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HomeMy WebLinkAboutPR 23704: THE 2ND AND FINAL RENEWAL WITH S&S INVESTIGATIONS AND SECURITY, INC. -,. j)( RT* T i i.U .40.0414 a&'Yiwr i T c:.oIP Roaitt INTEROFFICE MEMORANDUAM Date: April 23, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Teny Stokes, PAEDC Chief Executive Officer RE: PR 23704 IThe second and final renewal of the agreement with S&S Investigations and Security, Inc. of Groves, Texas for Security Guard Services at the Spur 93 Business Park. The intent of this Agenda Item is to seek City Council of Port Arthur approval of the second and final renewal of the agreement with S&S Investigations and Security, Inc. of Groves, Texas for Security Guard Services at the Spur 93 Business Park. Background: S&S Investigation and Security has provided security guard services at the Spur 93 Business in an acceptable manner. Pursuant to Resolution 22-150, the contractor was awarded the bid for Security Guard Services at the Spur 93 Business Park. This agreement began April 27, 2022, for a one-year period with the option to renew for two additional one-year periods. This request is to renew for the third year(final renewal). Budgetary Impact: The budgetary impact of this item is an annual cost not to exceed $96,822.00, funding available in EDC Account No. 120-80-625-5479-00-00-000. Recommendation: It is recommended that the City Council of the City of Port Arthur authorize the Port Arthur EDC to renew the agreement with S&S Investigations and Security, Inc. of Groves, Texas for Security Guard Services at the Spur 93 Business Park in an amount not to exceed $96,822.00. PR.No.23704 4/23/2024 JMC RESOLUTION NO. A RESOLUTION APPROVING THE THIRD YEAR(FINAL RENEWAL) OF AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND S&S INVESTIGATIONS & SECURITY, INC. OF GROVES, TEXAS FOR SECURITY GUARD SERVICES TO SERVE THE SPUR 93 BUSINESS PARK FOR AN AMOUNT NOT TO EXCEED $96,822.00; FUNDING AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5479-00-00-000 WHEREAS, per Resolution 22-150, the City Council of the City of Port Arthur approved the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") entering into a Security Guard Services Agreement(the"Agreement")with S&S Investigations & Security, Inc. of Groves, Texas ("S&S") for security guard services at the Spur 93 Business Park in the amount of$16.50 per hour ($90,822.00 annually) and $24.75 per hour ($5,940.00) holiday pay for security guard services; and WHEREAS, the Agreement was approved for a 1-year period from the date of execution with the option to renew for two (2) additional 1-year periods; and WHEREAS,the PAEDC Board of Directors at their regular Board meeting of April 22, 2024, approved the second and final renewal of the Agreement with S&S for an additional 1- year period; and WHEREAS,the City Council hereby recommends that PAEDC renew the Agreement with S&S for an additional 1-year period. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That PAEDC is authorized to renew the Agreement with S&S for security guard services patrolling with a vehicle in PAEDC Spur 93 Business Park,attached as Exhibit "A". Section 3. 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., 2024,at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Thurman Bartie, Mayor ATTEST: Sherri Bellard,City Secretary APPROVED: Terry Stokes, PAEDC CEO APPROVED AS TO FORM: Charles E. Zech, PAEDC Attorney APPROVED AS TO FORM: 'V Ja e M. Black,Interim City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: 4Lyn Boswell, Director of Finance Exhibit "A" SECURITY GUARD SERVICES FOR SPUR 93 BUSINESS PARK This Security Guard Services Agreement (the "Agreement") is made this day of , 2024 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 , 2024, ("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: This is the second and final renewal,third year of the original contract. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, 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 , 2024. City of Port Arthur Section 4A Economic Development Corporation Darrell Anderson, President ATTEST: Kaala Jacobs, Secretary Signed on the day of , 2024. S&S INVESTIGATIONS AND SECURITY By: Print Name: Title: