HomeMy WebLinkAbout11 BURNS INT'L 06-18-01AGENDA R ?ORT
NO. 11
06-18-01 !o64.
400-80
,
TO:
WILLIAM a. HUSTON, CITY MANAGER
FROM'
REDEVELOPMENT AGENCY STAFF
SUBJECT:
...
COOPERATIVE AGREEMENT WITH DEPARTMENT OF NAVY AND SECURITY
SERVICES AGREEMENT WITH BURNS INTERNATIONAL TO PROVIDE CONTINUED
SECURITY SERVICES AT MCAS TUSTIN
II i II I_ ' .... II IIIII I ' I I IIII II ' '
SUMMARY
Tustin City Council approval .is requested to extend the term and mOdify compensation of the
existing Cooperative Agr~ment between the City of Tu~tin and Department of Navy and
authorize the execution of an agreement with Burns International Security Services to provide
continu~ security services at the former Marine Corps Air Station (MCAS) Tu~tin.
RECOMMENDATION
1. Authorize the City Manager or Assistant City Manager to execute' Cooperative Agreement
Modification between the United States of America.. (Department of Navy) and tho City of
Tustin to provide continued security services., at MCAS Tustin subject to approval by the
Depart'ment of the Navy and City Attorney of the agreement, and;
2. Authorize the City Manager or Assistant City Manager to enter into a Security Services
Agreement between Burns International Security Services and the City of Tustin to provide
necessary security services at MCAS Tustin,. subject, to apprOval of the. Cooperative
Agreement Modification by the Navy and the City Attorney approval of the final Security
Services Agreement.
FISCAL IMPACT
City of Tustin costs assOciated 'with the recommended actions will be reimbursed by the
Department of Navy. City and Redevelopment Agency staff Will be responsible for contract
administration.
BAC KGRO U ND/DI SCUSSI O N
MCAS Tustin formally closed on July 2, 1999. The City of Tustin has been authorized by the
Department of Defense to act as the Lo~! Redevelopment Authority (LR~) and is solely
responsible for planning .the future civilian muse. of the closing base. Following closure, the
military may fulfill its obligations to maintain the closing base by executing a Cooperative
Agreement with an LRA willing to perform protection, maintenance and service caretaking on a
cost mimbumement basis. The City of Tustin recognized very early that it would be in the public
interest and foster redevelopment if we participated in .the protection and maintenance of MCAS
Tustin facilities during an interim ~rotaker period.
City Council Report
Security Services Agreement
June 18, 2001
Page 2
On July 6, 1999, and June 19, 2000, the Tustin City Council authorized staff to execute a
Cooperative ^groement and Amendment to the Cooperative Agreement w~th the Navy and a
secudty service provider to provide security services at MCAS Tustin for a twelve-month period.
Provisions of the Cooperative ^gmement and Amendments provide for extension of the 12-
month term of the ag'moment subject to agreement by both partieS. The current agreements will
expiro June 30, 2001. The Southwest Division of the Department of the Naw (Navy) has agreed
to fund a third amendment to the Cooperative Agreement to continue to provide federally funded
security servi~s at MCAS Tustin for an additional twelve month period.
In implementing security services over the last year, the City has contracted with Burns
International, inc. Burns International Security Services replaced Cai West Patrol' last year and
was selected based on their qualifications and their ranking in the original security Request for
Proposal (RFP) process conducted three years ago. Burns International has. done an excellent
job during this time. ·
The Southwest Division of the Navy has agreed to fund a 7.1% increase in Burns' annual
compensation based upon recent State of California legislative mandates increasing the
minimum wage standard and regional fuel cost increasesl When replacing Cai West with
Burns International 'last year, the City was able to negotiate a reduced contract amount for
2000/2001 Security of $319,092, saving the Navy $57,044. The proposed total cost of service
for 2001/2002 would be $341,853 which is still $34,283 less than the original security service
costs in 1999-2000.
The type of service provided at McAs Tustin would continue to include two roving patrols and
entry/exit.gate services. Roving patrols are manned 24 hours per day, seven days per week.
The gate guard' is located at Valencia and Redhill Avenue and will continue to be manned 12
hours per day, six days per week. Security services will continue to b® billed based on time and
materials and will not exceed the annual estimated cost of $341,853.
Final Navy Headquarter signature of the third Cooperative Agreement Modification to extend
security services has not yet been obtained. However, the term of the Security Services
Agreement is contingent on the execution of such an amendment. To ensure that the contract
can be executed before the June 30 termination of the existing Cooper. ative Agreement, staff
requests City Council approval of the attached Cooperative Agreement Modification and the
Security Services Agreement.
CAS:kd~ums Intemational2.doc
~~.,,,.~ '(~~.4r~:~.... _..
Dana Ogden ~J
Program Manager
Attachment 1' Draft Cooperative Agreement Modifi'~ation
Attachment 2' Draft Security Services Agreement
Attachment 1
UNITED STATES NAVY
COMMANDER, NAVFA CENGCOM
WASHINGTON NAVY YARD
1322 PATTERSON AVE, SE SUITE 1000
WASHINGTON, DC 20374-5065
COOPERATIVE AGREEMENT
F.Y 2001-02 as Amended
Effective date: July 2, 2001
Page ! of 2
~OOPERATIVE AG ..RE. EMENT
GRANTEE'
CITY OF TUSTIN
300 CENTENNIAL
TUSTIN, CA 92780
TOTAL AMOUNT OF BUDGET: NTE $1.370.689
AUTHORITY:
Section 2905 (a)(1)(B)(i) of public law 101-510
COOPE _R._ ~TIVE AGREEMENT MODIFICATION
The purpose of this modification is to extend the period of security sen, ices for 12 momhs
from the current date of expiration, July 1,2001.
,)
In accordance with Section 401, the maximum funding on this Agreement is increased by
$341,$53 from $1,028,836 to $1,370:689.
3. Replace Appendix 3 in its entirety. Pages are attached hereto and made a part hereof.
5. ACCOU-Ix-FING AND APROPRIATION DATA- For billing purposes refer to:
AA 1701106 27A0 000 60050 0 0674:4.3 2D 000000 00000RCWI E00 5;341,853.
UNITED STATES NAVY
COMMANDER, NAVFACENGCOM
WASHINGTON NAVY YARD
1322 PATTERSON AVE, SE SUITE 1000
WASHINGTON, DC 20374-5065
COOPERATIVE AGREEMENT
F.Y 2001-02 as Amended
Effective date: Suly. 2, 2001
Page 2 of 2
IN WITNESS WHE~OF, The panics to this Agreement, by .their authorized representatives,
hgeby cause the Agreement to be executed
UNITED STATES OF AMERICA
CARETA~~CITY OF TUSTIN
Approved by:
Da.re:
Grants Officer
Approved by: .........
Christine Shingieton
Assistant City Manager
MCAS Tustin Team Manat~er
Date:
ATESTED by:
Beverly ~,'~te
City Clerk
Date:
APPROVED TO FO~M
By:
_ Ill I
Lois
Ciw Attorney
Date:
_ __
__
APPE ,NDIX 2
TEC .I-INICAL EXECUTION PLAN
I. Baekgroun. d,.
II.
Itis the intent of the Caretaker to perform the cooperative Caretaker function through
utilization of public and private sector subeomractors.
The Caretaker is governed by an elected City Council which includes five at-large
Councilmembers who serve on a part-time basis. The City Council is responsible for all
mauers pertaining to the governance of the Cie,.:. Execming the policies set by the City
Council is the responsibility of the Ci~' Manager. The Cil3' Manager is hired by the City
Council and is a full-time professional staff position responsible for the day-to-day
administration of City business. The Cit2.' Manager and Cit3' Attorney report directly ~o the
City Council. '
The Tustin Assistant City Manager will be the prime poim of contact for overall
implementation of this Agreement. This position has supervisory staff and line personnel to
perform neeessar>.' tasks from City, operating departments. An o~anizational chart is
attached as Exhibit 2-1. The'City also reserves the right to utilize a qualified faeili~'/contract
management contractor for execution.
.MI employees of the Caretaker will .be covered by the City of Tustin Personnel Policies.
These policies are available for reyiew by the Navy upon request. The policies set forth the
expected measures of conduct, terms of employment, employ'ce benefits, procedure for
disciplinary action, and o~her personnel procedures.
Proposed Requirements Rational for Securit3'
A. Proposed Method of Accomplishment
The Caretaker would subcontract for the performance of Uniform Security Guard
services component of this Agreement with a private security contractor. For purpose of
day-to-day liaison and administration, Captain Schoenkopf of the City ofTustin Police
Department (CTPD) shall primarily be responsible for coordination with the securi~'
contractor in the position of City of Tustin law enforcement support when necessa~, and
requested by the security contractor.
B. Concept of Operations
1. General Scope of Services.
The private security company will provide to MCAST all sen'ices in conformance
with Appendix 1 including the following:
MCAS TUSTIN COOPERATIVE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 2- Page 1
1. Roving Patrol Function
Perimeter Security- once every four.hours a check will be
made of the entire base perimeter to detect or prevent actual or attempted
unauthoriZed enm..'. Routes will be varied to prevent a set, detectable
pattern.
b. Building/Equipment Checks
Security checks will be made of all buildings and equipment at MCAST,
not including leased facilities.
..
These checks are primarily to detect unsecured facilities but the patrol
personnel will also report fire, flooding or other conditions which could
result in property damage or personal injury.
Interior checks will be performed on a mi~fimmu of 10% of all facilities and
buildings during each patrol period.
Interior 'security checks will be performed in eve~' case where the integrity
of any facility or equipment has been compromised.
All notable incidents will be documented for CSO and City of Tustin
management review.
c. Gate/Building Openings
Locked gates or buildings will be opened at any time in response to an
auflaorized request. A record of all said openings will be included in the
Daily Report Log.
d. Entry/Exit Gate Control in conformance with Appendix I.
Entry control'
Security personnel x~ill allow access only to authorized personnel, properr)'
or vehicles with a valid need to enter. Need is defined as in conjunction
with a approved work request, a BRAC office authorized access letter or
included on a current MCAS T access list.
During periods when the gme is not manned it will be locked and
considered part of the perimeter and controlled/inspected by' the Roving
Patrol.
Exit Control'
The security firm will not allow Federal property ~o be removed from
MCAST unless it is authorized by means of valid properts' pass issued by
MCAS TUST1N COOPEIL~'I'IYE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 2- Page 2
the BRAC/CSO and the City of Tustin. Generally, property, is not
authorized to be removed from MCAST.
Gate guard is to. close and lock the gate to outbound traffic and make an all-
secure report in the Security Log within three minutes of'
* notification of the Security supervisor
· notification by Caretaker Site Office Officer in charge
* notification by CiD' of Tustin Police Department (CTPD)
* completion of shift by post personnel
·
·
Detention and searching of vehicles and personnel shall be in accordance
with State Law, Securit3, policy, and. CTPD regulmions.
NOTE: Sen, ices for the Guard Gate function may be terminated within
seven days v~xitten notice.
2. Reporting
The securi~' contractor ~ill submit standard operating procedures for CSO
and City review within. 14 days of execmion of this A[n'eement.
The securit?' contractor shall provide a monthly report at least 10 days after
the close of each month directed to CT?D, the Caretaker and CSO.
Information in the report shall include, bm nol be limited to:'
· The number of s¢c.uriD' breaches logged during patrols of
buildings and facilities (note by type of breach category such as
open doors/~indows); openings or breaks in perimeter fencing.
Observations and calls for Sen, ice
a. Escorts
b. Suspicious suspects, vehicles circumstances # by ~.pe (fire,
burglary)
c. Alarms
d. Citizen assists
e. Assist outside ~encies
f. Non-inju~' traffic collision
SummaD' of significant events for month (by date, characterize.
and incident report number).
2. Administration
al
For purpose of liaison, David Huenergardt with Bums Imemational
Security Sen'ices (714.245.6800) is the desi~maated representative of
the Caretaker who will be responsible for provision of services
pursuant to the Agreement, unless otherwise indicated in ~riting by
the Caretaker.
MCAS TUSTIN COOPER.~T1VE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 2 - Page 3
The security contractor or his field designee will meet at least monthly with the
Caretaker, and the Caretaker Site Office, Grants Administrator's representative, or
more frequently as requested by any party.
·
b. The Caretaker, CTPD, and OIC will be promptly notified of the
following events occurring at MCAST.
'1. Significant breach ofsecuritg'
2. Significant hazards to life or property
3. Hazardous materials detected
4'. Arrest of any individual
5. Terrorist threat or acl.
6. Work related inju~ to any security contractor
personnel (requiring any treatment above basic
first aid or requiring transportation to any'
medical faciliB') in conjunction with duties
related to MCAST.
7. Any incident requiring CTPD imervention
8. Other incidents designated by Caretaker.or OIC
or CTPD
c. A security contractor "Employee Information Manual" will govern
security contractor persom~el.
do
Key Management. Personnel. qualifications of xhe proposed security
contractor are available upon request.
All required permits, licenses and employee certificates are on file
with security contractor and are available to CTPD, Carelaker and
CSO. Copies of the security contractor's Private Patrol Operators
License issued by the State of California Department of Consumer
Affairs, Bureau of Security and Investigative Sen'ices and the security
contractor Cit>.' of Tustin Business License shall be provided to the
Ci~' of Tustin.
3. Operations and Sen, ices
a. Proposed Method of Accomplishment
The private security contractor will offer implementation of security services
necessaD-' to accomplish the tasks detailed in Appendix 1.
These sen'ices can be provided within 7 days notice and upon contract
approval and signing by all required parties.
MCAS TUSTIN COOPERATIVE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 2 - Page 4
Required Labor- in order to perform the Scope of Sen'ices the
following is required.
Post #1, Roving Patrol, 1 officer, 24 hours per da3', 7 days per
week- 8,760 hours per year.
o Post #2, Roving Patrol, 1 officer, 24 hours per day, 7 days per
week- 8.760 hours per year.
· ~
o Post #~, Gate Guard, 1 officer, 12 hours per day, 6 days per week
- 3,756 hours per year.
d. Equipment and Materials Required.
1) MCAST shall provide and make available to the prix'me
security contractor a portion of building 568 or other locatiOn
acceptable to the Caretaker, the Navy, and private security
contractor for execution of the duties required. This building
shall provide guard personnel with restrooms, and other
amenities characteristic of an office facility.
2) The private securit3' contractor will provide 2 roxSng patrol
vehicles suitable for the required duties..
3) The security, contractor will provide all guards, with a full
uniform to be worn during duty hours.
4) The securi~' contractor shall provide to guard personnel
communication devices required in Appendix 1.
5) The'securiB, commetor shall provide ~o guard personnel hand-
held portable radios suitable for internal communication and
contact with CTPD communications facilities.
6) The securi~' contractor will provide other necessaD' equipment
and material to safely and effectively perform the requirements
of this contractual relationship.
MCAS TUSTIN COOPER.a~TIVE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 2- Page 5
APPENDIX 3
BUDGETARY ESTIMATE PLAN
Se. curity ln~oducfion
The budgetary estimate provided reflects 'the minimum level of "Guard Services" as required to
prolect assets, resources, and persons at MCAS, Tustin as stated in the RFP.
The budgetaxy estimate reflects the following assumptions:
Costs to provide services are based upon a monthly cost for securig' service equipment
and supplies and a fully burdened momhly labor costs.
A guard shack and an office of like facilities shall be supplied by MCAST .to Caretaker
subcontractor personnel on a no-cost basis including furniture, fixtures, and equipmem
(excluding computer, electronic,' or telephone equipment or sen'ices), for a fully
operational security services office.
Budget.aD_., Estimate
The methodology for calculating the following Budget Analysis is as follows'
1) Start-Up Costs: None
2) Annual Operating Costs:
Monlhly Annu...al
a. Eauinment & Sunnlies '
Communications (3 Nextel radio phones)
Vehicle, Maimenance, Fuel. Repairs
Office Supplies.' Printing
Subtotal
b..Labor Costs*~
Post #1 Roving Patrol (8,760 hours/year)
Post #2 Roving Patrol (8,760 hours/year)
Post #3 Gate Guard (3756 hours/year)
Subtotal
$ 419 $ 5.028
·
2,897 $ 34.764
104 1.24~8
$ 3~420 $ 41,010
$10.315 $123,779
10,315 123,779
4.44.___...~0 _53,285
$25,070 5;300,843
*To be billed at $13.79/hr. except fully burdened
Momhly holidays which are' assumed as rated
below:
a. ,assumes 6 days x 24 hours (ea. Patrol) a day at holiday
pay of $20.69~. = $2,979; and 6 days x 12
hours (gate guard) a da3: at holiday pay of $20.69hr. =
$1.490.
·
TOTAL S28,490
S341,853
MCAS TuSTIN COOPERATIVE AGREE.Mt.;NT ·
F.Y. 2001-02 as Amended
Appendix 3 - Page I
1) Labor. The number of man-hours has been determined per Appendix 1 and ~¢ number of
guards r=quired has been calculated.
2) Material. Caretaker's sub¢omractors' procurement policies will be based upon a "three
quote" system.
3) Gate Guard may be terminated by the NaxT upon seven days written notice.
p~aymem for Security Servicers
1) As custodian for the sen, ices, Caretaker will invoice the Navy momhly Costs not to exceed
$.341,853 annually.
.MCAS I'USTIN COOPERATIVE AGREEMENT
F.Y. 2001-02 as Amended
Appendix 3 - Page 2
,~,,
;'
Attachment 2
SECURITY SERVICES AGREEMENT
BETWEEN
BURNS INTERNATIONAL SECURITY SERVICES
AND
CITY OF TUSTIN
FOR
MCAS TUSTIN
THIS AGREEMENT is made and entered into this day of ,2001, by and
between BLrRNS INTERNATIONAL SECURITY SERVICES, a California corporation (herein
referred to as BURNS) and the City of Tustin, the Local Redevelopment Authority for Marine Corps
Air Station Tustin, a municipal corporation duly organized under the laws of the State of Call fomia
(herein referred to as the CITY).
RECITAI.$
A. The Federal Government, £or and on behalf of' the citizens of thc United States, acts as
the steward of certain real property on which it maintains and operates military facilities and military
bases necessary for tho defense of the United Slates of America. The Federal Government has
determined that thc continued maintenance and operation of certain military bases throughout the
Nation are no longer necessary to achieve the national defense objectives of thc United States.
Therefore, the Federal Government has directed and authorized the United States Department of
Defense to deactivate and close a select number of military bases and to coordinate and administer
thc systematic disposition of both real and Personal property for civilian reuse purposes.
B. The Federal Government h'.as determined that the Marine Corps Air Station, Tustin,
California (herein referred to as the MCAS Tustin), is one of the aforementioned military bases
which is to be deactivated, closed and ultimately cern'erred to civilian reuse. MCAS Tustin closed
on July 2, 1999.
C. ' The terms and conditions necessary for establishing thc adequate operation, maintenance,
and protection of the MCAS Tustin following base closure and pending final disposition will be
governed by a Cooperative Agreement between tho United States of America, as represented by the
SouthweSt Division, Naval Facilities Engineering Command (herein referred to as the Navy) and the
CITY.
D. The Federal Government has determined that it is in the public interest, and will be of
benefit, for the designated interim caretaker of the MCAS lustin, the CITY, to participate in the
operation, maintenance, and protection of the MCAS Tustin facilities during the interim caretaker
period. The interim caretaker period is the period from the official base closure date umil the final
disposition of the base. The CITY is a municipal corporation duly organized under the laws of the
State of California possessing legal authority to enter into a Cooperative A~eement with the Navy.
SI:CL'R! I'Y $1..'RVICI!$ AGREEMI.!NT
E. Pursuant to the Cooperative Agreement, thc CITY is obligated to perform certain
"caretaker services" delineated within that Agreement. The aforementioned caretaker services
consist primarily of activities necessary to protect, secure, and maintain the inactivated MCAS
Tustin facilities described in that Agreement. Additionally, the CITY will supervise and manage all
activities and projects which are its responsibility and obligation under thc' Cooperative Agreement,
according to the terms, conditions, and specifications of that Agreement. In consideration for thc
CITY's performance of the aforementioned services .and operations during the interim caretaker
! I .
period, thc Cooperative Agreement provides that the Nav) shall ..pay an agreed upon sum of money
to the CITY for the costs incurred by the CITY associated with its performance under the
Cooperative Agreement. .
F. One caretaker service which the CITY is 'contractually obligated to perform under thc
Cooperative Agreement is the establishment and provision o'f security se~'ices to the MCAS Tustin.
However, the CITY does not possess thc capabilities, required to fully discharge its security services
obligation under '.the terms, conditions and specifications of the Cooperative .Agreemcnt.
Consequently, the CITY must contract separately for the performance of the security services
component of the Cooperative Agreement in. order to fully discharge its obligations under .that
Agreement.
G. It is the intent of the CITY and BURNS to enter into this Agreement for the purpose of
establishing the terms and conditions under which BU-RNS shall discharge, on behalf on the CITY,
the CITY's contractual obligation under the Cooperative Agreement to provide continued and
uninterrupted security sen:ices to the geographical area comprising the MCAS Tustin during the
interim period following base closure and military withdrawal pending, final disposition of the base.
..
NOW, THEREFORE, in consideration of' the foregoing recitals and the mutual promises, covenants,
and conditions contained herein, the parties agree as follows:
AGREEMENT
1. SCOPE OFSERVICES
I.l BURNS shall provide to the CITY unifonx~ed security guard services in
compliance with all terms, and conditions, of this Agreement and as specified in the "Scope of
Self, ices" attached hereto as Exhibk "A" and incorporated herein by this reference, (the "services" or
thc "work") to the territory of Orange County known as the MCAS Tustin Service Area, which is
more fully described by the map attached hereto as Exhibit "B" and which is incorporated by
reference as though fully set forth herein (hcreinal'ter re~'erred to as the MCAS Tustin Service Area).
BURNS warrants that all services shall be performed in a competem, professional and satisfactory
manner in accordance with all standards prevalent in the industry.
1.2 Complian.ce with_ Law. All sen'ices rendered hereunder shall be provided in
accordance with all laws, ordinances, resolutions, statutes, talcs, and regulations of the CITY of
Tustin and of any federal, state or local government agency of competent jurisdiction.
SI':CURI'I'Y SERVI("ES AGRL"!!MI'~NT
PAGIi- 2
1.3 Licenses and Permits. BURNS shall obtain at its sole cost and expcnse such
licenses, permits and approvals as may be required by law for thc performance of the services
required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, BURNS warrants that'they
(a) have thoroughly investigated and considered the work to be performed, (b) htive investigated the
site of work and become fully acquainted with the conditions there existing, (e) have carefully
considered how.thc work should be performed, and (d) fully understand thc facilities, di£fieulties and
restrictions attending performance of the work under this Agreement. Should BURNS discover any
latent or unknown conditions materially differing from those inherent in the work or as represented
by the CITY, BURNS shall immediately inform the CITY of such f'aet and shall not proceed with
any work except at BU~S risk, until x~xitten instructions are received from the Contract Officer.
1.5 Care of.Work. BURNS shall adopt and follow reasonable procedures and
methods during the term of the Agreement to 'prevent loss or damage to facilities, equipment,
materials, records, papers or other components of' the work, and shall be responsible for all such
damage until termination of the contract by the CITY, except such loss or damages as may be
caused by thc CITY's own negligence.
1.6 Special Requirements. Any additional terms and conditions of this Agreement are
set forth in Exhibit "C" and are incorporated herein by this reference. In the event of a conflict
between the provisions of Exhibit "C" and any other provision or provisions of this Agreement,
including Exhibit "A", the provisions, of Exhibit "C" shall govern.
2. ADMINISTRATION AND C'OORDI.NATION OF WORK
· II II
2.1 Re_~resentative of Consul_tam. The .following Principal of BURNS is hereby
designated as being the Principal and representative of BURNS authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith:
Ed Merseth
.(714) 245-6833
It is expressly understood that the experience; knowledge, capability and
reputation of the foregoing Principal. is substantial inducement for the CITY to enter, into this
Agreement. Therefore, the following Principal shall be responsible during the term of this
Agreement for directing all activities of BURNS and devoting sufficient time to personally supervise
the sen'ices hereunder. The foregoing Principal may not be changed by BURNS without the express
written approval of the CITY.
2.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of. the
CITY unless otherwise designated in writing by the Contract Office. For purposes of.day to day
liaison and administration, Captain Schoenkopf with the City of Tustin Police Department shall be
primarily responsible for coordination with BURNS in the provision of the City of, Tustin law
enforcement support when necessary and requested by BURNS. It shall be BURNS' responsibility
to keep the Contract Officer and the City of Tustin Police Department fully ird'onned of. the progress
of the performance of the sen,ices and BURNS shall refer' any decisions on the Agreement which
Si~CURi'I'Y SERVICES AGILEENIEN'i'
r,,xcw.. 3
must be made by thc CITY to thc Contract Officer. Unless otherwise specified herein, any approval
of' the CITY required hereunder shall mean the approval of' the Contract Officer.
2.3 lite BURNS Principal identified in .Section 2.1 shall meet with the. Contract
Officer or designee and a selected representative from the Navy identified as the Officer in
Command-Caretaker Site Office (herein after refcrred to as OIC-CSO) at least' monthly, or as more
frequently requested by thc Contract Officer or the City of Tustin Police Department.
\
2.4 The Contract Of'ricer, and Tustin Police Chief, and OIC-CSO shall be promptly
notified o£ certain security events occurr..ing within the MCAS Tustin Sen'ice Area other incidents as
designated by the Contract Officer.or O1C-CSO in writing.
2.5 Indepegdent Contractor. Thc CITY shall not be liable for the direct payment of
any wages or other compensation to any officer, employce, or agent of BURNS performing any
services under this Agreement. The CITY shall not. be liable to any officer, crnployee, or agent of
BURNS for any sickness or injury incurred by such person in the course of performing sen'ices
under this Agreement. BURNS shall be solely responsible for all personnel actions relating to
BURNS employees utilized in the pcrfom~ance of this Agreement. The employees of BURNS shall
not be deemed employees of thc CITY as result of this Agreement.
3. RECORDS AND REPORTS
IIm
3. I Thc CITY may, in addition.to any financial or other reports required by the terms
of this Agreement or by the Cooperative Agreement, require BURNS to prepare repons or provide
information relating to this Agreement. BURNS agrccs to provide' such repons within a reasonable
period of time and in such detail as may be required.
3.2 Records. BURNS shall keep such books and records as shall be necessary to
properly perform the services required by this. Agreement and enable the Contract Officer to eValuate
the performance of such sen'ices. The Contract Officer shall have lull and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit and make records and
transcripts from such records. BURNS shall also afford any authorized representatives of' the CITY,
thc United States Department of Defense, the Comptroller General, or. other officially concerned
Federal Government agcncy acccss to and the' right to examine all records, books, papers, and
documents, including records in automated forms, that are within BURNS' custody or control and
that relate to its performance under this Agreement. BURNS will retain such records intact for at
least three (3) years following termination of this Agreement. Access to BURNS' records by the
tredeml government will be'only during normal business hours, and the requesting party will give
BURNS twenty-four (24) hours prior notice of its intention to examine BURNS' records that relate
to the performance of this Agreement.
3.3 Ownership of Documen.ts. All documents, specifications, records, documents and
other materials prepared by BURNS in the performance 01' this Agreement shall be the .property of
the CITY and shall be delivered to the CYI'Y upon request of the Contract Officer or upon the
termination of this Agreement, and BURNS shall have no claim .for further employment or
.additional compensation .as a result of the exercise by the CITY of its full fights or CIIY's
SECURITY SI£R¥'lC!!S AGI~F. EMENT
PAGI: - 4
ownership, of the documents and materials hereunder. BURNS may retain copies of such documents
for its own usc. BURNS shall have an unrestrietcd right .to use the concepts embodied therein.
3.4 Release of Documen..t. All .reports, records,' documents and other materials
prepared by BUILNS in the performance of sen'ices under this Agreement shall not be released
publicly without the prior written approval el'the Contract Officer.
·
.
..
4. COMPENSATION
4.1 Compensation. For the sen'ices rendered pursuant to this A~eement, BURNS
shall be compensated and reimbursed consistent with the specific cost linc items and requirements
['or operating costs, as more fully set forth in Exhibit "D", and are incorporated by reference as
though fully set Forth herein. In any event, the annual operating cost for the provision of security
services to the MCAS Tustin Service Area shall not exceed S341,853.
4.2 The cost contah~ed in this Agreement shall represent the minimum level of'
security services required to protect assets, resources, and persons planned to be located within thc
MCAS lustin Service Area.
4.3 The costs presented under this Agreement reflect the fully burdened hourly costs
associated with providing security services to the MCAS Tustin Service Area:
4.4 Method of Payment. All work conducted under this Agreement shall be billed on
a time and materials basis consistent with the fully hourly rates and budget included in' Exhibit "D"
of this Agreement. In any month in which BURNS wishes to receive payment, BURNS shall no
later than the first working day of thc next month following the month of service, submit to the
CITY an invoice for sen'ice in the form approved by the Contract Officer and Department of the
Navy. The CITY shall pay BURNS for all expenses stated'thcreon which are approved by the CITY
consistent with this A~eement, within 30 days of the City's receipt of payments for service from the
Navy.pursuam to 'the Cooperative Agreement.
4.5 Changes;. In the event any change or changes in the work is requested by the
CITY, the parties hereto shall execute an addendum to this Agreement, setting forth with
particularity all terms of such addendum, including but not limited to, any modification to BURNS'
fees. An Addendum may bo cntered into to provide for. revisions or modifications to the scope of
work, including but not limited to, a reduced level of' sen'ice. BURNS acknowledges that the Ci!Y,
within it's discretion, may increase or decrease any specific line item or thc maximum funding
amount reflecled in Section 4.3, with seven (7) days notice,to BURNS.
FURTHER OBLI_G, ATION, S OF TF~ ?ARTIES,
5.l Facilities. A guard .shack and/or office area at MCAS. Tustin will be made
available to BURNS by the Navy for use by BURNS on or as soon as possible after the effective
date o£ this Agreement, at no cost to BURNS. BURNS will not be responsible l'or the structural
integrity o£ the aforemcntioned facility (c.g., roofing, framing, foundation, flooring, plumbing, and
HVAC system)'. BURNS will be responsible for paying for telephone utilities they wish provided to
the facility. The facility will be equipped by thc Navy with basic fixtures, furniture, and equipment
Slq. CURll'Y $I:RVICES AGREI:MI'.'NT
I' xC;I-.' - .~
so as to make such facility.habitable and generally operational for use by 'BURNS as so.on as
possible after the effective date of this Agreement..
5.2 Veh. icles. Two fully equipped security patrol vehicles and associated equipment
thereon, will 'be provided by BURNS under this Agreement. BURNS shall be responsible for all care
and maintenance.
·
5.3 BURNS shall provide necessary communications equipment. Each on-duty guard
and supervisor shall be equipped with a hand held unit equal to and compatible with the system
required by the CITY in Exhibit "A".
6. INSURANCE
_
BURNS shall carry and maintain excess broad form. comprehensive liability insurance
and property damage insurance.including, but not limited to, insurance against assumed contractual
liability under this Agreement, to afford protection with a limit or liability not less than two million
dollars (S2,000,000) against all claims for bodily injuries and death or damages to property resulting
from BURNS' performance under.this Agreement. The minimum amount of liability coverage is
subject to revision by mutual agreement el'the parties upon amendment of' this Agreement.
To the extent required by law, BURNS shall carry and maintain Workers' Compensation
insurance in form and amounts required by.law.
All insurance which this Agreement requires BURNS to carry or maintain or cause to be
carried or maintained pursuant to tiffs Agreement shall be in such form, for such amounts, for .such
periods of time and with such insurers as thc CITY may require or approve. The CITY's approval
shall not be unreasonably withheld. Ail policies and certificates issued by the respective insurers for
public liability and property damage insurance shall name the CITY and the' Navy as an additional
insured to the extent provided by law, provided that any losses will be payable notwithstanding any
act or failure to act or negligence of' the CITY; provide that no cancellation, reduction amount or
material change in coverage thereof will be eff'ective until at least thirty (30) days after receipt by/he
CITY of written notice thereof; provide that the insurer will have no right of subrogation against the
CITY, Navy, and its officers, agents, employees, or contractors; and be reasonably satisfactory to the
CITY in all Other respects. Coverage provided by a carrier shall be by admitted insurers with A.M.
Bests Key Rating of at least A VII.
BURNS shall, provide insurance coverage on all owned property (e.g., personal,
equipment).
7. INDEMNIFICATION
7.1' BURNS shall defend, indemnify, and hold .harmless thc CITY, the Navy, its officers, and
employees from and against any and all actions, suits, proceedings, claims, demands losses, costs,
and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons,
for damage to property, including property owned by the CITY, and for errors and omissions
committed by BURNS, its officers, employees and agents, arising out'of or related to BURNS'
SI2CI.,II~:i'I'Y SERVICI~S AGRi.:EMI:NT
performance under this Agreement, except for such loss as may be caused by CITY's own
negligence or that of' its officers or employees.
7.2 The obligations created by subsection 8.1 above with respect to indemnifications shall
survive the expiration or termination of' this Agreement.
8. TERM
_ _ II
Providing the Cooperative Agreement is in effect, this A~eement. shall commence at
8:00 a.m., July 1, 2001, and shall extend for a period of' approximately twelve (12) months, until
8'00 a.m., July 1, 2002, unless terminated sooner or renewed annually in accordance with the
provisions set forth herein, if a Cooperative Agreement between the Navy and the City is not in
effect as of 8:00 a.m. on July I, 2001, this Agreement shall be effective as soon as the Cooperative
Agreement becomes effective.
9. TERMINATION
Except as provided otherwise under this Agreement, either party may terminate this
Agreement, without Cause, by giving written notice to the other party at least thirty (30) days prior to
the date of termination. The CITY may terminate this Agreement upon fifteen (15) days written
notice to BURNS, if the Navy fails to make payment to the CITY pursuant to the Cooperative
Agreement, or otherwise fails to make funds available to the CITY for provision of security sen'ices
['or the MCAS Tustin Service Area. In the event of' termination o~' the Agreement pursuant to this
Section 10, the CITY will be obligated to pay BURNS for sen, ices rendered pursuant to this
Agreement to and including the effective date of termination. Payment for any portion of a monthly
period shall be pm-rated.
10. RENEWAL
Prior to the expiration o1' the term of this Agreement, the parties hereto may renew this
Agreement as follows:
·
A. The CITY shall provide, written notice to BURNS within sixty (60) days prior to the
expiration of this Agreement of its desire to renew this Abn'cement. The notice should include the
term of the renewal for which the CITY is requesting.
B. Upon receipt of thc CITY's written notice, BURNS will prepare a written estimate of
costs and service levels.
11. E~..FQRC.EMENT OF AGREE~.I'ENT
11.1 Disputes. in the evcnt of any dispute arising under this Agreement, the injured
party Shall notify the injuring party in writing of' its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder, so long as the injuring party cures
any .default within ninety (90) days after sen,ice of' the notice, or if the cure of the default is
commenced within thirty (30) days after service of said notice and' is cured within a reasonable time
after commencement; provided that if the default is an immediate danger to the health, safety and
SECtJRi'I'Y SF. RV1CES AGRI.:I!MF. NT
p^c;~.- 7
general welfare, thc CITY may take. immediate action under Section 12.4 of' this Agreement.
Compliance with the provisions of this Section shall be a condition precedent to any legal action,
and such compliance shall not be a waiver of any party's right to take legal action in thc event that
the dispute is not cured.
11.2 Waiver. No delay or omission in the exercise of' any right or remedy of a non-
defaulting party on any default sh',dl impair such 'fight or remedy or be construed as a waiver. No
consent or approval of the CITY shall 'be deemed to waive or render unnecessary CITY's consent to
or approval of any subsequent act of BURNS. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision of
this Agreement.
11.3 Rights and Remedies are Cumu.i. ativc. Except with respect to rights and remedies
expressly declared to be exclusive 'in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for thc same default
or any other default 'by the other party.
11.4 Legal Action. In addition to any other rights or remexlies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages lbr any
default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory
judgement or any other remedy consistent With the purposes of this Agreement.
11.5 Attorneys' Fees. If either partY commences an. action against the other party
arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable, attorney's fees and costs of suit from the losing party.
12. ~C.ITy QFF..,I,C.. ERS AND EMPLO...Y..E.ES~ NON-DISCRI~.I.,I. NATION
12.1 Non-Liability of City Officers and Employees. No officer or employee of' the
CITY shall be personally liable to BURNS, or any successors-in-interest, in the event of any default
or breach by the CITY or for any amount which may become due to BURNS or its successor, or for
breach of' any obligation of the terms el'this Agreement.
12.2 Covenant Against Discrimination. BURNS covenants that, by and for itself, its
heirs, executors, assigns, and 'all persons claiming under or through them, that there shall be no
discrimination or segregation in the performance of or in connection with this Agreement regarding
any person or group of persons on account of race, color, creed, religion, sex, marital status, national
origin, ancestry. BURNS shall take affirmative action to insure that applicants and employees are
treated without regard to their race, color
13. I~HSCELLANEOUS P. ROVISIONS
_
13.1 Notices. All ' notices, transmissions, Correspondence, reports, official
communications, and/or statements authorized, made under, or required by this Agreement shall be
in writing and shall be delivered by hand, facsimile transmission', or by U.S. Mail, First Class
postage prepaid, to the other party at the address or facsimile transmission telephone number set
SEC;t."RITY SI.RVICES A(]REEMI:'N'I;
PAGI,. - ~
forth below. Either party may change its address by 'notifying the other party of the change' of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of
mailing ifneeded as provided by this Section.
BUI~N S INTERNATIONAL
SECURITY SERVICES:
A! Arakawa
Manager of Business Development
1530 E. First St., Suite 120
Santa Ana, CA · 92701
(714) 245-6800
CITY:
Christine Shinglcton
Assistant City Manager
MCAS Tustin Team Manager
City of Tustin
300 Centennial Way..
Tustin, CA 92780
Steve Foster
Chief of Police
City of Tustin
300 Centennial Way
Tustin, CA 92780
14.2 .lntem'ated Agreement. This Agreement contains all' of the agreements of the
panics and cannot be amended or modified except by writte~i agreement.
14.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing.
14.4 Severability: In the event that any one or more el'the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be.declared invalid'or unenforceable by
valid judgemem or decree of a court or competem jurisdiction, such'invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, para~aphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
14.5 C...o..rporat. e Authority. The persons..executing this Agreement on behalf of the
~parties hereto warrant that they are duly authorized to execute this Agreement on behalf of Said
parties and that by doing so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
14.6 Change of Circumstances. Each party will promptly notify the other party of any
legal impediment, change of circumstances, pending litigation, or any other event or. condition that
may adversely affect such party's ability to carry out any of ils obligations under this Agreement.
14.7 .Third Party Beneficia..ries. The parties agree that the provisions of this Agreement
are not intended'to directly benefit, and shall not be enforceable by any person or entity not a party
SECI:RITY SERVK;'ES AGREEMENT
to this Agreement. By entering into this Agreement, neither party waives any of the immunities
provided under state or federal law.
IN' WITNESS WHEREOF, the parties hereto have executed this Agreemem on the day and year first
va-itten above.
B L'RNS INTEILNATIONAL
SERVICES
SECURITY
DATED: By:
By:
"crfY OF 17JSTEq", a municipal corporation
DATED: By:
Christine A. Shingleion
Assistant City Manager
APPROVED AS TO FORM
CITY OF TUSTIN
DATED:
By:
Lois Je£fi'ey
City Attorney
C A S:k d".M CA S' agreemen ts.B u ms...doc
SI'!CURITY SERVICES AGREE.MEN l'
~,..xn;: 1 ()
EXHIBIT A
SCOPE OF SERVICES
EXI-IIBIT A
SCOPE OF SERVICE.
S ecuri~' gu~d service shall be ~ro~.ded with ther,.q,~.zr~men'L- '~: = .~ ~ soecified', ne.~.m. ~'-' S~.o "~- w~.,.:'"' be
performed in those areas md f~ci!ifies desimated. . (re, er' ~o building inventory, lis.-., Aua,~m-n~n~ ~ ~' - * !).
S~4ces n-my be modified ~.o best meet the needs of fi~e MCAS_'"' site at thc ~:~:~:on':-~---' of :i'.e Circ..
.... · .
GENEP,.~J. P~Q~MENTS. S,.~u,,~ Guard protection s~ice
s,,ak be provided ~o
det~ ~d repc~ occu~cuces of.~csp~s, ~~, v~dalism, ~d
activities occ'~g ~dqin ~¢ pe~mctcrs of MCAST. At a ~~um, conduc~
req~em~.~s m confo~~ce wi~h ~e CiV of ~usun Police DeDm~m~i (CTPD)
s~mdar~ ~d reEula~ons, ~oplicable publications, codified ~dus~,
rcco~cnded practice for sec~~- persormel. Vendor shall pro~de adcqusm s~oervision
of sec~7 se~ce employees at aH ~es. The super4sors ~n~l ensue
m~ed .~ req~ed. S'~e~dsow perso~el ~ ch~-Ee c~' wo~ under t~s ~.t_o..~=~ ~ ~ shall be
zv¢ilable a~ all ~es ~o receive and i~oiemen~ orders or special ins~ctio~ qoncem{ng
ma~ers ~at affect ~ operatipn~ pro;ecdon and ~- '
s~un7 o~ MCAST.
Chin% ~ciud~ d~e ~e df d~e-Post Supe~iso;s; md ~e orgmuization ¢%r post
m~ed sh~! be i~edistely prow~ded to ~e CS0. ~ne settees requ~ed huclud¢
following:
l)
De,er ~md rcpor~ unauthorized personnel or vehic,a!ar enu?' into areas asst,,ed.
2)
Safeguard, mo~J.:or and r¢port incidents of 'damage, pilferage, remove,
destraction, mimzs¢, larceny, ~.heft or other Lmproper or unlawful ~hzeats to, or
disposition of,. Gov¢mmcnt or person~.prope,~, or ~cts of s~oo~a~,,, or ~vong_~al
des~ucfion wi~n :he assigned areas.
4)
Keport uhe occm-rencc of fires, explosior,.s, co!l~pses, and oti~er catzs~ophcs. Ln
such au event, the Caret~qer shall summon appropriate response forces and 5nun
notify. Ci~ p~,sonnel. Assist Ln m'Luhr~izing .the effcc.:s m~.d m restoring ~e area to
a safe secure condition.
·
Safc_m.'.ard p=sonnct, deter the commission of crimes against persons, sun',..-non
appropr/zt¢ response forces, and assist uhos~ reSOonse ¢, - ~ ~- "-'
.0'- ¢~S &5.
· .
Provide .proper documentation mud ~'¢po~s of ~!! incidents. Pass r¢!evmn~.
ins%m:a:ion. ¢o zel!c~E gu~d. ~ovide md m~nm~ st = "' '
_ ~z~,~ gu~d pos;
copies o~post ord~s. ~ *
. .n~ Ci~ r¢se~'¢s ~ke ~~ to ch~ge post orders provided
such ch..g: docs not affect ~c cos~ of ~¢ -~-=~=-* Special Ordcr~
t¢~ or one-dine ch~ges.
Appendix 1
P a C-..e I
B.
C,
D,
MATEr'S AND EQUIPM~W Th~ Vendor shall orovid~ ~11 e=~,~.o~: and
~.
mate.dais. The City=ay inspect equ~rnem and mmerial for adequacy and compim.'a.uce.
!)
2)
UNIF0~M..S.: All securiV = ~ - o-< '
_._ ~:up.oy~. shall main:zin a neat and professional
Uni,o~.s sha~l ¢o~=!y wi'&. ~ose requirements as ~ ..... .
C~D for scc'~fi~y *- -~ ·
v,.nAP. O~_'_S: Ckdy thcs. weapons as approved snot pe.~.i~ed by fac CTPD shall
be used by ~a~d force persom~¢l.. ~ use of fizc~s is no~r~q~,.~d. ~ --:r- A cooy. of
each p.e~t, ~fi~. ~e hold~'s qualification, s, will be provided to th~ CTPD if
recfuested. ~1 ~~ds, s~e~'isors, and m~zgers shall c~ ~h¢~ pe~its on thek
person while on. duty. ~y offici~ bond = ,~ - ' -'
r~qu.r~d to the automation ~or mc
~~ of ~uy official bond .¢¢qu~ed to *~e au~o~za~on for ~e ~~ug of any
¢mploye~s ~.~ag~d ku pro~~ug services specified und¢: this a~eemem sha~! b~
in ¢ccord~uc¢ ~.~h CTPD. ·
4)
yEHICI..:ES: Each vehicle fnali comply v, fith CTPD Standards for sccufir¢
veh;.cles. All Vinicles shall b~ kep.: L-.. ~ safe ~.- -:,,c, ~
op~,¢.~,.= condition. All reel, o'.'!,
lubricants, and maiu:enanc~. .arc the --,,~,,,'"~"'~"-'o. respons~bilib'. Unless othem.ise
a~oroved by the "~
.. Cz~y, no f~:.ing or maimenanc~ shall be perfo .treed at zhe site.
All vehicles shall b~ clearly identifiable and unifo..'~, in ~ppem-anc~. Ail gum-ds
shoed be supplied v~'ith a vehicle.
·
·
'_C. OM'M-t_I:N.-ICATION$: The Vendor shall provide all n~c~ssa.ry communications
equipment. As a talcum, each security ~uard sh~l be supp!ied wir2~ a hand-
held unit, which is .equal to mud will be compatible with thc sys¢cm d~scfibed iu
Artac~-.,~nt 2.
RECOP,_DS .~N-D SCHEDIiL]~S. Mainta~ the Da/-iy Guard Rcpor[ (du~' roster mud pos;
ass;.~mur.¢n.:s), Sec,uti.tv Call Shc¢~, (a!l ~ards, sup,e~sors, manager) -o _-, Suoer,:isors.
o ~. 0~,. .
Log: and o~er such ~ppropH~-~¢ records to ensure tho proper, tim¢iy, and
oporto:ion of those, azo~ ..of respons~ilir}.,. Copies of emcb_ of these records w':!i be
provide.d to ~¢ Ci%' by 0700 Of rlu~ n¢~ working da}'.
·
PE. RSON.-NEL R~QLqR35ME. N~S. The V~dor shah maintain satisfactory s:andards of
employee competency, conduct, and appearmnce. Each employee is expected ~o adhere to
st~d~ds ~ ~szaohsn~a by CTPD. As a m~Mmum, ~~ng ~h.:! me~t th~ requk~m~s
of OPNL~V~ST 55S0.14B. Th~ Gove~m~nt reserves C~ Hgh~ to dkect ~e V~ndoz to
r~.ove ~ employee~om" ~e' ~or~' ' m~'~ ~cr ~opro=Hate ~oe~~ce or conduct. ~ne
Vendor ~ka!! .i~dato '~mediat~ ~:fion to r~lace ~;ch ~'~mpioyee ~ud ~o maima~
cont~uiE~ of'se~c¢s az no a~u.houa, cost to Gove~m¢nt.
.
A~?pendlx I
~a~e 2
F.
2)
1)
·
direcled. I~ is cxprzsslv ~derstood ~m gu~d personnel ~e seemed' pa~o~s only [nc no~
~end:d 'as z police agzncy. In~Edual conduct sha5 be. as defined by thc CTPD. Th=
use of deadly forc~ by personnel' taus: be._~ ~ccord~c~ ~m ~ ' ~e g'~d~iines s~ by ~zvy.
Pzzro] j~s~ction bo~d~Ees is ~zt ~ estzb!ished by CTPD.
.
WO~ ~QL~MENTS. T~=s of se~ce or posls p]mmned ~e Roving P~ois, and
s~, ,_o~=. Scr~Eccs or post m~ning rosy bo reqmrea for z ~a!] 24-hour
pe~od or 3 ~hi,= s=~'cn (7) days z we~k. No
news media or oo~m~W in - '
reg~es ~o events or occu=ences at tb2s ack,Sty. .~1
~q~qes sMil be d~ected to iq= CID'. At no.~c shall a post be ie~ mmmmned or
ab~doned. Ref= to A~ac~en: 3 for posl
ROVENG PATR. OL.PD.-NCTION: The roy:rog pat. ol ~anction inc'.,udcs bo.~., foot
~d motorized patrols.
· Perimeter. Once every bvo (2) '~
. ,ou.-~-, ~ cheek sha]~., b~-~-'~~:..~.~ of ~e ~n~-~.._ ~
perimeter to detezt muau~ho~zed en~' (aue~o~ed or ac~). Rou~es shall be
v~ed ~ order nor to esmb!ish a set panem.
· Build~g.~quipm~nt >;-'
C,.~.~s. S~,,~-, checks ~hall be made ~veW six
· .
ho'~s of ail builMngs and p~eces of equipmen; (leashed fac,,,ues not included)
at MCAST. ~~. such checks ~e primely ~o d~t¢ct unsecured ~,,~~;*:-~,:~. the
pa~ol shall also ~~e~at¢!y rcpo~ ~x~, flood~g, or ozh= condition
could resuk in d~ag¢ io bui!d~gs/cquipment or ~j'm~es to persomu¢l.
~t¢fior s~c~ty checks shal! be pczfo~ed on ~.n oercenz of a!l z~oi~i¢s ~_d
buildings_ d~ng rou~ne pa~rois. Additionzlly, ~. m~.,.or s-~u,,~ ~.,~ sh~!l
be p~fom=d .whenever ~= Lnte~.~ of ~nv building, stmct~e,
equipment, has been co~oromised. ~epo~s of ail ~cldcms :~.a.~ -~- 1' b~ provided
to ~e V~dor mmuag~r mud doc'~cnted in th~ d~!y log for Cis' review.
· CaraCOling ~~gs. Locked gates or buildkugs shall b~ opened
re~onse ~o mn authorized recuest, at ~y z~e. A record of a!l =at,,%u.l~nme= ,..-q' ~: -
oper~ngs ~,zli be included.~ ~e d~!y r~on icg.
ENTRY/EXIT GATE oPERATIONS.
· .Entry. Control. De:er ,,-~,~:.~.~,-i?~a -~
........... = pe..o,~,.., property, or vehicles ~om entering 5nto
MCAST. ~ly ~ose Ndividuals wi~h a ne~d to'o~ Cooed sh~l b= a..ow~d~ '~ access. A
'ne~d :o be ~o~d is defined as an in~dua! wi~ mn approved work
authorized access Ieuer ~om the BK~CO,~c~:= - or the Ct%', or is ~c!uded on a
pos: access list. During ~c t~,~ periods pos~s ~: nor m~mcd, thc pos:s shall be
considered pm~ of the p--f.~cter ~d comroli~d by ~h: rovhug pz~o!.
1
· H~t Con~o,. E~~: that auv oerson(s) z=~oting ~o .~ Gove~~r.~ prope~'
MCAST i~s a valid propc~ pass issued by ~.e Ci~'. ~ general, prope,cy '~SH no: be
autho~z~d: -
· o. removal ~om -~e '-~'~ ~" . =a~nc
~=lauoz Clos= ~d lock ~tes to oufoo~.d '-
,~p...endix .
aud make ~.n all secure r~ort in ~ securi~' log ~dthin.- '.thr~c rr. Luutes of notification
of the shir~ supe~'isor, ~,c City or compledou of ~e pos~ shi~. Dcten.fion or searches
ofvemclcs shall be in accordance wifn CTPD .,~o~uladons
EXHIBIT B
MCAS TUSTIN SERVICE AREA
EXHIBIT C
SPECIAL REQUIREMENTS
SP.ECIAL REQUIREMENTS
1. Advance_ Agreements,.on,,,..,the Allowability of Cost
No cost incurred by BURNS which is contrary to any restriction, limitati°n, or instruction
contained in thc Budget in Attachment B of' this Agreement, or which otherwise has not .been
specifically approved in writing in advance by the CITY, will be allowable.
2. Governing Regulation.
This Agreement shall be enforced and interpreted in accordance with the Federal law and
regulations, directive circulars, or other guidance cited in this Agreement. This Agreement will be
administered according to 32 CFR Part 33, Uniform Administrative Requirements for Grants and
Cooperative Abn'eements, OMB Circular A-102, Grants and Cooperative Agreements with State and
Local Governments, OMB Circular 87, Cost Principles for State and Local Governments and DoD
3210.6-R, DoD Grant and Agreement Regulations. in the event of a conflict between the provisions
.of this Agreement and the regulations, the regulations.will govern.
3. Nondiscrimination.
BURNS agrees that no person, on the grounds of race, religion, color, national origin, sex
or handicap, will be denied benefits of, or'otherwise be subjected to discrim/nation in connection
with BURNS' performance under this Agreement. Accordingly, BURNS covenants and agrees to
comply with the following to the 'extent applicable'
A. Title VI of the Civil Rights Act el' 1964 (42 U.S.C. §§ 2000d, et seq.) and DoD
regulations (32 CFR Part 300) issued thereunder;
g~
Part 60)
Executive Order 11246 and Department o1' Labor regulations issUed thereunder (41CFR
C. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and DoD regulations
issued thereunder (32'CFR Part 56); and '
D. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101, et seq.) and implementing
regulations issued thereunder, as incorporated in 45 CFR Part 90).
4. .D_mgrFree Work Place
A. BURNS shall comply with the provisions of the Drug-Free Work Place Act of 1988 (41
U.S.C. §§ 701, et seq) and maintain a drug-free workplace. ·
B.' Thc Final Rule, Government-Wide Requirements for Drug-Free Workplace (Grants),
issued by the OMB and the DoD (32 CFR part 25, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988, is hereby incorporated by reference, and BURNS covenants and
agrees to comply with all thc provisions thercof, including amendments to the Final Rule which may
herealter be issued.
5. _Eh. yironmental Protection
A. BURNS agrees that its performance under this Agreement will comply with all applicable
Federal, State, or local em:ironmental laws and regulations, including, but not limited .to' the
requirements ofthe Clean Air Act (42 U.S.C..§§ 7401-7671q.) and Section 308 of thc Federal Water
Pollution Control' Act (33 U.S.C. §1318), which relate generally to inspection, monitoring, entry
reports and information, and with all regulations and guidelines issued thcrounder; the Resource
Conservation and Recovery Act ("RCRA," 42 U.S.C. §§ 6901, er seq.); the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA," 42'U.S.C §§ 6901, et seq.);
and thc National Environmental Policy Act ("NEPA, "U.S.C. §§ 4321, et seq.).
B. BURNS will indemnify and hold harmless the CITY from any costs, expenses, liabilities,
fines, or penalties resulting from BURNS direct actions resulting in discharges, emissions, spills,
storage, disposal, or any other action by BURNS giving rise to CITY liability, civil or criminal, or
responsibility under Federal, State or local environmental laws incident to this Agreement.
Conditions or activities giving rise to the aforementioned liabilities which occurred prior to the onset
of this Agreement, and are not a result of, .or related to any action by BURNS, are not subject to this
indemnification. This provision will survive the expiration or termination of this Agreement and
BURNS' obligation hereunder will apply whenever the CITY incurs costs or liabilities for BURNS'
actions of the type described in this subsection.
C. BURNS understands and agrees that them may be ongoing InstallatiOn Restoration
Program (IRP) projects or other Navy activities in support of environmental cleanup or disposal
operations at MCAS Tustin. BURNS agrees to cooperate to the extent necessary in suppo~ of these
operations, and will not inlcrfere with or hinder any such operations by the Navy.
6. Physical Security
BURNS will be responsible for safeguarding all Govemment'property provided for
BURNS use or care. At the close of each work period, Government facilities, equipment and
materials will be secured as appropriate.
A. .Key Control. BURNS with assistance from CITY and CITY's contractors will develop
and implement a key control system with which BURNS will maintain and control all keys,
combinations and other devices used to control access to buildings, secured spaces or restricted areas
related to this Agreement. Unless directed otherwise by thc CITY, BURNS will prohibit thc use of
keys by any person other than BUR_NS' employees or subcontractors. BURNS will prohibit the
opening el'locked areas to permit entrance of persons other than BURNS' employees engaged in thc
performance of assigned work in those areas, or as required to promote reuse of the property. In the
event another party will be granted continuing access to facilities, BURN'S will be advised in writing
by the CITY of specific instructions pertaining to the access rights.
'B. property Control There will be personal property, supplies and materials left in a
number of facilities after Base closure. BURNS is not authorized to use any of this personal
property without specific written permission of the CITY and will make every effort to assist the
Government in safeguarding and ~roteeting this property.
7. Safety
BURNS will ensure all ..employees know, receive instructions on, and Comply with all
appropriate safety requirements, Occupational Safety and Health Administration (OSHA) standards,
and all state and local laws and regulations related to this A~eemcnt. BURNS will record and
report promptly to the CITY all' available facts relating to each instance of damage to GOvernment
property or injury to either BURNS subcontractor, or Government personnel related to this
Agreement. Copies of accident reports will be provided to the CITY.
EXHIBIT D
COMPENSATION
Pa~ _vm__cnt for Security S..en, ices
I) As custodian for the services, BURNS will invoice thc CITY based on a time and
materials cost not-to-exceed S341,853 annually.
EXHIBIT .D
COMPENSATION
EXHIBIT D
COMPENSATION
Thc budgetary estimate proVided reflects the minimum level of"Guard Sen4ces" as required to
protect assets, resources, and persons at MCAS, Tustin as stated in the RFP.
B udgctar,v...Estimate
The methodology for calculating compensation is as follows:
1) Start-Up costs' None
2) Operating Cost: ~. Monthly Annua!
a. E. quipment & Supplies
Communications (3 Nextel radio phones)
Vehicle, Maintenance, Fuel, Repairs
Office Supplies/'Pfinting
Subtotal
419 5; 5,028
2,897 34,764
I O4 1 ;248
3,420 $ 41,010
b. La. h0r Costs*
Post #1 Roving Patrol (8,760 hours/year)*
Post #2 Roving Patrol (8,760 hours/year)*
Post #3 Gate Guard (3,756 hours/year)*
Subtotal
S 10,315 $123,779
10,315 123,779
4,440 53,285
$ 25~070 $300~843
*To be billed at $13.79/hr. except fully
burdened monthly holidays which are
assumed per information provided by
BURNS. It is assumed that there will be
6 holidays x 24 hours (ea. Patrol) a day
al holiday pay el' $20.69/hr.=S2,979;
and 6 days x 12 hours (gate guard) a day
at holiday pay of $20.69/hr.=$1,490.
TOT,-M. $ 28,490 S341,853
1) Labor. The number of man-hours has been determined per Appendix 1 and the number
of guards required has been calculated.
2) Material. Caretaker's subcontractors' procurement policies will be based upon a "three
quote" system.
3)
Gate Guard may be terminated by the Navy upon seven days written notice.