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HomeMy WebLinkAboutPR 18710: EDC, TEMPORARY SECURITY GUARD, ALLIED BARTON SECURITY SERVICES LLS Interoffice MEMORANDUM To: Mayor, City Council, Acting City Manager From: Floyd Batiste, CEO --17-0 Date: November 4, 2014 Subject: P. R. No. 18710; Council Meeting on November 11, 2014 A RESOLUTION APPROVING THE CITY OF PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A TEMPORTARY SECURITY GUARD AGREEMENT WITH ALLIED BARTON SECURITY SERVICES UNTIL A NEW RFP PROCESS FOR SECURITY SERVICES IS COMPLETED. P.R. No. 18710 11/4/2014 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A TEMPORARY SECURITY GUARD AGREEMENT WITH ALLIED BARTON SECURITY SERVICES LLC OF CONSHOHOCKEN, PENNSYLVANIA, UNTIL A NEW REQUEST FOR PROPOSAL PROCESS FOR SECURITY SERVICES IS COMPLETED, IN THE NOT-TO-EXCEED AMOUNT OF $30,000.00. FUNDS AVAILABLE IN ACCOUNT NO. 120-1429-582.59-02 WHEREAS, on November 3, 2014, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") Board of Directors voted to terminate the contract for security services with Vets Securing America for breach of contract based on non-performance; and WHEREAS, on November 3, 2014, the PAEDC Board of Directors voted to enter into a temporary security guard service agreement with Allied Barton Security Services LLC of Conshohocken, PA, in an amount not-to-exceed $30,000.00, as shown in Exhibit"A"; and WHEREAS, on November 11, 2014, the City Council approved terminating the contract for security services with Vets Securing America for breach of contract based on non- performance and failure to provide security services to the Spur 93 Business Park; and WHEREAS, on November 11, 2014, the City Council approved PAEDC entering into a temporary security guard service agreement with Allied Barton Security Services LLC. in an amount not-to-exceed $30,000.00, as shown in Exhibit"A"; and WHEREAS, Allied Barton Security Services LLC will provide unarmed officer(s) to provide security services to the Spur 93 Business Park Monday through Friday from 6:00 p.m. to 6:00 a.m. and from Saturday through Monday from 6:00 p.m. to 6:00 a.m.; and WHEREAS,the term of the contract will be from November 12, 2014 to January 1, 2015 or until the request for proposal process is complete and a new security guard service is procured; and WHEREAS, the billing rate will be $22.00 per hour, $30.00 per hour OT/Holiday plus a vehicle rental cost of$1,576.24 from November 12, 2014 through January 1, 2015, and Allied Barton Security Services LLC will direct bill back for fuel and pay $60.00 for a cell phone. 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 herein authorized to enter into a temporary security guard service agreement with Allied Barton Security Services LLC, in an amount not-to-exceed $30,000.00, as shown in 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., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers , NOES: . #1126663 Page 2 Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batiste, PAEDC CEO APPROV9 S TO FORM: coCs�r Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: \CI )2__, ■2/v-- Valecia R. Tizen City Attorney #1126663 Page 3 EXHIBIT "A" r TEMPORARY SECURITY OFFICER SERVICE AGREEMENT THIS AGREEMENT,made this Friday,October 24,2014 by and between AlliedBarton Security Services LLC(hereinafter"AlliedBarton"), 1771 W Diehl Rd-Suite 210,Naperville IL 60563,with its principal place of business at Eight Tower Bridge, 161 Washington Street-Suite 600, Conshohocken,PA 19428,and Port Arthur Economic Development Corporation(hereinafter"<Client>")4173 3r Street,Port Arthur,TX 77642,is for temporary security officer services for Client's location at 4173 39`"Street,Port Arthur,TX 77642.As herein and for other good and valuable consideration set forth below,the sufficiency of which is hereby acknowledged,AlliedBarton and Client agree as follows: The term of this Agreement is for one officer on beginning November 3,2014,the date of execution of a permanent agreement or on such earlier date as terminated by either party for any reason upon written notice. A. Scope of Services provides AlliedBarton with a current,valid tax exemption certificate 1. The purpose of any inspection of the premises at Client's location authorized by the appropriate taxing authority. by AlliedBarton is solely to assist Client with its loss control 2. Client agrees to pay AlliedBarton one and one-half percent(1.5 program. The safe maintenance of those premises and operations and %)per month interest or such maximum amount as permitted by law, equipment on those premises,and the avoidance of unsafe conditions whichever is less, on any invoice not paid within thirty(30)days of and practices,is the responsibility of Client. invoice date. In the event that legal action is required to collect on 2. AlliedBarton shall provide security officer services (the any past-due invoiced amount owed to AlliedBarton by Client under "Services") in the amount and for the times and rates set forth in this Agreement, Client agrees to pay to AlliedBarton the costs and Addendum "A" attached hereto and incorporated herein. attorney fees incurred by AlliedBarton in such action. AlliedBarton does not warrant or guarantee that the Services set forth D.Property in Addendum"A"constitute complete security at Client's location so 1. Client recognizes and acknowledges that in performing its duties as to prevent any incident, loss, theft, damage or injury (including under this Agreement, AlliedBarton may install and utilize death). Client agrees that AlliedBarton has not been engaged as a proprietary software(hereinafter"Proprietary Software"), a valuable, security consultant with respect to its location. AlliedBarton does special and unique asset of AlliedBarton and/or third parties. This agree to provide the Services in a professional and diligent manner. Proprietary Software is and will remain the sole and exclusive 3. Notwithstanding anything to the contrary provided herein or in property of AlliedBarton and/or those applicable third parties. any other direction (oral or written), AlliedBarton and Client agree 2. Furthermore,any other property,equipment or supplies furnished that in no event shall AlliedBarton employees be required to by AlliedBarton to its personnel in performance of the Services undertake any duty which could potentially expose themselves to described in this Agreement shall remain the property of unreasonable risk or harm. AlliedBarton and shall be returned to AlliedBarton promptly at the 13. Personnel expiration or termination of this Agreement. 1. AlliedBarton is responsible for the hiring,training and supervision E.Insurance of all security officers assigned to Client's location. Should Client 1. AlliedBarton shall maintain and provide,at its expense, Workers' direct or supervise security officers,or alter or change the direction or Compensation coverage for its security officers and personnel supervision given to the security officers at its location by assigned to Client's location at limits imposed by statute, including AlliedBarton, Client will be responsible for any damages, liabilities, Employer Liability coverage. claims or other consequences that may result. 2. AlliedBarton shall maintain for its own protection and benefit 2. Client acknowledges that AlliedBarton has spent considerable various other policies of insurance including Comprehensive General time and expense in recruiting and training its employees. As such, Liability coverage for its performance of security officer Services at Client agrees that it will not employ, as a security officer or in any Client's location,among others. related capacity,directly or indirectly,including employment through 3. Additionally, AlliedBarton shall maintain Automobile Liability a successor security contractor, any person who has been employed insurance to cover its employees' operation of AlliedBarton's owned, by AlliedBarton in a supervisory capacity and assigned to Client's leased and non-owned vehicles. However,to the extent that Client location for a period of one hundred and eighty(180) days following requires AlliedBarton officers and personnel to drive Client's the last date of that person's employment with AlliedBarton. In the vehicles in performance of the Services, Client agrees to carry event of a breach of this provision by Client, Client shall pay Automobile Liability insurance for those vehicles with bodily injury AlliedBarton the average weekly billing for such employee for four and property damage limits of One Million Dollars ($1,000,000.00) (4) months as liquidated damages together with all legal fees, costs aggregate. Such insurance will be primary for any loss or damage and disbursements arising from the breach of this provision. occurring for Client vehicles operated by AlliedBarton officers or 3. AlliedBarton shall provide uniforms for all assigned personnel. personnel in performance of the Services. AlliedBarton's personnel will not be required to carry weapons of 4. Client agrees that AlliedBarton is not an insurer of Client's any kind,unless otherwise expressly set forth herein. operations, personnel or facilities. Client assumes all risk of loss, 4. Security officers assigned to Client's location are employees of physical damage and personal injury at its operations,to its personnel AlliedBarton,which is acting as an independent contractor. and/or facilities or any other property resulting from fire, theft or C.Billing other casualty, and Client waives any right of recovery and its I. AlliedBarton will invoice Client on a weekly basis for all hours insurers' right of subrogation against AlliedBarton for any loss or scheduled for the preceding weekly period (starting on Friday and damage resulting from any such occurrence. ending the following Thursday) at the rates set forth in Addendum 5. AlliedBarton shall not be liable for any loss,damage or injury or "A"(the`Billing Rates")and any associated costs. Client shall pay other claims arising out of the performance of the Services. in full the amount of all invoices submitted to Client within thirty 6. Under no circumstances will AlliedBarton be liable to Client, or (30)days of the invoice date. AlliedBarton's fees and charges do not any other person or entity, for consequential, incidental, indirect or include any local, state, federal or foreign taxes, levies or duties of punitive damages.or for lost profits. any nature(`'Taxes"). Client is responsible for paying all Taxes in F.Miscellaneous respect of AlliedBarton's services and amounts payable by Client 1. This Agreement, including any exhibits and addenda, represents hereunder, excluding only taxes based on AlliedBarton's income. If the entire agreement and understanding of the parties concerning the AlliedBarton has the legal obligation to pay or collect Taxes for subject matter herein and replaces any and all previous agreements, which Client is responsible under this section,the appropriate amount understandings, representations, discussions or offers. No shall be promptly paid by Client to AlliedBarton unless Client modification to this Agreement shall be effective unless reduced to writing and executed by both parties. 2. A written waiver by either party of any of the terms or conditions The parties hereto, intending to be legally bound hereby, enter into of this Agreement at any time shall not be deemed or construed to be this Agreement by their duly authorized representative as of the day a waiver of such term or condition for the future or of any subsequent and year first written above. breach of the Agreement. The failure to enforce a particular provision of this Agreement shall not constitute a waiver of such provision or otherwise prejudice AlliedBarton's right to enforce such ALLIEDBARTON SECURITY SERVICES LLC provision at a later time. 3. This Agreement is entered into solely for the mutual benefit of the By: parties hereto and no benefits, rights, duties or obligations are Name:Katrina Larkin intended or created by this Agreement as to any third parties. Title: Business Development Representative 4. This Agreement and all matters collateral hereto shall be governed Date: October 24,2014 by the laws of the state wherein the Services are to be provided, without reference to its choice of law provisions. 5. If any of the terms or provisions of this Agreement are ruled to be Port Arthur Economic Development Corporation invalid or inoperative, all the remaining terms and provisions shall remain in full force and effect. By: 6. AlliedBarton shall not be responsible for additional expenses and Name: costs incurred by it to provide Services pursuant to this Agreement as Title: a result of unusual circumstances including, but not limited to, Date: strikes, riots, revolutions, wars, military actions, fires, floods, droughts, natural disasters, pandemics, snow storms, blizzards or other inclement weather, accidents, insurrections, lockouts or other acts of God, perils of the sea, stoppage of labor, or other events ADDENDUM"A" considered as "Force Majeure", or by any other unavoidable cause SCOPE OF SERVICES beyond AlliedBarton's reasonable control. All such additional AlliedBarton will provide unarmed officer(s)who will expenses shall be the responsibility of Client as an additional charge be diligent and report anything unusual or suspicious invoiced and paid by Client as it is incurred,pursuant to the terms of to management,police or both. the Billing section set forth above. Additionally, to the extent that AlliedBarton is unable to perform, or is delayed in performing, the Services set forth in this Agreement,such nonperformance or delayed Service Details: performance is not a breach of this Agreement nor cause for 11/3/14 to 12/31/14 termination of this Agreement. Monday through Thursday 6pm 6am 7. Either party may assign this Agreement to an Affiliate with no Friday to Monday 6pm to 6am change in ultimate ownership or control. "Affiliate" shall mean an entity controlling, controlled by or under common control with the Bill Rate: party. Except as permitted in this section, Client may not assign, $22.00 per hour delegate or subcontract this Agreement without the prior written $30 per hour OT/Holiday consent of AlliedBarton. Notwithstanding the foregoing,in the event rd Si Client assigns this Agreement, it shall remain liable obligations $1576.21-Vehicle rental Nov 3 through Jan 1 incurred hereunder prior to and after such assignment. Direct bill back for fuel 8. Any notice required or permitted hereunder shall be in writing and $60 for Cell phone shall be delivered either in person,by nationally recognized overnight delivery service or by certified or registered mail, postage prepaid, addressed to the parties at the address shown in the opening paragraph (or as may be directed by a party in the future by written notice). 9. AlliedBarton has received a Certificate of SAFETY Act Designation from the Department of Homeland Security, which identities AlliedBarton's physical security guard services as a Qualified Anti-terrorism Technology ("QATT"). In some cases, AlliedBarton may be utilizing QATT in performing services tinder this Agreement,either in their entirety or in combination with other, non-SAFETY Act covered services. Where this QATT has been deployed in defense against, response or recovery from an act of terrorism as that latter term is defined under the SAFETY Act (as herein defined), AlliedBarton and Client, purchaser of the QATT, agree to waive all claims against each other, including their officers, directors, agents or other representatives, arising out of the manufacture, sale, use or operation of the QATT, and further agree that each is responsible for losses, including business interruption losses, that its sustains,or for losses sustained by its own employees resulting from an activity arising out of such act of terrorism. "SAFETY Act"is defined as the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. tiff§ 441-444. as amended. The provision shall apply throughout the term of this Agreement.regardless of whether AlliedBarton should cease to have SAFETY Act coverage for these Services for any reason.