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HomeMy WebLinkAboutO-1993-1893 . . ORDINANCE NO. 93-1893 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND IMPACE SECURITY SERVICES, FOR SECURITY SERVICES AT SYLVAN BEACH PAVILION; 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 1. 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, Article 6252-17, Texas Revised civil Statutes Annotated; 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. . . ORDINANCE NO." 93-1893 Page 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED,.this 22nd day of March, 1993. CITY OF LA PORTE By:MJl't:i:;f( ~- Mayor ATTEST: chf!J::iffd C.ity Secretary Knox W. As l.ns City Attorney APPROVED: ~aJ~ . e THE STATE OF TEXAS COUNTY OF HARRIS SECURITY SERVICES AGREEMENT TInS AGREEMENT, made and entered into this the lsLday of April. 1993. by and between the City of La Porte, a municipal corporation, hereinafter referred to as "City", and Impace International. a Texas corporation, whose address is 1790 W. Sam Houston Parkway N.I Houston. Texas 77043. hereinafter referred to as "Security Agent." WITNESSETH WHEREAS, the City has advertised for bids to secure an operator for the Security Services at the City of La Porte Sylvan Beach Pavilion as provided in Bid No. 0047. the Notice to Bidders having been published in the La Porte Bayshore Sun on January 27, 1993, January 31, 1993 and February 7, 1993, said Notice providing that bids would be opened at 2:00 P.M., on the 14th day of February. 1993; and WHEREAS, Security Agent responded to such Notice to Bidders and indicated its willingness to provide said service; and said Notice to Bidders and the bid submitted by Security Agent are each specifically made a part of this Agreement; andeWHEREAS, Security Agents bid was selected to be the best responsible bid; . e NOW THEREFORE, for and in consideration of the terms, covenants, and conditions hereinafter set forth, the parties hereto agree as follows: 1. City hereby grants to Security Agent the exclusive right to provide basic security service during all applicable events conducted at the Sylvan Beach Pavilion. 2. Security Agent agrees to provide the above stated services in complete conformance with the bid specifications for Bid No. 0047. a copy of which is attached hereto, marked Exhibit " A" and by this reference incorporated herein and made a part of this Agreement. 3. Security Agent agrees to bill the City of La Porte on a monthly basis, for security services provided for that month, and the City of La Porte agrees to pay the bill within ten (10) working days after receipt of the bill. 4. Security Agent will provide that ~ecurity personnel will log in and out with the City of La Porte Caretaker or other City of La Porte representative on the premises, for record- keeping purposes. 5. The term of this Agreement shall be from the 1st day of April, 1993, to and including the 31st day of March 1996, with an option of the City to renew for four (4) additional one(l)- year terms. 6. Security Agent shall submit herewith insurance policies reflecting limits at least equal to those specified in Bid No. .QQfZ. 8. Security Agent and City agree to fully comply with the terms, conditions and specifications contained in Exhibit "A", which is attached hereto and made a part hereof, except and to the extent that said terms, conditions or specifications are specifically modified in the body of this agreement. This agreement, together with the attached Exhibit "A", constitutes the entire agreement between the parties hereto. . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies on the date first appearing above. ~~~~"''':;'''''''' /~~~c:;.~~!:~~~~> ;^ . ' , ~... -" ~. .~..~/ . ...... --. -....'\......~.. - ~ '\ . -...;. . " . -.., . '\ l.....".':-t,....,......... A TI'EST: ., -:....':; ~JO . . . .. ...... .~. ~~ City Secretary APPROVED: ~rJ. City Attorney ATI'EST: ~.~~ Secretary (Corporate Seal) "CITY" CITY OF LA PORTE a municipal corporation BY: G{~ T. ~ "SECURITY AGENT" BY:\\(U~~, ~ ~ . . NOTICE TO OFFERERS SEALED PROPOSALS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AND MARKED "R.F.P. # 0047" WILL BE RECEIVED AT THE CITY HALL, P.O. BOX 1115, 604 W. FAIRMONT PARKWAY, LA PORTE, TEXAS, 77572, UNTIL 2:00PM, FEBRUARY 15, 1993, FOR SECURITY SERVICES AT THE CITY OF LA PORTE SYLVAN BEACH PAVILION. PROPOSALS SHALL BE OPENED SO AS TO AVOID DISCLOSURE OF CONTENTS TO COMPETING OFFERERS. ALL PROPOSALS THAT HAVE BEEN SUBMITTED SHALL BE OPEN FOR PUBLIC INSPECTION AFTER CONTRACT AWARD. CONFIDENTIAL INFORMATION CONTAINED IN THE PROPOSALS SHALL NOT BE OPEN FOR PUBLIC INSPECTION. EACH PROPOSAL MUST BE SUBMITTED IN DUPLICATE AND BE ACCOMPANIED BY A CERTIFIED OR CASHIER'S CHECK, OR BID BOND IN THE AMOUNT OF $1,000. FORMS FURNISIIED BY THE CITY OF LA PORTE MAY BE OBTAINED WITHOUT DEPOSIT FROM THE CITY SECRETARY. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL PROPOSALS, TO WAIVE ANY AND ALL TECHNICALITIES, AND TO ACCEPT ANY PROPOSALS OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOS'l' ADVANTAGEOUS TO THE CITY. CITY OF LA PORTE /} / f!luU- .ttt~ CHERIE BLACK - CITY SECRETARY . . BID NO. RFP 0047 SPECIFICATIONS SECURITY SERVICES SYLVAN BEACH PAVILION INTENT: To secure an Agreement for the SECURITY SERVICES at the Sylvan Beach Pavilion. SECURrry SERVICE is to provide basic security service during an event, maintain visual presence of its uniformed personnel, and call the City of La Porte Police Department for assistance in the event of any violation of laws. 1. All proposals must be on the form contained herein, signed in the space provided and accompanied by a surety bond, certified or cashier's check in the amount of $1,000.00 and made payable to the City of La Porte and included in a sealed envelope marked 'IBID ON SECURITY SERVICES.II 2. No additions, alterations or conditions other than those requested in this proposal will be permitted. The restatement, modification or alteration of any part of this proposal will void the bid. Letters of transmittal, financial statements and evidence of performance ability required to be submitted with the bid must not conflict with any of the conditions or specifications. 3. The city reserves the right to accept or reject any or all proposals. The fees quoted will not be the only factor considered in making an award. The city Council shall be the sole judge as to the highest and best qualified responsible bidder to serve the best interests of the public and may waive any informalities or technical errors that, in its judgement, will best serve those of interest. 4. In signing this proposal, the bidder agrees that he has, or they have, carefully examined the conditions and specifications, and understands the meaning, intent and requirements of same, and agrees further to enter into a written contract to furnish the items and services called for in strict conformity with all requirements contained herein or forfeit bid surety. 5. Each bidder shall submit on form furnished herewith a statement showing: (a) Capital structure; (b) Operating experience; (c) present security operations; (d) present other operations; (e) gross revenues; (f) business references; (g) other qualifications. Each bidder must have actively engaged for a period of at least one (1) year in the ope~ation of the SECURITY SERVICES business such as is contemplated by these qualifications. The subscriber, having familiarized himself with the legal advertisement, Instructions to Bidder, Bidder's Proposal Form, Specifications, Plans and Form of Agreement in connection with the SECURITY SERVICES at the Sylvan Beach Pavilion, La Porte, Texas,' hereby proposes to furnish the services for payment set forth herein according to said specifications. In further a full consideration of the exclusive SECURITY SERVICES contract, granted by the City by and under said Specifications to Bidders, the subscriber agrees to bill the City of La Porte on a monthly basis, for SECURITY SERVICES provided for that month, and city of La Porte agrees to pay the bill within thirty (30) working days after receipt of the bill. . e Bid #1992-RFP 0047 Page 2 - Cont'd The following is the full name and address of the person, firm or corporation interested in the bid: NAME ADDRESS IMPACE SECURITY SERVICES ATTN: ANITA TANGEDAHL 1790 W. SAM HOUSTON PARKWAY N. . . HOUSTON, TEXAS 77043 TEXAS (State of Corporation) (If not a corporation, state the form of business, whether proprietorship, partnership, or otherwise, and give names of all partners and their addresses.) Also attached hereto and made a part hereof is SECURI'I''l{ SERVICE'S statement of Qualification under Paragraph 5 of Specifications to Bidders. SPECIAL CONDITIONS AND SPECIFICATIONS 1. EXECUTION OF CONTRACT: The letter of agreement shall be signed and returned by the successful bidder, together with the contract bond and certificates of insurance within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until execution of the Contract. Failure to execute a contract and file an acceptable bond, as provided herein, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and forfeiture of bid bond surety. 2. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, or any part thereof, to any person, partnership, company or corporation without prior written consent of the City of La Porte. 3. LAWS AND ORDINANCES: The Contractor shall procure all permits and licenses, pay all charges and fees necessary and incidental to the due and lawful conduct of the services. He shall keep himself fully informed of all existing and future National, state and Local Laws, ordinances and regulations which in any manner affect the fulfillment of the contract and comply with same. Contractor must be licensed by the state of Texas, its license must be in good standing, and it must have a fixed place of business in Harris County, Texas, and have been in the security business in Harris County, Texas, for one (1) year or more. Each of the personnel which it plans to assign to the city of La Porte, must likewise be iicensed by the State of Texas, their licenses must be in good standing, and they must furnish, to the City of La Porte, both the company and on personnel, copies of their licenses, and copies of the Texas Driver's License and Social Security Cards on the personnel to be assigned to the City of La Porte. (This data can be used by the City of La Porte Police Department to verify that the personnel assigned do not have a criminal record.) . e Bid #1992-RFP 0047 Page 3 - Cont'd 4. LIABILITY: The City of La Porte, its officers and employees shall be held free and harmless from any liability occasioned by any cause whatsoever arising from the performance of the contract. 5. INSURANCE: Contractor shall submit for approval by the City Attorney of the city of La Porte and retention by the City, insurance polices or certificates showing the Contractor has in force policies with limits equal at least to the following: (a) Worker's compensation and Employer;s Liability Insurance, as prescribed by Texas Law. (b) Comprehensive General Liability with limits of $300,000.00/$500,000.00 per occurrence. Property damage insurance with limits of $100,000.00 per occurrence. (c) Comprehensive automobile liability insurance: 1. Bodily injury - each person, $100,000.00 2. Each Occurrence - $300,000.00 3. Property Damage - $25,000.00 (d) The City of La Porte and County of Harris are to be named as additional insured on each policy. (e) Thirty (30) days notice to city of La Porte, prior to cancellation. Attn. city Manager 6. CONTRACT BOND: A bond of Faithful Performance of every and all requirements of the contract, in the amount of $5,000.00 shall be furnished concurrent with the execution of the contract. In lieu of a bond, a negotiable certificate of Deposit from a bank in Harris County, Texas, or a letter of Credit from a bank in Harris County, Texas, may be furnished. 7. TERM OF CONTRACT: The term of the contract will be for a period of three (3) years, with an option of the city to renew for four (4) additional one (1) year periods. 'I'his allows for a possible seven (7) year total contract. 8. AUTHORITY OF THE FACILITY MANAGER: The Director of Parks and Recreation or his' designated representative of the City of La Porte shall decide any .and all questions which arises as to the acceptability of services rendered and as to the manner of performance; all questions which arise as to the interpretation of the conditions and specifications; and all questions as to the acceptable fulfillment of the contract. . e Bid #1992-RFP 0047 Page 4 - Cont'd 9. SUSPENSION OF THE CONTRACT: If at any time, in the opinion of the Director of Parks and Recreation or designated representative, the SECURITY SERVICE 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 designated representative, within the time specified in such notice, the Director of Parks and Recreation or designated representative shall have the power to suspend the operation of the contract. Upon such suspension the SECURITY SERVICE control shall terminate and thereupon the city Council of the City of La Porte or its duly authorized representative may employ other parties to carry the contract to completion in such manner the city Council may deem proper; or the city Council may cancel the contract and relet it. Any. excess cost arising .therefrom will be charged against the contractor and his sureties, who will be liable therefore. In the event so such suspension and cancellation, all money due the Contractor or retained under terms of the Contract shall be forfeited to the Sylvan Beach Pavilion, but such forfeiture will not release the Contractor or his sureties from liability for failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess cost incurred, arising from the suspension of the contract and the completion of it by the Sylvan Beach Pavilion as above provided, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid. In determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension of 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 the contract. 10. CANCELLATION: The City, when in its judgment feels it will best serve the public interest, or the contractor for just cause may cancel the contract upon thirty (30) days written notice. 11. PUBLIC USE OF THE SYLVAN BEACH PAVILION: The attention of prospective bidders is directed to the fact that the Sylvan Beach Pavilion is primarily for the use of the public for the purpose of attending conventions, trade shows, entertainment features, exhibits, and other types of events usually held in such buildings. The publics rights to such use shall not be infringed upon by any activity of the SECURITY SERVICE Company. 12. LIMITATIONS OF OPERATIONS: The SECURITY SERVICE will be required to suspend or modify operations 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 the Lessee. 13. FACILITIES: Prospective bidders are invited to inspect the locations and may do so during working hours by contacting the Director of Parks and Recreation or his designated representative at 470-7275. 14. UNIFORMS AND EQUIPMENT: Contractor must furnish personnel in neat and clean uniforms, with name tag and numbered badge, with each personnel to have a two-way radio with capacity to contact the city of La Porte Police dispatcher, on frequencies regularly monitored by the city of La Porte Police dispatcher. . e Bid #1992-RFP 0047 Page 5 - Cont'd 15. BID FORM AND ACCOUNTING: No proposal will be considered unless it is accompanied by: a resume of experience in the field contemplated; a list of any proposed additional equipment to be installed and business credit references, all to be filed on accompanying forms. 16. GENERAL: The services called for in this proposal shall be offered to the public at all times that a reasonable demand for such services exists, during such times that the Sylvan Beach Pavilion is open to the public and subject to the requirements set forth in the proposal. The purpose of this contract is to secure a vendor for SECURITY SERVICES for the Sylvan Beach Pavilion, with billings to be to the city of La Porte. The Director of Parks and Recreation or his designated representative will mail a monthly calendar, requesting security for the upcoming month, approximately fifteen (15) days prior to the first of the month. Any changes which occur will be called in and a conf irmation letter sent, as they occur. On occasion, changes may be needed to be made during an event (ie: additional security officers are needed due to an increase in the number of people in attendance.) There should be no sales tax to the City of La Porte, as the city is exempt. 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 city. 17. RECORD kEEPING: The SECURITY SERVICES must provide that security personnel will log in and out with the City of La Porte representative on the premises, for record keeping purposes. 18. CONFERENCE: Each bidder whose bid has been determined to be acceptable may be required to attend a post-bid conference for the purpose of reviewing all material and clarifying any questions that may exist. . . Bid #1992-RFP 0047 Page 6 - Cont'd PLEASE COMPLETE THIS FORM BEFORE RETURNING BID PACI<AGE We will be able to assign security personnel on an hourly basis at a cost of ($) 9.20 per unit assigned to the Sylvan Beach Pavilion. It is understood and agreed that the described service shall be performed in accordance with the attached specifications as needed. The undersigned certifies that the bid price has been carefully checked and is submitted in duplicate as correct and final this 15th day of FEBRUARY , 1993. Bidder IMPACE SECURITY SERVI CES. I NC. Address 1790 W. SAM HOUSTON PARKWAY N. City, st, Zip ~IOUSTO~. TEXAS 77043 Phone 713-461-8925 By Signature Secretary of poration (Seal if bidde is Corporation) STATEMENT OF BIDDER'S QUALIFICATIONS \~~ ~':l\ ~ U1 CAPITAL STRUCTURE - ATTACHED' Please attach io this application blank your most recent financial statement and a statement of the amount of credit available to you, with name of bank or banks. OPERATING EXPERIENCE Please state herein the number of years and the type of business operating experience whieh you feel qualifies your company to operate the SECURITY SERVICES referred to in the Specifications to Applicants. ' TYPE OF OPERATION YEARS LOCATION SECURITY SERVICES SECURITY SERVICES SECURITY SERVICES SECURITY SERVCIES 8 YEARS 8 5 5 INTERCONTINENTAL AIRPORT HOBBY AIRPORT BOARD MEETI NGS SHARE HOLDER MEETINGS .e . Bid #1992-RFP 0047 Page 7 - Cont'd PRESENT AUDITORIUM OPERATIONS Please list below the auditoriums, coliseum arenas and other buildings where your company is presently providing SECURITY SERVICES, and how long you have been conducting such operations. 1QCATION PERIOD MAXWELL HOUSE/KRAFT FOODS - HOUSTON 3 YEARS BAKER HUGHES - HOUSTON 7 YEARS CONTINENTAL AIRLINES - HOUSTON 6 YEARS RIVIANA FOODS - HOUSTON 6 YEARS LEVITi FURNITURE - HOUSTON 5 YEARS BRIGHTON OAKS APARTMENTS - HOUSTON 2 YEARS NATIONAL COMMERCE BANK - HOLISTON 4 YEARS PRESENT OTHER OPERATIONS Please indicate below what other types of business operations your company is now operating, and the location of each operation you feel particularly qualifies your company to perform the aforementioned SECURITY SERVICES for the Sylvan Beach Pavilion. LOCATION PERIOD MCDONNELL DOUG[AS-CLEAR"LAKE LOCKHEED SPACE MISSILES - CLEAR LAKE TARANTINO PROPERTIES - HOUSTON PM REALTY - HOUSTON 3 YEARS 2 YEARS 3 YEARS 7 YEARS WESTHEIMER OAKS - HOUSTON 2 YEJI,RS e . Bid #1992-RFP 0047 Page 8 - Cont'd REFERENCES Please indicate here the names and addresses of persons in management capacity for Lessor of any of your operations for reference and recommendation. NAME STEVE ISAACSON DEBBIE D~CKENS TOM QUINN LES JOHNSON BRECK SMITH ADDRESS OPERATION -, ' , 2777 ALLEN PARKWAY 3900 HARRISBURG. .lOOO HOII I STER 16055 SPACE CENTER 1150 GEMINI RIVIANA FOons MAXWFII HOIISF nFVFI r.O/RAKFR HUGHES . . MCDONNELL DOUG[AS LOCKHEED SPACE OTHER QUALIFICATIONS Please indicate on attached sheets any other qualifications which particularly qualifies your company to perform the SECURITY SERVICE set forth in the Instructions to Bidders. The above records of this firm's operations are certified to be correct and true by the signer of this application. SIGNATURE: INC. NAME OF FIRM SUBMITTING APPLICATION: TITLE: :..