HomeMy WebLinkAbout05 MCAS SECURITY BURNS 04-21-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
5
MEETING DATE:
APRIL 21, 2003
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
REDEVELOPMENT AGENCY STAFF
SECURITY SERVICES AGREEMENT WITH BURNS INTERNATIONAL TO
PROVIDE CONTINUED SECURITY SERVICES AT MCAS TUSTIN
SUMMARY
Tustin City Council approval is requested to extend the term and modify compensation of
the existing Security Services Agreement between the City of Tustin and Burns
International Security Services to provide continued security services for City of Tustin
owned/leased property at the former Marine Corps Air Station (MCAS) Tustin.
RECOMMENDATION
Authorize the City Manager or Assistant City Manager to execute a Security Services
Agreement between Burns International Security Services and the City of Tustin to provide
necessary security services at MCAS Tustin, subject to final contract review by the City
Attorney.
FISCAL IMPACT
Annual City of Tustin costs are not anticipated to exceed $252,955. This cost may be less
in the event that the City conveys portions of the former MCAS Tustin property to other
entities and the service area is subsequently reduced. Funding through the end of this
fiscal year (June 2003) has been appropriated in account 18-805-6732 and proposed
contract expenses will be included in the City's FY 2003/04 Annual Budget. City and
Redevelopment Agency staff will be responsible for contract administration.
BACKGROUND/DISCUSSION
MCAS Tustin formally closed on July 2, 1999. On May 14, 2002, the Department of Navy
executed an Agreement with the City of Tustin for approval of an Economic Development
Conveyance (EDC) transferring approximately 977 acres of property at the former Marine
Corps Air Station (MCAS) Tustin to the City by deed and an additional 176 acres by a
Lease in Furtherance of Conveyance (LIFOC).
City Council Report
Security Services Agreement
April 21, 2003
Page 2
The City of Tustin recognized that it would be in the public interest and foster
redevelopment if we participated in the protection of MCAS Tustin facilities until the
property could be conveyed to others. Consequently, the Tustin City Council authorized
staff to execute a Security Services Agreement with a private security service contractor to
provide the City with security services for MCAS Tustin during Fiscal Years (FY) 2000-01,
2001-02 and 2002-03. Provisions of the Security Service Agreement provide for extension
of the 12-month term subject to agreement by both parties. The current agreement will
expire June 30, 2003.
In providing security services during the past fiscal year, the City has contracted with
Burns International, Inc. Burns International Security Services has done an excellent
job during this time. In preparing a proposal for the coming year, Burns International
was asked to consider recent State Budget and subsequent City Budget constraints and
have submitted a compensation schedule that provides the City with the same level of
service at only a 3% cost increase from last year's approved budget to cover a cost of
living increase and benefits package for its officers. This increase is consistent with the
Consumers Price Index (C.P.I.) that indicates that the national average annual increase
is currently 3.2%. Also, the cost to provide a Burns officer ($14.83 per hour) is
extremely equitable when compared to the cost associated with the option of assigning
a Tustin police officer ($40.25 per hour) to perform security at the base. The proposed
total cost of service for FY 2003/04 is only $7,841 (3%) more than the security service
costs approved in FY 2002/03.
Security service to be provided at MCAS Tustin would continue to utilize two roving patrols
at night, and one rover and one gate guard provided during the day, except weekends
when there will be one roving patrol and no gate guard. Roving patrols are typically
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 from 6:00 a.m. to 5:00 p.m., five days
per week. Security services will continue to be billed based on time and materials and will
not exceed the annual estimated cost of $252,955. It is expected that the contract amount
to be authorized could be proportionally reduced during the contract period as former
MCAS Tustin parcels are conveyed from the City to other entities.
CONCLUSION
To ensure that the security services contract can be executed before its current June 30,
2003 termination, staff requests City Council approval of the attached Security Services
Agreement.
Christine A. ShingletoQ..,,'
Assistant City Manager
Attachment 1: Security Services Agreement
Dana Ogdon
Program Manager
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 June, 2003, by and between
BURNS 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 California
(herein referred to as the CITY).
RECITALS
A. The Defense Base Closure and Realignment Commission recommended closure of
Marine Corps Air Station Tustin ("MCAS Tustin") located within the cities of Tustin and Irvine and
consisting of approximately one-thousand six hundred and two (1,602) acres of real property
together with the buildings, improvements and related and other personal property located thereon
and all rights, easements and appurtenances thereto. The President and Congress concurred with that
recommendation and MCAS Tustin was closed on July 1, 1999.
B. In accordance with the Defense Base Closure and Realignment Act of 1990, as amended,
the authority of the Administrator of General Services under the Federal Property and
Administrative Services Act of 1949, as amended, with respect to the disposal of surplus real
property at installations solely, hereunder, was delegated to the Secretary of Defense and further
delegated to the Secretary of the Navy ("Navy").
C. Pursuant to the power and authority provided to the Navy under the Defense Base
Closure and Realignment Act of 1990, as amended, and the implementing regulations of the
Department of Defense (32 CFR Part 175), the Navy has conveyed or leased portions of the former
MCAS Tustin to the CITY approximately 1153 acres of real property, easements, certain personal
property (fixtures, equipment and vehicles) and all utility systems serving the federal surplused
portions of the former MCAS Tustin, portions of MCAS Tustin being conveyed to other agencies as
public benefit conveyances, to the Army Reserve site, and to portions of MCAS Tustin intended for
sale by the Navy ("CITY SERVICE AREA").
D. The CITY, pursuant to a proposed Lease In Furtherance of Conveyance with the Navy
for approximately 176 acres of the former MCAS Tustin, is responsible for maintaining real property
and facilities and is also desirous of the same services for approximately 977 acres of property and
facilities (a portion of the former MCAS Tustin), certain easement areas and all utility systems at the
former MCAS Tustin (all within the CITY SERVICE AREA) upon NAVY'S lease or conveyance of
SECURITY SERVICES AGREEMENT
PAGE- 1
property and facilities, certain easement areas and all utility systems at the former MCAS Tustin to
the CITY.
E. To ensure that adequate operation, maintenance, and protection of the CITY SERVICE
AREA, CITY requires certain professional services and related services pending disposition of
property and facilities and utility systems to private and public utility providers within the CITY
SERVICE AREA by the CITY.
F. 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 BURNS shall provide continued and
uninterrupted security services to the CITY SERVICE AREA during an interim period following
base closure pending final disposition for the former MCAS Tustin.
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 OF SERVICES
1.1 BURNS shall provide to the CITY uniformed security guard services in
compliance with all terms and conditions of this Agreement and as specified in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by this reference, (the "services" or
the "work") to the territory of Orange County known as the CITY 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 (hereinafter referred to as the CITY SERVICE AREA). BURNS
warrants that all services shall be performed in a competent, professional and satisfactory manner in
accordance with all standards prevalent in the industry.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the CITY of
Tustin and of any federal, state or local government agency of competent jurisdiction.
1.3 Licenses and Permits. BURNS shall obtain at its sole cost and expense such
licenses, permits and approvals as may be required by law for the 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) have investigated the
site of work and become fully acquainted with the conditions there existing, (c) have carefully
considered how the work should be performed, and (d) fully understand the facilities, difficulties 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 fact and shall not proceed with
any work except at BURNS risk, until written instructions are received from the Contract Officer.
SECURITY SERVICES AGREEMENT
PAGE- 2
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 the 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 COORDINATION OF WORK
2.1 Representative of Consultant. 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:
David Huenergardt
(714) 245-6801
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 services 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 Dana Ogdon of the CITY assisted
by an on-site representative of JHTM, 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, JHTM and the City of Tustin Police
Department fully informed of the progress of the performance of the services and BURNS shall refer
any decisions on the Agreement which must be made by the CITY to the Contract Officer. Unless
otherwise specified herein, any approval of the CITY required hereunder shall mean the approval of
the Contract Officer.
2.3 The BURNS Principal identified in Section 2.1 shall meet with the Contract
Officer or designee, a JHTM representative and a selected representative from the Navy identified as
the Officer in Command-Caretaker Site Office (herein after referred to as OIC-CSO) at least
monthly, or as more frequently requested by the Contract Officer or the City of Tustin Police
Department.
2.4 The Contract Officer, JHTM and Tustin Police Chief, and OIC-CSO shall be
promptly notified of certain security events occurring within the MCAS Tustin Service Area other
incidents as designated by the Contract Officer or OIC-CSO in writing.
SECURITY SERVICES AGREEMENT
PAGE- 3
2.5 Independent Contractor. The CITY shall not be liable for the direct payment of
any wages or other compensation to any officer, employee, or agent of BURNS performing any
services under this Agreement. The CITY shall not be liable to any officer, employee, or agent of
BURNS for any sickness or injury incurred by such person in the course of performing services
under this Agreement. BURNS shall be solely responsible for all personnel actions relating to
BURNS employees utilized in the performance of this Agreement. The employees of BURNS shall
not be deemed employees of the CITY as result of this Agreement.
3. RECORDS AND REPORTS
3.1 The 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 reports or provide
information relating to this Agreement. BURNS agrees to provide such reports 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 services. The Contract Officer shall have full 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
access 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 CITY 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 Documents. All documents, specifications, records, documents and
other materials prepared by BURNS in the performance of this Agreement shall be the property of
the CITY and shall be delivered to the CITY 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 rights or CITY's
ownership of the documents and materials hereunder. BURNS may retain copies of such documents
for its own use. BURNS shall have an unrestricted right to use the concepts embodied therein.
3.4 Release of Document. All reports, records, documents and other materials
prepared by BURNS in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
4. COMPENSATION
4.1 Compensation. For the services rendered pursuant to this Agreement, BURNS
shall be compensated and reimbursed consistent with the specific cost line items and requirements
for 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 $245,114.
SECURITY SERVICES AGREEMENT
PAGE- 4
4.2 The cost contained in this Agreement shall represent the minimum level of
security services required to protect assets, resources, and persons planned to be located within the
MCAS Tustin 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 the next month following the month of service, submit to the
CITY an invoice for service in the form approved by the Contract Officer. The CITY shall pay
BURNS for all expenses stated thereon which are approved by the CITY consistent with this
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 be entered into to provide for revisions or modifications to the scope of
work, including but not limited to, a reduced level of service. BURNS acknowledges that the CITY,
within its discretion, may increase or decrease any specific line item or the maximum funding
amount reflected in Section 4.3, with seven (7) days notice to BURNS.
5. FURTHER OBLIGATIONS OF THE PARTIES
5.1 Facilities. A guard shack and/or office area at MCAS Tustin will be made
available to BURNS by the CITY for use by BURNS on or as soon as possible after the effective
date of this Agreement, at no cost to BURNS. BURNS will not be responsible for the structural
integrity of the aforementioned facility (e.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 the CITY with basic fixtures and furniture so as to
make such facility habitable and generally operational for use by BURNS as soon as possible after
the effective date of this Agreement.
5.2 Vehicles. One security patrol vehicle and associated equipment thereon will be
provided by BURNS under this Agreement. BURNS shall be responsible for all care and
maintenance. CITY shall provide fuel and maintain one vehicle to be used by BURNS in
performing the contracted service during the contract period.
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
SECURITY SERVICES AGREEMENT
PAGE- 5
liability under this Agreement, to afford protection with a limit of liability not less than two million
dollars ($2,000,000) against all claims for bodily injuries and death or damages to property resulting
from BURNS' negligent performance or willful misconduct in performing under this Agreement.
The minimum amount of liability coverage is subject to revision by mutual agreement of 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 this Agreement shall be in such form, for such amounts, for such
periods of time and with such insurers as the CITY may require or approve. The CITY's approval
shall not be unreasonably withheld. All policies and certificates issued by the respective insurers for
public liability and property damage insurance shall name the CITY 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 effective until at least thirty (30) days after receipt by the CITY of written
notice thereof; provide that the insurer will have no right of subrogation against the CITY, 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 the CITY, 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'
negligent performance or willful misconduct in performing 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 7.1 above with respect to indemnifications shall
survive the expiration or termination of this Agreement.
8. TERM
This Agreement shall commence at 8:00 a.m., July 1, 2003, and shall extend for a period
of approximately twelve (12) months, until 8:00 a.m., July 1, 2004, unless terminated sooner or
renewed annually in accordance with the provisions set forth herein.
SECURITY SERVICES AGREEMENT
PAGE- 6
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. In the event of termination of the Agreement pursuant to this Section 9, the
CITY will be obligated to pay BURNS for services rendered pursuant to this Agreement to and
including the effective date of termination. Payment for any portion of a monthly period shall be
pro-rated.
10. RENEWAL
Prior to the expiration of 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 Agreement. The notice should include the
term of the renewal for which the CITY is requesting.
B. Upon receipt of the CITY's written notice, BURNS will prepare a written estimate of
costs and service levels.
11. ENFORCEMENT OF AGREEMENT
11.1 Disputes. In the event 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 service 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
general welfare, the 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 the 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 shall impair such right 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 Cumulative. 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 the same default
or any other default by the other party.
SECURITY SERVICES AGREEMENT
PAGE- 7
11.4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for 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 Attomeys' 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.
11.6 Jurisdiction. This Agreement is made and entered into in the State of California
in the County of Orange and shall be interpreted in accordance with California law. The parties
agree that the exclusive venue for any lawsuit brought by either party regarding this Agreement shall
be Orange County, California.
12. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
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 of 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. MISCELLANEOUS PROVISIONS
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
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 if needed as provided by this Section.
SECURITY SERVICES AGREEMENT
PAGE- 8
BURNS INTERNATIONAL
SECURITY SERVICES:
A1 Arakawa
Manager of Business Development
1530 E. First St., Suite 120
Santa Ana, CA 92701
(714) 245-6800
CITY:
Christine Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Steve Foster
Chief of Police
City of Tustin
300 Centennial Way
Tustin, CA 92780
13.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
13.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing.
13.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
13.5 Corporate 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.
13.6 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 its obligations under this Agreement.
13.7 Third Party Beneficiaries. 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
to this Agreement. By entering into this Agreement, neither party waives any of the immunities
provided under state or federal law.
SECURITY SERVICES AGREEMENT
PAGE- 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
written above.
BURNS INTERNATIONAL SECURITY
SERVICES
DATED: By:
Title:
"CITY OF TUSTIN", a municipal corporation
DATED: By:
Christine A. Shingleton
Assistant City Manager
APPROVED AS TO FORM
CITY OF TUSTIN
DATED: By:
Lois Jeffrey
City Attorney
CAS:kdWICAS\agreementsXBums Int'l Security Services 03 draft.doc
SECURITY SERVICES AGREEMENT
PAGE- 10
EXHIBIT A
SCOPE OF SERVICE
EXHIBIT A
SCOPE OF SERVICE
Security guard service shall be provided with the requirements specified herein. Services will be
performed in those areas and facilities designated (refer to Exhibit B-1 and Exhibit B-2).
Services may be modified to best meet the needs of the MCAS Tustin site at the discretion of the
City.
m.
GENERAL REQUIREMENTS. Security Guard protection service shall be provided to
detect and report occurrences of trespass, theft, vandalism, and any other unauthorized
activities occurring within the City Service Area. At a minimum, conduct requirements
in conformance with the City of Tustin Police Department (CTPD) rules, standards and
regulations, applicable publications, codified industry standards and recommended
practice for security personnel. Vendor shall provide adequate supervision of security
service employees at all times. The supervisors shall ensure that each post is manned as
required. Supervisory personnel in charge of work under this section shall be available at
all times to receive and implement orders or special instructions concerning matters that
affect the operation, protection and security of MCAS Tustin. An Organization Chart,
including the name of the Post supervisors, and the organization for post is manned shall
be immediately provided to the City. The services required include the following:
1) Deter and report unauthorized personnel or vehicular entry into areas assigned.
2)
Safeguard, monitor and report incidents of damage, pilferage, removal,
destruction, misuse, larceny, theft or other improper or unlawful threats to, or
disposition of, Government or personal property or acts of sabotage, or wrongful
destruction within the assigned areas.
3)
Report the occurrence of fires, explosions, collapses, and other catastrophes. In
such an event, the Vendor shall summon appropriate response forces and then
notify City personnel. Assist in minimizing the effects and in restoring the area to
a safe secure condition.
4)
Safeguard personnel, deter the commission of crimes against persons, summon
appropriate response forces, and assist those response forces as required.
s)
Provide proper documentation and reports of all incidents. Pass relevant
information to relieving guard. Provide and maintain at each guard post sufficient
copies of post orders. The City reserves the right to change post orders provided
such change does not affect the cost of the agreement. Special Orders are short
term or one-time changes.
g.
MATERIALS AND EQUIPMENT. The Vendor shall provide all equipment and
materials. The City may inspect equipment and material for adequacy and compliance.
Exhibit A
Co
Do
Uo
1)
2)
3)
4)
UNIFORMS: All security employees shall maintain a neat and professional
appearance. Uniforms shall comply with those requirements as established by
CTPD for security personnel.
WEAPONS: Only those weapons as approved and permitted by the CTPD shall
be used by guard force personnel. The use of firearms is not required. A copy of
each permit, with the holder's qualifications, will be provided to the CTPD if
requested. All guards, supervisors, and managers shall carry their permits on their
person while on duty. Any official bond required to the authorization for the
arming of any official bond required to the authorization for the arming of any
employees engaged in providing services specified under this agreement shall be
in accordance with CTPD.
VEHICLES: Each vehicle shall comply with CTPD Standards for security
vehicles. All Vehicles shall be kept in a safe operating condition. All fuel, oil,
lubricants, and maintenance are the vendor's responsibility. Unless otherwise
approved by the City, no fueling or maintenance shall be performed at the site. All
vehicles shall be clearly identifiable and uniform in appearance. All guards
should be supplied with a vehicle.
COMMUNICATIONS: The Vendor shall provide all necessary communications
equipment. As a minimum, each security guard shall be supplied with a hand-
held unit, which is equal to and will be compatible with the system described in
Exhibit D.
RECORDS AND SCHEDULES. Maintain the Daily Guard Report (duty roster and post
assignments), Security Call Sheet, (all guards, supervisors, manager) Post Supervisors
Log, and other such appropriate records to ensure the proper, timely and efficient
operation of these areas of responsibility. Copies of each of these records will be
provided to the City by 0700 of the next working day.
PERSONNEL REQUIREMENTS. The Vendor shall maintain satisfactory standards of
employee competency, conduct, and appearance. Each employee is expected to adhere to
standards as established by CTPD. The City reserves the right to direct the Vendor to
remove an employee from the work site for inappropriate appearance or conduct. The
Vendor shall initiate immediate action to replace such an employee and to maintain
continuity of services at no additional cost to the City.
AUTHORITY AND JURISDICTION. The conduct and authority of security patrols is
that as authorized by CTPD, the laws of the state of California and shall be under a duty
by virtue of employment under this agreement to exercise that authority in the manner
directed. It is expressly understood that guard personnel are security patrols only and not
intended as a police agency. Individual conduct shall be as defined by the CTPD. The
use of deadly force by personnel must be in accordance with the guidelines set by CITY.
Patrol jurisdiction boundaries are that as established by CTPD.
Exhibit A
F.
WORK REQUIREMENTS. Types of service or posts planned are Roving Patrols and
Entry/Exit Gate services. Services or post manning may be required for a full 24-hour
period or 3 shifts, seven (7) days a week. No guard personnel shall make statements to
news media or community in regards to events or occurrences at this activity. All
inquiries shall be directed to the City. At no time shall a post be left unmanned or
abandoned.
1)
ROVING PATROL FUNCTION: The roving patrol function includes both foot
and motorized patrols.
· Perimeter. Once every two (2) hours, a check shall be made of the entire City
Service Area perimeter to detect unauthorized entry (attempted or actual).
Routes shall be varied in order not to establish a set pattern.
· Building/Equipment Checks. Security checks shall be made every six (6)
hours of all buildings and pieces of equipment (leased facilities not included)
within City Service Area. While such checks are primarily to detect
unsecured facilities, the patrol shall also immediately report fire, flooding, or
other condition that could result in damage to buildings/equipment or injuries
to personnel. Interior security checks shall be performed on ten percent of all
facilities and buildings during routine patrols. Additionally, an interior
security check shall be performed whenever the integrity of any building,
structure, facility or equipment has been compromised. Reports of all
incidents shall be provided to the Vendor manager and documented in the
daily log for City review.
· Gate/Building Openings. Locked gates or buildings shall be opened in
response to an authorized request at any time. A record of all gate/building
openings shall be included in the daily report log.
2) ENTRY/EXIT GATE OPERATIONS.
· Entry Control. Deter unauthorized personnel, property, or vehicles from
entering within City Service Area. Only those individuals with a need to be
aboard shall be allowed access. A need to be aboard is defined as an
individual with an approved work request, an authorized access letter from the
BRAC Office or the City, or is included on a current post access list. During
the time periods posts are not manned, the posts shall be considered part of the
perimeter and controlled by the roving patrol.
· Exit Control. Ensure that any person(s) attempting to take property from
MCAS Tustin has a valid property pass issued by the City. In general,
property will not be authorized for removal from the City Service Area. Close
and lock gates to outbound traffic and make an all secure report in the security
log within three minutes of notification of the shift supervisor, the City or
completion of the post shift. Detention or searches of vehicles shall be in
accordance with CTPD regulations.
mcas\agreementsXBums Int'l Security Exh A (2003).doc
Exhibit A
EXHIBIT B
MCAS TUSTIN SERVICE AREA
EXHIBIT B-1
EXHIBIT B-2
TECHNICAL EXHIBIT TE~,
MCAS TUSTIN BUILDING GUIDE
BLDG YEAR AREA PARCEL PROPOSED CARE.
NO. BUILT (SF) CURRENT USE NUMBER PROPOSED USE DISPOSITION LEVEL
BUILDINGS ON EDC PARCELS
176 1967 9,760 EAF/EOD ADMINISTRATION 4 COMMERCIAL DEMO 2
237 1967 TRANSFORMER PAD 4 COMMERCIAL TBD 2
527 1988 2,000 FLIGHT LINE SHELTER 4 COMMERCIAL DEMO 3
531 1988 800 WEATHER ANNEX 4 COMMERCIAL DEMO 3
532 1988 192 GENERATOR BUILDING 4 COMMERCIAL DEMO 3
571 1991 81 HAZARDOUS WASTE STORAGE 4 COMMERCIAL DEMO 3
572 1991 153 ~AZARDOUS WASTE STORAGE 4 COMMERCIAL DEMO 3
601 1992 100 HAZARDOUS / FLAM MAT'L LOCKER 4 COMMERCIAL DEMO 3
525 1988 45,890 HANGAR 5 COMMERCIAL BUSINESS DEMO 2
535 1988 AIRCRAFT WASHRACK 5 COMMERCIAL BUSINESS DEMO 3
536 1988 672 WASHRACK UTILITY BUILDING 5 COMMERCIAL BUSINESS DEMO 3
212 1972 3,700 ELEC/COMM MAINTENANCE SHOP 7 COMMERCIAL BUSINESS TBD 2
219 1976 384 EQUIPMENT STORAGE 7 COMMERCIAL BUSINESS DEMO 3
528 1988 4,935 ~DMINISTRATION BUILDING 7 COMMERCIAL BUSINESS REUSE 2
529 1988 15,000 SUPPLY BUILDING 7 COMMERCIAL BUSINESS REUSE 2
530 1988 5,029 COMMUNICATIONS/MAINT BLDG 7 COMMERCIAL BUSINESS REUSE 2
566 1988 1,760 LUBE RACK 7 COMMERCIAL BUSINESS DEMO 3
570 1991 144 HAZARDOUS WASTE STORAGE 7 COMMERCIAL BUSINESS DEMO 3
600 1992 400 HAZARDOUS / FLAM MAT'L LOCKER 7 COMMERCIAL BUSINESS DEMO 3
610 1985 GENERATOR WASHRACK 7 COMMERCIAL BUSINESS DEMO 3
611 1985 225 HAZARDOUS MATERIAL STORAGE 7 COMMERCIAL BUSINESS DEMO 3
195 1970 ACFT DIRECT FUELING STATION 8 COMMERCIAL BUSINESS DEMO 3
196 1970 ACFT DIRECT FUELING STATION 8 COMMERCIAL BUSINESS DEMO 3
197 1970 ACFT DIRECT FUELING STATION 8 COMMERCIAL BUSINESS DEMo 3
198 1970 DAY TANK ACFT FUEL STORAGE 8 COMMERCIAL BUSINESS DEMO 3
255 1984 700 REFUELER ADMINISTRATION 8 COMMERCIAL BUSINESS DEMO 3
552 1973 TRANSFORMER PAD 8 COMMERCIAL BUSINESS REUSE 2
508 1985 684 AIRCRAFT WASHRACK BLDG 10 COMMERCIAL BUSINESS DEMO 3
517 1985 AIRCRAFT WASHRACK 10 COMMERCIAL BUSINESS DEMO 3
520 1987 63,289 HANGAR 10 COMMERCIAL BUSINESS REUSE 2
581 1991 198 HAZARDOUS WASTE STORAGE 10 COMMERCIAL BUSINESS DEMO 3
599 1992 100 HAZARDOUS / FLAM MAT'L LOCKER 10 COMMERCIAL BUSINESS DEMO 3
267 1984 HAZARDOUS / FI_AM LOCKER 11 COMMERCIAL DEMO 3
556 1990 3,840 -IAZARDOUS / FLAM STORAGE 11 COMMERCIAL DEMO 3
595 1991 SEWER LIFT STATION 11 COMMERCIAL DEMO 2
6169 SEWAGE PUMP STATION 11 COMMERCIAL DEMO 2
182 1967 1,050 LINE MAINTENANCE SHACK 12 COMMERCIAL BUSINESS DEMO 3
190 1970 42,818 HANGAR 12 COMMERCIAL BUSINESS TBD 2
205 1967 SEWAGE PUMP STATION 12 COMMERCIAL BUSINESS DEMO 3
220 1977 675 ENGINE TEST CELL ADMINISTRATION 12 COMMERCIAL BUSINESS TBD 2
231 1968 4,022 ENGINE TEST CELL PAD 12 COMMERCIAL BUSINESS REUSE 2
241 1968 TRANSFORMER PAD 12 COMMERCIAL BUSINESS REUSE 2
250 1984 66,976 WAREHOUSE 12 COMMERCIAL BUSINESS REUSE 2
251 1984 13,770 GROUND SUPPORT EQUIP SHOP 12 COMMERCIAL BUSINESS REUSE 2
252 1984 10,755 GROUND SUPPORT EQUIP SHED 12 COMMERCIAL BUSINESS REUSE 2
269 1984 GSE LOADING RAMP 12 COMMERCIAL BUSINESS DEMO 3
273 1987 2,974 ENGINE TEST CELL 12 COMMERCIAL BUSINESS REUSE 2
537 1987 35,717 ENGINE MAINTENANCE SHOP 12 COMMERCIAL BUSINESS DEMO 2
Technical Exhibit (TE)-4
Page 1
TECHNICAL EXHIBIT TE~I
MCAS TUSTIN BUILDING GUIDE
BLDG YEAR AREA PARCEL PROPOSED CARE.
NO. BUILT (SF) CURRENT USE NUMBER PROPOSED USE DISPOSITION LEVEL
544 1989 2,005 RESTROOM FACILITY 12 COMMERCIAL BUSINESS DEMO 3
545 1989 91 SENTRY BOOTH 12 COMMERCIAL BUSINESS DEMO 3
546 1989 1,755 ELECTRICAL / STORAGE ROOM 12 'COMMERCIAL BUSINESS REUSE 2
555 1990 4,025 MECHANICAL BUILDING 12 COMMERCIAL BUSINESS REUSE 2
558 1990 FUEL ISLAND 12 COMMERCIAL BUSINESS DEMO 3
559 1990 LOADING RAMP 12 COMMERCIAL BUSINESS DEMO 2
560 1990 1,089 VEHICLE WASHRACK 12 COMMERCIAL BUSINESS DEMO 3
565 1989 TACTICAL VAN PAD COMPLEX 12 COMMERCIAL BUSINESS DEMO 3
568 1990 19,680 IMA COMPLEX 12 COMMERCIAL BUSINESS DEMO 2
582 1991 99 HAZARDOUS WASTE STORAGE 12 COMMERCIAL BUSINESS DEMO 3
585 1991 99 HAZARDOUS WASTE STORAGE 12 COMMERCIAL BUSINESS DEMO 3
586 1991 153 HAZARDOUS WASTE STORAGE 12 COMMERCIAL BUSINESS DEMO 3
591 1991 396 ~AZARDOUS WASTE STORAGE 12 COMMERCIAL BUSINESS DEMO 3
593 1990 SEWER LIFT STATION 12 COMMERCIAL BUSINESS DEMO 2
597 1992 100 HAZARDOUS / FLAM MAT'L LOCKER 12 COMMERCIAL BUSINESS DEMO 3
588 1991 81 HAZARDOUS WASTE STORAGE 13 COMMERCIAL BUSINESS DEMO 3
180 1967 1,050 LINE MAINTENANCE SHACK 14 COMMERCIAL BUSINESS DEMO 3
181 1967 1,400 .INE MAINTENANCE SHACK 14 COMMERCIAL BUSINESS DEMO 3
229 1960 755 ACFT WASHRACK 14 COMMERCIAL BUSINESS DEMO 3
244 1981 1,000 FLIGHT LINE SHACK 14 COMMERCIAL BUSINESS DEMO 3
543 1989 ACFT RINSE FACILITY 14 COMMERCIAL BUSINESS DEMO 3
551 1984 1,000 WASHRACK BUILDING 14 COMMERCIAL BUSINESS DEMO 3
583 1991 198 HAZARDOUs WASTE STORAGE 14 COMMERCIAL BUSINESS DEMO 3
598 1992 200 HAZARDOUS / FLAM MAT'L LOCKER 14 COMMERCIAL BUSINESS DEMO 3
29 1943 298,188 HANGAR 16 COMMUNITY CORE TBD 2
149 1963 517 VEHICLE GREASE RACK 16 COMMUNITY CORE DEMO 3
174 1967 1,240 WELDING sHop 16 COMMUNITY CORE DEMO 3
175 1967 384 PARTS STORAGE 16 COMMUNITY CORE DEMO 3
187 1970 1,200 PAINT & BLASTING SHOP (DECOM) 16 COMMUNITY CORE DEMO 3
204 1982 SEWAGE PUMP STATION 16 COMMUNITY CORE DEMO 3
233 1968 960 VEHICLE WASHRACK 16 COMMUNITY CORE DEMO 3
265 1984 300 ~AZARDOUS / FLAM LOCKER 16 COMMUNITY CORE DEMO 3
266 1984 300 HAZARDOUS / FLAM LOCKER 16 COMMUNITY CORE DEMO 3
507 1985 228 VEHICLE WASHRACK BLDG 16 COMMUNITY CORE DEMO 3
514 1986 1,800 STORAGE SHED 16 COMMUNITY CORE DEMO 3
515 1986 1,800 STORAGE SHED 16 COMMUNITY CORE DEMO 3
534 1988 CRASH CREW BURN PIT 16 COMMUNITY CORE DEMO 3
562 1990 2,363 WAREHOUSE 16 COMMUNITY CORE DEMO 3
569 1992 700 FPN-63 PAR SITE 16 COMMUNITY CORE DEMO 3
584 1991 153 HAZARDOUS WASTE STORAGE 16 COMMUNITY CORE DEMO 3
587 1991 153 HAZARDOUS WASTE STORAGE 16 COMMUNITY CORE DEMO 3
589 1991 153 HAZARDOUS WASTE STORAGE 16 COMMUNITY CORE DEMO 3
592 1992 180 GENERATOR PAD 16 COMMUNITY CORE DEMO 3
604 1984 AN/GMQ-13 TRANSMITTER 16 COMMUNITY CORE DEMO 2
607 1984 AN/UMQ-29 16 COMMUNITY CORE DEMO 2
608 1984 AN/GMQ-10 TRANSMITTER 16 COMMUNITY CORE DEMO 2
609 1984 AN/GMQ-10 RECEIVER 16 COMMUNITY CORE DEMO 2
29A 1943 941 STORAGE 16 COMMUNITY CORE TBD 2
3000T 1992 10,800 FREST ADMIN / CLASSROOM 16 COMMUNITY CORE DEMO 3
40B 1942 233 STORAGE 16 COMMUNITY CORE DEMO 3
Technical Exhibit (TE)-4
Page 2
TECHNICAL EXHIBIT TE-4
MCAS TUSTIN BUILDING GUIDE
BLDG YEAR AREA PARCEL PROPOSED CARE.
NO. BUILT (SF) CURRENT USE NUMBER PROPOSED USE DISPOSITION LEVEL
605 1984 AN/GMQ-13 RECEIVER 26 GOLF VILLAGE DEMO 2
590 1991 99 HAZARDOUS WASTE STORAGE 27 GOLF VILLAGE DEMO 3
596 1992 200 HAZARDOUS / FLAM MAT'L LOCKER 27 GOLF VILLAGE DEMO 3
606 1992 AN/FPN-63 MTI REFLECTOR 27 GOLF ~VILLAGE DEMO 2
39 WIND DIRECTION INDICATOR 28 GOLF VILLAGE DEMO 3
186 1970 10,765 VEHICLE MAINTENANCE SHOP 28 GOLF VILLAGE DEMO 3
540 1989 Hazardous Waste Storage Tank 28 GOLF VILLAGE DEMO 3
541 1989 PUMP STATION #1 28 GOLF VILLAGE DEMO 3
542 1989 PUMP STATION #2 28 GOLF VILLAGE DEMO 3
567 1990 2,400 He:,~rdous Waste Storage Pad 28 GOLF VILLAGE DEMO 3
23A 1942 1,370 BUNKER 28 GOLF VILLAGE DEMO 3
23B 1942 1,370 BUNKER 28 GOLF VILLAGE DEMO 3
6168 SEWAGE PUMP STATION 29 GOLF VILLAGE DEMO 2
23C 1942 1,370 BUNKER 29 GOLF VILLAGE DEMO 3
23D 1942 1,270 BUNKER 29 GOLF VILLAGE DEMO 3
23F 1942 2,520 BUNKER 29 GOLF VILLAGE DEMO 3
23E 1942 206 BUNKER 30 NEIGHBORHOOD PARK DEMO 3
Housing 1979 IRVINE PARK HOUSING 24 RESIDENTIAL DEMO 3
BUILDINGS ON VILLAGE EDC PARCELS
11 SEWAGE PUMP STATION (ABAND) 2 LEARNING VILLAGE DEMO 3
12 1942 1,500 SUBSTATION #1 2 LEARNING VILLAGE DEMO 3
13 1942 3,325 COMBINED FIRE/RESCUE 2 LEARNING VILLAGE DEMO 3
49 1942 1,800 FIREHOUSE ANNEX 2 LEARNING VILLAGE DEMO 3
185 1969 5,808 AUTOMOTIVE HOBBY SHOP 2 LEARNING VILLAGE TBD 2
230 1968 ACFT WASHRACK 2 LEARNING VILLAGE DEMO 3
240 1968 TRANSFORMER PAD 2 LEARNING VILLAGE TBD 2
509 1985 684 AIRCRAFT WASHRACK BLDG 2 LEARNING VILLAGE DEMO 3
199 1970 5,853 CHILD CARE CENTER 19 CHILD CARE CENTERS REUSE 2
547 1990 13,120 CHILD CARE CENTER 19 CHILD CARE CENTERS REUSE 2
2 1943 12,660 STATION SUPPORT 1 LEARNING VILLAGE REUSE 2
3 1943 5,700 AUDITORIUM 1 iLEARNING VILLAGE REUSE 2
4 1943 13,253 STATION HEADQUARTERS 1 LEARNING VILLAGE TBD 2
5 1943 22,466 ADMINISTRATION 1 LEARNING VILLAGE TBD 2
26 1945 3,803 CHAPEL 1 LEARNING VILLAGE TBD 2
77 --LAGPOLE 1 LEARNING VILLAGE REUSE 2
86 1953 14,531 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
87 1953 14,388 PHYSICAL FITNESS CENTER 1 LEARNING VILLAGE REUSE 2
88 1953 14,388 RELIGIOUS EDUCATION 1 LEARNING VILLAGE REUSE 2
132 1961 30,636 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
134 1961 30,636 ADMINISTRATION 1 LEARNING VILLAGE REUSE 2
159 1963 5,640 BOWLING CENTER 1 LEARNING VILLAGE REUSE 2
160 1963 BASKETBA~ i A/OLLEYBALL COURT 1 LEARNING VILLAGE REUSE 2
165 1965 7,520 CONVENIENCE FOOD STORE 1 LEARNING VILLAGE REUSE 2
166 1966 9,600 RETAIL STORE 1 LEARNING VILLAGE REUSE 2
167 1966 1,800 CAFETERIA 1 LEARNING VILLAGE REUSE 2
168 1966 3,200 SERVICE OUTLETS 1 LEARNING VILLAGE REUSE 2
177 1968 28,052 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
184 1969 22,007 ENLISTED MESS HALL 1 LEARNING VILLAGE REUSE 2
Technical Exhibit (TE)-4
Page 3
TECHNICAL EXHIBIT TE-4
MCAS TUSTIN BUILDING GUIDE
BLDG YEAR AREA PARCEL PROPOSED CARE.
NO. BUILT (SF) CURRENT USE NUMBER PROPOSED USE DISPOSITION LEVEL
189 1969 1,080 FLOWER SHOP 1 LEARNING VILLAGE TBD 2
191 1970 ACFT DIRECT FUELING STATION 1 LEARNING VILLAGE DEMO 3
192 1970 ACFT DIRECT FUELING STATION 1 LEARNING VILLAGE DEMO 3
193 1970 ACFT DIRECT FUELING STATION 1 LEARNING VILLAGE DEMO 3
194 1970 DAY TANK ^CFT FUEL STORAGE 1 LEARNING VILLAGE DEMO 3
209 1974 OUTDOOR HELICOPTER MONUMENT 1 LEARNING VILLAGE DEMO 3
225 1980 24 MAIN GATE HOUSE 1 LEARNING VILLAGE DEMO 3
227 1981 48,960 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
236 1973 TRANSFORMER PAD 1 LEARNING VILLAGE TBD 2
238 1967 TRANSFORMER PAD 1 LEARNING VILLAGE TBD 2
239 1968 TRANSFORMER PAD 1 LEARNING VILLAGE REUSE 2
246 1984 47,370 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
249 1984 768 HEATING PLANT BLDG 1 LEARNING VILLAGE REUSE 2
254 1984 700 REFUELER ADMINISTRATION 1 LEARNING VILLAGE DEMO 3
258 1983 117 NAVY RELIEF PAPER COLLECTION 1 LEARNING VILLAGE DEMO 3
278 1984 622 BASKETBALL COURT #1 I LEARNING VILLAGE REUSE 2
300 1943 21,170 MAG-16 HEADQUARTERS 1 LEARNING VILLAGE REUSE 2
303 1949 1,610 GENERAL STORAGE SHED 1 LEARNING VILLAGE DEMO 3
306 1949 100 HAZARDOUS / FI_AM STORAGE 1 LEARNING VILLAGE DEMO 3
505 1985 240 TELEPHONE SWITCHING CENTER 1 LEARNING VILLAGE REUSE 2
506 1985 360 GENERATOR / TRANSFORMER BLDG 1 LEARNING VILLAGE REUSE 2
514T CONTRACTOR TRAILER 1 LEARNING VILLAGE RELOCATE/DEM£ 3
524 1988 45,890 HANGAR 1 LEARNING VILLAGE REUSE 2
526 1988 1,672 UTILITY BUILDING SHED 1 LEARNING VILLAGE REUSE 2
539 1990 53,240 BACHELOR ENLISTED QUARTERS 1 LEARNING VILLAGE REUSE 2
549 1989 933 MECHANICAL ROOM 1 LEARNING VILLAGE REUSE 2
550 1984 TRANSFORMER PAD 1 LEARNING VILLAGE REUSE 2
561 1990 933 MECHANICAL BUILDING 1 LEARNING VILLAGE REUSE 2
563 1965 SEWER METER VAULT 1 LEARNING VILLAGE REUSE 2
573 1991 81 HAZARDOUS WASTE STORAGE 1 LEARNING VILLAGE DEMO 3
574 1991 153 -IAZARDOUS WASTE STORAGE 1 LEARNING VILLAGE DEMO 3
594 1991 312 PICNIC SHELTER 1 LEARNING VILLAGE REUSE 2
602 1992 100 HAZARDOUS / FLAM MAT'L LOCKER 1 LEARNING VILLAGE DEMO 3
603 1984 TRANSFORMER PAD 1 LEARNING VILLAGE REUSE 2
172 1966 2,520 BULK FUEL 1 CITY PARCEL TBD 3
213 1973 35,424 BACHELOR ENLISTED QUARTERS 1 CITY PARCEL TBD 2
218 1976 10,384 ENLISTED CLUB 1 CITY PARCEL TBD 2
245 1984 47,370 BACHELOR ENLISTED QUARTERS 1 CITY PARCEL TBD 2
279 1984 444 VOLLEYBALL COURT #1 1 CITY PARCEL TBD 2
538 1989 53,240 BACHELOR ENLISTED QUARTERS 1 CITY PARCEL TBD 2
Technical Exhibit (TE)-4
Page 4
EXHIBIT C
SPECIAL REQUIREMENTS
EXHIBIT C
SPECIAL REQUIREMENTS
1. Advance Agreements on the Allowability of Cost
No cost incurred by BURNS which is contrary to any restriction, limitation, or instruction
contained in the Budget in Exhibit D of this Agreement, or which otherwise has not been
specifically approved in writing in advance by the CITY, will be allowable.
2. 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 discrimination in connection
with BURNS' performance under this Agreement. Accordingly, BURNS covenants and agrees
to comply with the following to the extent applicable:
mo
Ce
Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. §§ 2000d, et seq.);
Executive Order 11246 and Department of Labor regulations issued thereunder
(41 CFR Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); and
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).
3. Drug-Free Work Place
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.
4. Environmental Protection
me
BURNS agrees that its performance under this Agreement will comply with all
applicable Federal, State, or local environmental laws and regulations, including,
but not limited to: the requirements of the Clean Air Act (42 U.S.C. §§ 7401-
7671q.) and Section 308 of the 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 thereunder; the
Resource Conservation and Recovery Act ("RCRA," 42 U.S.C. §§ 6901, et seq.);
the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA," 42 U.S.C. §§ 4321, et seq.).
Bo
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
Exhibit C
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 there 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 support of these operations, and will not
interfere with or hinder any such operations by the Navy.
5. Physical Security
BURNS will be responsible for safeguarding all City and/or Government property
provided for BURNS use or care. At the close of each work period, City and Government
facilities, equipment and materials will be secured as appropriate.
mo
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 the CITY, BURNS will prohibit the use of keys by any
person other than BURNS' employees or subcontractors. BURNS will prohibit
the opening of locked areas to permit entrance of persons other than BURNS'
employees engaged in the 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, BURNS will be advised in writing by the
CITY of specific instructions pertaining to the access rights.
Bo
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 for the CITY and will
make every effort to assist the CITY in safeguarding and protecting this property.
6. 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 Agreement. 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.
mcas\agreements~Bums Int'l Security Exh C (6-04-02).doc
Exhibit C
EXHIBIT D
COMPENSATION
EXHIBIT D
COMPENSATION
The budgetary estimate provided reflects the minimum level of "Guard Services" as required to
protect assets, resources, and persons only within the City Service Area at the former MCAS,
Tustin.
Budgetary Estimate
The methodology for calculating compensation is as follow:
1. Start-up Costs: None
2. Operating Cost: Monthly Annual
ao
Equipment & Supplies
Communications (2 Nextel radio phones)
Vehicle, Maintenance, Fuel, Repairs (?)
Office Supplies/Priming
Subtotal
$ 432 $ 5,128
$ 1,645 $ 19,740
$ 124 $ 1,488
$ 2,201 $ 26,412
bo
Labor Costs
Post # 1 and Post #2 Roving Patrol
(12,410 hours/year) (~;)
$15,425 $185,108
Post #3 Gate Guard (2,794 hours/year) ($)
Subtotal
$ 3,453 $ 41,435
$18,878 $226,543
TOTAL $ 21~079 $252~955
3. Labor. The number of man-hours has been determined per Exhibit A and the number of
guards required has been calculated.
4. Material. Caretaker's subcontractors' procurement policies will be based upon a "three
quote" system.
5. Gate Guard may be terminated by the CITY upon seven days written notice.
Payment for Security Services
1. As custodian for the services, BURNS will invoice the CITY based on a time and
materials cost not-to-exceed $252,955 annually.
(~') Vehicle will be provided, fueled and maintained by the City.
(:~) To be billed at $14.83 per hour 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 (each Roving Patrol) a day at holiday pay of $22.25/hr.=
$3,204.00. The Gate will not be open on holidays.
MCAS\agreements~Bums Int'l Security Exh D (2003).doc