HomeMy WebLinkAboutPR 22432: BID AWARDED TO S 7 S INVESTIGATIONS & SECURITY, INC. EDC (_____,
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PoR1ARTI-IUR ONOMIC DEVELOPMENT CORPORATION
MEMORANDUM
Date: March 22, 2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Jessica Carpenter, PAEDC CEO
RE: A resolution approving the award of a bid by the City of Port Arthur Section 4A
Economic Development Corporation to S&S Investigations & Security, Inc., of
Groves, Texas, for security guard services to serve the spur 93 Business Park, in the
annual not to exceed amount of$96,822.00. Funding available in EDC account no.
120-80-625-5479-00-00-000
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the PAEDC to award and
enter into a Security Guard Services Agreement for the security of the Spur 93 Business Park.
Background:
The City of Port Arthur issued a Request for Competitive Sealed Proposals for Security Guard
Services for the Spur 93 Business Park. Seven(7)proposals were received by the City's Purchasing
Department and a Bid Tabulation was provided to the PAEDC.
Recommendation:
It is recommended that the Council authorize the PAEDC to enter into a Security Guard Services
Agreement with S&S Investigations&Security, Inc. for the security of the Spur 93 Business Park
as they are the lowest bidder and have historically provided satisfactory service for the PAEDC.
Budget Impact:
$96,822.00
P.R. No. 22432
3/14/2022 KVM
RESOLUTION NO.
A RESOLUTION APPROVING THE AWARD OF A BID BY
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO S&S
INVESTIGATIONS & SECURITY, INC., OF GROVES,
TEXAS, FOR SECURITY GUARD SERVICES TO SERVE
THE SPUR 93 BUSINESS PARK, IN THE ANNUAL NOT TO
EXCEED AMOUNT OF $96,822.00 AND AUTHORIZING
THE PAEDC TO EXECUTE THE AGREEMENT. FUNDING
AVAILABLE 1N EDC ACCOUNT NO. 120-80-625-5479-00-00-
000
WHEREAS, the City of Port Arthur's Purchasing Department received seven (7) sealed
bids for security guard services to serve the Spur 93 Business Park("Business Park"); and
WHEREAS, the lowest bid was presented by S&S Investigations & Security, Inc. of
Groves, Texas ("S&S") in the amount of$16.50 per hour ($90,882.00 annually) and $24.75 per
hour($5,940.00) holiday pay for security guard services; and
WHEREAS, at their Regular Board Meeting of March 7, 2022, the Port Arthur Economic
Development Corporation("PAEDC")Board of Directors approved the award of a bid for security
guard services patrolling with a vehicle to serve the Business Park to S&S in an amount not to
exceed $96,822.00 as denoted in the Bid Sheet attached hereto as Exhibit"A"; and
WHEREAS, S&S will adhere to the specifications contained in the Security Guard
Services Agreement (the"Agreement") attached hereto as Exhibit"B"; and
WHEREAS,the contract is for one (1) year from the date of execution,with the option to
renew for two (2) additional one year periods as stated in the terms of the Agreement; and
WHEREAS, the City Council of the City of Port Arthur hereby recommends that the
PAEDC award the bid for security guard services to S&S on the basis of their bid amount and
authorizes the PAEDC to enter into a contract with S&S Investigations.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes the PAEDC to award a bid to S&S
Investigations & Security, Inc. of Groves, Texas, for security guard services patrolling with a
vehicle to serve the PAEDC Spur 93 Business Park in an amount not to exceed $96,822.00 as
denoted in Exhibit"A".
Section 3. That the PAEDC is authorized to enter into a contract with S&S Investigations
& Security, Inc. of Groves,Texas for security guard services patrolling with a vehicle to serve the
PAEDC Spur 93 Business Park, in the annual not to exceed amount of$96,822.00,in substantially
the same form as attached hereto as Exhibit"B".
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2022,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
#1248131 Paget
NOES:
Thurman Bartie,Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Cc c4, /A A it. A .41.6.
Jki}sica Carpenter, PA D.I C CEO
APPROVED AS TO FORM:
M~'
rank arz EDC Attorney
APPROVED AS TO FORM:
Valecia R.Tizeno,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel, I terim Finance Director
N1248131 Page 3
EXHIBIT "A"
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EXHIBIT " B "
SECURITY GUARD SERVICES FOR SPUR 93 BUSINESS PARK
This Security Guard Services Agreement (the "Agreement") is made this day of
, 2022, by and between the City of Port Arthur Section 4A Economic
Development Corporation (the "PAEDC"), a development corporation organized and existing
under Chapters 501 and 504 Local Government Code (the "Development Act") and S & S
Investigations and Security (the "Contractor").
WHEREAS, the City of Port Arthur issued a Request for Competitive Sealed Proposals for
Security Guard Services and after review of the Responses, the PAEDC Board of Directors has
selected S & S Investigation and Security as the Contractor to provide Security Guard Services
for at the Spur 93 Business Park;
NOW,THEREFORE, for and in consideration of the payment terms, conditions and agreements
set forth herein, PAEDC and Contractor agree as follows:
1. Scope of Services: The purpose is to contract with CONTRACTOR to provide
security guard services the Spur 93 Business Park starting on (month) (day), 2022
("Commencement Date"). The objective is to maintain a professional security presence
and response for the protection and well-being of employees, customers, visitors, assets
of the facility. The CONTRACTOR agrees to perform all the work described in the
Specifications of the Contract Documents and to comply with the terms therein on an
hourly basis patrolling in either a vehicle or street legal golf cart as directed by PAEDC.
CONTRACTOR will use its best efforts to perform the services described in this Contract in
a cost efficient, timely and high quality manner.
2. Term: The term of this Agreement shall be for one(1) year from the date stated
on the Notice to Proceed, with the option to renew for two (2) additional, one (1) year
periods, unless sooner terminated under the provisions hereof.
3. During the term of this Contract, the CONTRACTOR will furnish at his own expense
all of the materials, supplies, tools, equipment, labor and other services necessary to
connection therewith, excepting those supplies specifically not required of CONTRACTOR
in the Specifications set forth in the Contract Documents.
4. Compensation: PAEDC will pay CONTRACTOR for the security services described
in this Contract. CONTRACTOR assumes full responsibility for the payment of all federal
and state taxes of whatever sort, Social Security and unemployment compensation taxes,
withholding taxes, and all other taxes or charges applicable to CONTRACTOR's actions,
employees, facilities, and materials utilized in performing services hereunder. Annual
contract amount shall not exceed NINETY SIX THOUSAND EIGHT HUNDRED AND
TWENTY-TWO DOLLARS ($96,822.00).
5. Standard of Care: The CONTRACTOR warrants and represents that it has the
capability, experience, available personnel, and means required to perform the services
contemplated by this Agreement. Service will be performed using personnel and
equipment qualified and/or suitable to perform the work requested by PAEDC. PAEDC
retains the right to report to CONTRACTOR any unsatisfactory performance of
CONTRACTOR personnel for appropriate corrective action. PAEDC also reserves the right
to approve or disapprove any selected security staff placed at PAEDC facilities under this
contract. Security personnel refers to all persons working in any manner under the terms
of this Agreement. CONTRACTOR shall require its employees to comply with all applicable
federal, state, and local health and safety laws and regulations in connection with any and
all work performed hereunder. Any safety equipment required to perform the work shall
be provided by CONTRACTOR to its employees.
6. The term "Contract Documents" means and includes the following:
a. Agreement
b. Invitation to Bid
c. General Information
d. Specification for Security Guard Services
e. Bid Sheet
f. Notice to Proceed
7. Insurance: CONTRACTOR agrees to maintain Worker's Compensation and Employers'
Liability Insurance, Commercial General Liability, Comprehensive Business Automobile
Liability, and professional liability policy with a minimum limit of$1,000,000. PAEDC and its
officials and employees must be added to the insurance policies except for Worker's
Compensation.
8. Indemnification: CONTRACTOR covenants and agrees to FULLY INDEMNIFY AND
HOLD HARMLESS, the PAEDC and the BOARD OF DIRECTORS, employees, officers,
Agents and representatives of the PAEDC, individually or collectively, from and
against any and all costs, claims, liens, damages, losses, expenses, fees, fines,
penalties, proceedings,actions,demands, causes of action,liability and suits of any
kind and nature, including but not limited to, personal or bodily injury, death and
property damage, made upon the PAEDC directly or indirectly arising out of,
resulting from or related to CONTRACTOR's activities under this CONTRACT,
including any acts or omissions of CONTRACTOR, any agent, officer, director,
representative, employee, or consultant of Security Provider, and their respective
officers, agents, employees, directors and representatives while in the exercise of
performance of the rights or duties under this CONTRACT, all without however,
waiving any governmental immunity available to the PAEDC under Texas Law and
without waiving any defenses of the parties under Texas Law.
The provisions of this INDEMNITY are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any
other person or entity. CONTRACTOR will promptly advise the PAEDC, as well will
PAEDC advise CONTRACTOR in writing of any claim or demand against the PAEDC
or CONTRACTOR known to CONTRACTOR or PAEDC related to or arising out of
CONTRACTOR's activities under this CONTRACT.
9. Termination: The PAEDC can terminate this contract at its convenience, which
includes, but is not limited to, funding not being available in any budget cycle within fifteen (15)
days written notice. CONTRACTOR can terminate this contract at its convenience by providing
PAEDC with sixty (60) days written notice.
10. Miscellaneous:
a. The invalidity or unenforceability of any provision of this Contract shall not
affect the validity or enforceability of any other provision of this Contract.
b. The PAEDC may, from time to time, request changes in the Scope of the
Services of Security Provider to be performed hereunder. The scope of work
may be increased or decreased at the sole discretion of PAEDC by issuing a
written amendment to the scope of work to the CONTRACTOR. Such changes,
including any increase or decrease in the amount of CONTRACTOR's
compensation, or time for performance, which are requested by PAEDC, shall
be accepted by the CONTRACTOR within five (5) business days unless
CONTRACTOR notifies PAEDC of its unwillingness to accept the proposed
change. If change is accepted, it shall be incorporated in written amendments
to this Contract.
c. This Contract is governed by the laws of the State of Texas and all obligations
of the parties under this Contract are performable in Jefferson County, Texas.
d. CONTRACTOR shall not assign, sublet, subcontract or transfer its interest or
any portion of its interest in this Contract without the written consent of
PAEDC and approval its Board of Directors.
e. CONTRACTOR covenants and agrees that it is an independent contractor and
not an officer, agent, servant or employee of the PAEDC; that CONTRACTOR in
conjunction with PAEDC shall have control the details of the work performed
under the terms of this Contract;that the doctrine of respondent superior shall
not apply as between the PAEDC and CONTRACTOR, and nothing herein shall
be construed as creating the relationship of employer-employee, principal-
agent, partners or joint ventures between the PAEDC and CONTRACTOR. The
parties hereto understand and agree that the CONTRACTOR has no authority
to bind the PAEDC.
f. In the event of default by a party herein, the other party shall have all rights
and remedies afforded to it at law or in equity to recover damages and
interpret, or enforce, the terms of the Contract. The exercise of any one right
or remedy shall be without prejudice to the enforcement of any other right or
remedy allowed at law or in equity.
g. In the event a dispute arises between the parties to this Contract, then as a
condition precedent to any legal action by either party, the parties shall first
refer the dispute to upper management for good faith negotiations for ten (10)
calendar days, and if not resolved, then the parties agree to participate in at
least one session of Mediation, as needed, in an effort to resolve the dispute.
The parties agree to split the mediator's fees equally, but each party shall bear
their own legal fees for the Mediation.
h. This Contract shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
10. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, duplicate copies of the Contract each of which shall be deemed
an original on the first above written.
[Signature page to Follow]
Signed on the day of , 2022.
City of Port Arthur Section 4A
Economic Development Corporation
Jerry LaBove, President
ATTEST:
Beverly Raymond, Secretary
Signed on the day of , 2022.
S&S INVESTIGATIONS AND SECURITY
By:
Print Name:
Title: