposal, the Company may present a new contract
amount or additional charges to Owner, who shall have thirty (30) days to accept or reject the
new amount. If the Owner does not accept the new amount, this contract is void at the
Company's option.
6. Company reserves the right to close pool if air temperature is 69 degrees or lower with no
refund due to Owner.
22. PRE/POST WALK THROUGH: At the Owner's written request the Company shall join the Owner
in a complete inspection of the Owner's facility. It is the intention of the Company to provide the Owner with a
detailed and specific account of the condition, and long term as well as short term needs of the pool. Upon
inspection, the Company shall provide a written report sent to the Owner. At the Owners request, Company shall
perform any repairs listed in the report, in accordance with section (18) REPAIR WORK.
23. EXTENSION OF OPERATION: At the option of the Owner, the Company shall schedule and
maintain the pool and provide all necessary services to allow swimming before or after the dates in section (11)
POOL OPERATION. The Owner agrees to notify Company in writing thirty (30) days prior to the "extension of
operation". The cost for "extension of operation" not covered by this agreement shall be $45.00 for each day
(including days the pool is closed) from the first day of the extension through the final day that the pool is open for
swimming, plus $18.50 per lifeguard hour. An additional four (4) hour per week shall be added for pre and post
operational maintenance hours. Amount shall be payable to the Company with the thirty (30) day written notice.
This cost is in. addition to the fees as provided hereinafter.
24. CLOSING: Unless the Owner elects section (24) EXTENSION OF OPERATION, the pool shall be
considered closed to swimmers on August 30, 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.
25. PAYMENTS: The Company hereby proposes to perform the work and services set forth above for the
price of $119,580.00 per swim year, upon specification, conditions and terms as set forth herein. Payments by
Owner to Company shall be made in accordance with the following schedule:
(1) Five percent (5%) upon execution of this Agreement or the annual
renewal date of this Agreement, in the event of renewal. $ 5,979.00
(2) Five percent (5%) on or before December 1 of each year. $ 5,979.00
(3) Five percent (5%) on or before February 1 of each year. $ 5,979.00
(4) Ten percent (10%) on or before April 1 of each year. $ 11,958.00
(5) Thirty percent (30%) on or before June 1 of each year. $ 35,874.00
(6) Thirty percent (30%) on or before July 1 of each year. $ 35,874.00
(7) Fifteen percent (15%) on or before August 1 of each year. $ 17,937.00
Total $ 119,580.00
Contract Payments are due as indicated above. Any contract payment not made within five (5) days of the
dates listed above shall be subject to a delinquent payment of five percent (5%) of the amount due or any portion
thereof. In the event contract payment are not received within (10) days of the dates listed above, the Company
shall have the right, at it's option, and within its sole discretion, to interrupt or terminate its services under this
Agreement and to withdraw and remove all personnel and supplies from Owner's pool facilities without any finther
or additional notice to Owner. Any and all other Payments, including, but not limited to, payments for repairs, parts,
equipment, or labor, not made on or before ten (10) days from the due date shall be subject to a delinquent payment
of five percent (5%) of the amount due or any portion thereof. In the event payments are not received fifteen (15)
days from the due date, the Company shall have the right, at it's option, and within its sole discretion, to interrupt or
terminate its services under this Agreement and to withdraw and remove all personnel and any unpaid for parts,
equipment, and/or supplies from Owner's pool facilities without any further or additional notice to Owner. Any
such interruption or termination notwithstanding, Owner shall be fully responsible for all payments provided herein.
In the event that Company is required to collect payment at Owner's establishment, Owner agrees to pay an amount
not to exceed $100.00 for courier services.
In the event that the Company elects to pursue collection of any amounts due under this Agreement, Owner
shall pay all said amounts, together with the interest at the rate of 18% per annum from the date the same became
due, together with any and all cost of collection, including and together with any and all reasonable litigation
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,vuL-1' V-VI-f-r
expenses, including reasonable attorneys fees.
26. CANCELLATION: The Owner shall have the right to cancel this Agreement based on Company's
non-performance of duties and responsibilities as follows:
(1) Owner shall notify corporate office (1073 Green Street Roswell, GA 30075) by certified mail and
by phone of any problem regarding performance as detailed in the Agreement. Company shall
have five (5) business days following receipt of certified notification to remedy stated violation of
agreement. (the "Remedy Period")
(2) If Company fails to remedy the violation within the "Remedy Period" as detailed in this
Agreement; Owner may then cancel this Agreement by providing Company written notice of
cancellation via certified mail, within ten (10) days of the end of the remedy period. This
Agreement shall then terminate five (5) days after the receipt thereof by the Company. (the
"Termination Date")
(3) In the event that the Owner terminates agreement by procedure stated above, the Owner shall be
entitled to a refund for monies paid in advance. Refund to Owner shall be calculated as follows:
Divide the contract price by the total number of days of operation (the
first day of the contracted swim season to the last day of the contracted
swim season as determined in section 1 of this Agreement). This daily
operation cost shall be multiplied by the number of days pool was
operated under this Agreement. That amount shall be subtracted from
the amount of the contract price paid to the Company by Owner as of
the termination date. Company shall refund fifty percent (50%) of the
remaining amount paid to the Company by Owner as of the termination
date.
(4) Refund shall be paid within fourteen (14) business days after termination.
27. OWNER CONTACT PERSON: Please direct all Company communications to the following Owner/
Representative:
Name:
Victor Kilman
Street:
1625 13'' Street, Room 1-04
City:
Lubbock
State:
Texas
Zip:
79401
Tel:
806.775.2167
Fax:
806.775.2164
28. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas.
29. ENTIRE AGREEMENT MODIFICATION BINDING EFFECT: This Agreement constitutes the
entire agreement of the parties and supercedes any prior agreements, understandings or negotiations, written or oral.
This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement
shall be binding to ensure the benefit of the Owner and Company and so their respective heirs, successors and
assigns.
30. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application
of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the
11
fullest extent permitted by law.
31. NONWAIVER: Owner and Company agree that no failure to exercise and no delay in exercising any
right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right,
power, or privilege under this Agreement.
32. ACCEPTANCE: Acceptance of this Agreement by Owner through signatures below, and return of
this Agreement along with any payments due hereunder will constitute a contract entered into in accordance with the
specifications, terms and conditions and addenda attached hereto.
USA POOLS, INC.
INC.
ATTEST:
APPROVED AS TO C
APPROVED AS TO
Sims,/A,gBrant City Attorney
City of L
LE
Date: Maich 23 2004
By: Marc McDougal, Mayor
Officer
,or
12
Where The S* Almys Shines
Addendum #1
Resolution No. 2004—RO144
Professiona(Pool
Management
Service • Safety • Supplies
1. Relationship of Parties The relationship between the City and Company
is at all times solely that of contractors, and may not be deemed, in
any event, a partnership or a joint venture.
2. Section 19. Additional Lifeguards:
Lifeguards scheduled by the Company for Private Pool Rentals shall
be at the rate of $12.00 per lifeguard hour. Any additional lifeguard hours scheduled
beyond that of the agreed upon hours of operation shall be billed at the prevailing
rate of $18.50 per lifeguard hour.
USA ool
Signature
0
Date
ATTEST:
6011eel AJ)rAAJ-/Z'
Rebecca Garza, CiYy Sec tar
:City of Lubbock
hori agent for City of Lubbock
Marc McDougal, Mayor
March 23, 2004
Date
APPROVED AS TO C TENT:
�AJ
I `
Corbin Pemberton, Parks and Recreation Director
APPROVED AS TO FORM:
Amy S' s, ssistant City Attorney
MEMBER
1073 Green Street • Roswell, Georgia 30075-3608 ,Lfv"�ll
Phone: (770) 248-1USA (1872) • Fax: (678) 352-OUSA (0872)
IATION SPNT6 POOL
www.usapools.com INBTIME