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HomeMy WebLinkAboutO-1995-2024 e e ORDINANCE NO. 95-2024 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE POLICE OFFICERS' ASSOCIATION, TO PROVIDE SECURITY SERVICES DURING RENTALS OF CITY OF LA PORTE FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 10 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 95- 2024 PAGE 2 PASSED AND APPROVED, this 20th day of March, 1995. By: CITY OF LA PORTE ~t%~~ N rman L.1-Malo e, Mayor ATTEST: ~ ~ Sue Lenes, City Secretary APPROVED: ~-W. Knox W. ASkins, City Attorney e e THE STATE OF TEXAS { { COUNTY OF HARRIS { SECURITY SERVICES AGREEMENT THIS AGREEMENT, made and entered into this the ;l~Ml day of ~ , 1995 by and between the City of La Porte, a municipal corporation, hereinafter referred to as "City", and La Porte Police Officers' Association, a Texas corporation, whose address is P.O. Box 575, La Porte, Texas 77572-0575; hereinafter referred to as "Security Agent". WITNESSETH WHEREAS, the City has contracted with Harris County to operate Sylvan Beach Pavilion, which is Harris County Property and leases the Pavilion to the general public for special events; and WHEREAS, the City operates the Evelyn Kennedy Center, the La Porte Livestock/Rodeo Arena, the Little Cedar Bayou Wave Pool, and other recreational amenities on City property and leases these facilities to the general public for special events; and WHEREAS, the City wishes to provide a safe and secure environment for the conduct of such special events as may be held at facilities operated by the City; and WHEREAS the City acts as a facilitation agent for the facility Lessee in the provision of security services for said special events conducted on City and Harris County properties controlled by the City; and WHEREAS, Security Agent has indicated its willingness to provide said security service through the use of peace officers, certified by the State of Texas. NOW THEREFORE, for and in consideration of the terms, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. City hereby grants to Security Agent the exclusive right to provide security services during all applicable special events conducted at the Sylvan Beach Pavilion, the Evelyn Kennedy Center, The La Porte Livestock/Rodeo Arena, the Little Cedar Bayou Wave Pool, and other recreational amenities on City property, with applicability as determined by the Director of Parks and Recreation or his designated representative. Page 1 of 6 e e 2. The Scope of Security Services called for in this Agreement shall be found in Exhibit "A", which is attached hereto and made a part hereof. Security Services shall be offered to the public at all times that the Parks and Recreation Director, or his designated representative determines that a reasonable demand for such services exists; during such times that the Sylvan Beach Pavilion, the Evelyn Kennedy Center, the La Porte Livestock/Rodeo Arena, the Little Cedar Bayou Wave Pool, or other recreational amenity on City property, is open to the public and subject to the requirements set forth in this Agreement. At times, security personnel will be requested to report at staggered time periods due to the requirements of the function or event. Security personnel are not required to perform any function other than that set forth in the Scope of Security Services, unless mutually agreed upon by the Security Agent and the Director of Parks and Recreation, or his designated representative. 3. Security Agent agrees to provide security services in complete conformance with the applicable Laws of the State of Texas, the applicable Laws and Ordinances of the City of La Porte, the applicable rules and regulations of the Parks and Recreation Department, and the content of this Agreement. Security Agent shall keep himself fully informed of all existing and future National, State, and Local Laws, Ordinances, rules and regulations which in any manner affect the fulfillment of this Agreement and comply with same. 4. Security Agent shall not assign, transfer, convey, sublet or otherwise dispose of the agreement, or any part thereof, to any person, partnership, company, or corporation without prior written consent of the City of La Porte. 5. Payment to security personnel for services rendered under the terms of this Agreement are to be paid by the facility Lessee. It is incumbent upon the Security Agent to make arrangements with the facility Lessee, prior to the scheduled event for payment of services. In the event facility Lessee fails to abide by the terms set out in this Agreement for' provision of security services, the contract for the event shall be considered null and void and Security Agent has the right to cancel the event without recourse by the facility Lessee. The City is in no way responsible for payment for services rendered except in special cases as described in Section 6 of this Agreement. The City will determine the level of security required for an event and will obtain written approval from the Security Agent. City will provide a detailed list of scheduled officers, scheduled cost of security for the event, and required method of payment to the facility Lessee and a copy to the Security Agent at least ten (10) days in advance of the event. Security personnel shall be paid at the prevailing standard Rate of Fifteen Dollars ($15.00) per hour as established by the Security Agent and approved by the City Manager for such services. Rate shall not be increased during the term of this Agreement unless so approved. 6. Security Agent will assure that security personnel will log times of arrival and Page 2 of 6 e e departure with the City of La Porte Caretaker or other City of La Porte representative on the leased premises, for record-keeping purposes. In the event of a cancellation or rescheduling of a scheduled special event by a Lessee, where proper notification is not given pursuant to the Lessee's agreement with the City, Lessee will be responsible for payment of a minimum three hour security charge per officer, to be taken from the deposit of the Lessee. In the event of a cancellation or rescheduling or a scheduled event at City's fault, where proper notification was not provided to Security Agent, City shall pay the minimum three (3) hour security charge per officer from its funds. 7. The Director of Parks and Recreation of the City, or his designated representative, shall decide any and all questions which arise as to the acceptability of services rendered and as to the manner of performance; all questions which may arise as to the interpretation of the conditions and specifications; and all questions as to the acceptable fulfillment of this agreement. 8. If at any time, in the opinion of the Director of Parks and Recreation or designated representative, the Security Agent has failed to render services of proper quality, or has failed in any other respect to perform as specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him; and should he neglect or refuse to provide means for satisfactory compliance with the Agreement, as directed by the Director of Parks and Recreation or his designated representative, within the time specified in such notice, the Director of Parks and Recreation or his designated representative shall have the power to suspend the operation of the Security Agent under this Agreement. Upon such suspension the City Council of the City of La Porte or its duly authorized representative may employ other parties on an "as needed" basis, to perform security services for the City until such time as a new Agreement can be negotiated. In determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City of La Porte's Director of Parks and Recreation or designated representative, with approval of the City Council, shall be binding upon all parties to this Agreement. 9. The term of this Agreement shall be from the~ay of )'Y)~ , 1995, to and including the ~ day of M~ , 1998, with an option to the City to renew for two (2) additional one (1) year terms. The City, when in its judgement feels it will best serve the public interest, or the contractor for just cause; may cancel the contract upon thirty (30) days written notice. 10. The Director of Parks and Recreation or his designated representative will provide a monthly schedule to Security Agent, requesting security for the upcoming month, approximately fifteen (15) days prior to the first of the month. Security Agent will be notified Page 3 of 6 e e of any changes by telephone and a confirmation letter sent, as they occur. No changes in security personnel requirements shall be approved less than ten (lO) days prior to any event. Where approval or direction of the City is required for procedures not specifically covered herein, such approval or direction will normally be made by the Director of Parks & Recreation or his designated representative. 11. Security Agent shall be required to suspend or modify security services, although not to exceed his Scope of Services, upon the request of any Lessee, as approved by the Director of Parks and Recreation or his designated representative when it is in the best interest of the Lessee, or to comply with the terms of any Agreement between the City and Lessee. 12. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing signed by all parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies on the date fIrst appearing above. "CITY" CITY OF LA PORTE a municipal corporation BY:&)~ T, ~ Robert T. Herrera, City Manager A ITEST: ~~ City Secretary APPROVED: ~-QJ.~ City Attorney Page 4 of 6 A~ .C~ Secretary e e "SECURITY AGENT" La Porte Police Officer's Association By:~4~ /~ - Page 5 of 6 e e SECURITY SERVICES AGREEMENT EXHIBIT "A" SCOPE OF SECURITY SERVICES The conditions and terms delineated herein shall govern the scope of security services required for special events at various sites owned or under the control of the City. 1. Security Agent shall provide a Lead Officer for each event. The Lead Officer shall report to the event site thirty (30) minutes prior to the event start time. The Lead Officer shall receive pertinent information from the City of La Porte Caretaker or other City of La Porte representative regarding the event, and shall in turn, relay pertinent information and specific job assignments to the other officers who will work the event. The Lead Officer shall act as the Security Agent's representative on-site and any communication necessary between the facility Lessee and/or the City Caretaker will be directed to the Lead Officer who will then take the appropriate action necessary to meet the needs of the Lessee or the interests of the City, within the scope herein described. The Lead Officer and one additional officer shall remain on duty for thirty (30) minutes after the scheduled event ending, including scheduled cleanup time, to assure that: a) all persons are out of the building, and b) that the building, equipment, and. other appurtenances are secure. The Lead Officer and the additional officer described will receive remuneration for additional time served, at the prevailing rate as prescribed in the Agreement. 2. Security personnel shall be cognizant of all existing and future National, State, and Local Laws, Ordinances, and Department Rules and Regulations which in any manner affect the fulfIllment of this Agreement, and enforce or comply with same for the event. The City of La Porte caretaker shall have a copy of pertinent rules and regulations which pertain to special events at City facilities. 3. The security personnel assigned to an event shall remain on duty for the entire length of time contracted in advance to assure adequate security for the Lessee and to protect the interests of the City of La Porte for the entire event. Page 6 of 6