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HomeMy WebLinkAbout11 SECURTA TUSTIN LGCY 06-06-05 AGENDA REPORT Agenda Item --11- Reviewed: t: City Manager Finance Director MEETING DATE: JUNE 6, 2005 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. TO PROVIDE CONTINUED SECURITY SERVICES AT TUSTIN LEGACY 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 Securitas Security Services USA, Inc., to provide continued security services for City of Tustin ownedlleased property at Tustin Legacy. RECOMMENDATION Authorize the City Manager or Assistant City Manager to execute a Security Services Agreement between Securitas Security Services USA, Inc., and the City of Tustin to provide necessary security services at Tustin Legacy, subject to final contract review by the City Attorney. FISCAL IMPACT Total contract costs would not exceed $278,186 (approximately a 9.5% increase from the previous year's contract). Increases are due solely to labor costs. However, approximately 85% of the total contract cost will be reimbursed by the approved Master Developer (Tustin Legacy Community Partners) to compensate the City for security services provided to the Master Developer site at Tustin Legacy pursuant to the executed Exclusive Agreement to Negotiate. The remaining 15% portion of cost associated with the contract is authorized as a recoverable expense from anticipated land sales at Tustin Legacy. It is also possible that City costs associated with the security service area will be reduced additionally during the coming fiscal year as property at Tustin Legacy continues to be conveyed and developed. Funding through the end of this fiscal year (June 2005) has been previously appropriated in account 18-805-6732 and proposed contract expenses will be included in the City's FY 2005/06 Annual Budget. City and Redevelopment Agency staff will be responsible for contract administration. City Council Report Agreement with Securitas June 6, 2005 Page 2 BACKGROUND/DISCUSSION The City has previously recognized that it would be in the public interest and foster rapid redevelopment if it participated in the protection of the existing Tustin Legacy buildings and facilities after base closure until property at Tustin Legacy is conveyed to others. Prior to and since completion of the Economic Development Conveyance Agreement with the Department of Navy, the Tustin City Council has authorized staff to execute or extend a Security Services Agreement with a private security contractor. Securitas Security Services, USA, Inc. is the current contractor providing security service at Tustin Legacy. The current agreement will expire June 30, 2005. Securitas has performed professionally during the past contract period. The requested $24,254 increase is due to increases in labor compensation, including accounting for holiday pay differentials and labor hours that were not fully accounted for in the previous contract. Also, the cost to provide a Securitas officer ($15.29 per standard hour) is extremely equitable when compared to the fully loaded cost associated with the option of hiring and assigning a Tustin police officer to perform security at the base. Security service to be provided at Tustin Legacy would continue to utilize two security officers present 24 hours a day. Presently, the front gate guard is located at Warner and Red Hill Avenue and will continue to be staffed 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 $278,186. It is expected that the contract amount to be authorized could be proportionally reduced during the contract period pursuant to provisions included in the consultant services agreement as property at Tustin Legacy is conveyed from the City to other entities or the City determines that it prudent to modify the way security services are provided at Tustin Legacy. To ensure that the security services contract can be executed before its current June 30, 2005 expiration, staff requests City Council approval of the attached Security Services Agreement. '- ~~~ Mark Tomich Program Manager Attachment 1: Security Services Agreement SECVR1TYSERVICESAGREEMENT BETWEEN SECURITAS SECURITY SERVICES USA, INC. AND CITY OF TUSTIN FOR TUSTIN LEGACY THIS AGREEMENT is made and entered into this _day of ----' 2005, by and between Securitas Security Services USA, Inc, a Californià corporation (herein referred to as SECURITAS) and the City of 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; and, B. 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 initially 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; and, C. CITY continues to pursue re-conveyance of the leased and conveyed portions of the former MCAS Tustin (now referred to as "Tustin Legacy") to other private and public developer interests; and, D. CITY continues to be responsible for maintaining real property and facilities located within the remaining City-owned portions of Tustin Legacy ("CITY SERVICE AREA") and desires to ensure that adequate operation, maintenance, and protection of the CITY SERVICE AREA; and, E. CITY requires certain professional security services pending final 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 SECURITAS to enter into this Agreement for the purpose of establishing the terms and conditions under which SECURITAS shall provide continued and uninterrupted security services to the CITY SERVICE AREA during an interim period pending final disposition of the Tustin Legacy property. 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 SECURITAS 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 "8" and which is incorporated by reference as though fully set forth herein (hereinafter referred to as the CITY SERVICE AREA). SECURITAS 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. SECURIT AS 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 Familiaritv with Work. By executing this Contract, SECURITAS 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 SECURITAS discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the CITY, SECURITAS shall immediately inform the CITY of such fact and shall not proceed with any work except at SECURITAS' risk, until written instructions are received from the Contract Officer. 1.5 Care of Work. SECURITAS 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 SECURIT AS is hereby designated as being the Principal and representative of SECURITAS authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: David Nakamura (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 SECURIT AS and devoting sufficient time to personally supervise the services hereunder. The foregoing Principal may not be changed by SECURIT AS without the express written approval of the CITY. 2.2 Contract Officer. The Contract Officer shall be Mark Tomich of the CITY assisted by an on-site representative of the CITY's CaretakerlProperty Management Consultant (currently ACEPEX Management Corporation, or "ACEPEX"), unless otherwise designated in writing by the Contract Officer. For purposes of day to day liaison and adrninistration, Captain Joe Garcia with the City of Tustin Police Department shall be primarily responsible for coordination with SECURITAS in the provision of the City of Tustin law enforcement support when necessary and requested by SECURITAS. It shall be SECURITAS' responsibility to keep the Contract Officer, ACEPEX and the City of Tustin Police Department fully informed of the progress of the performance of the services and SECURITAS 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 ofthe Contract Officer. 2.3 The SECURITAS Principal identified in Section 2.1 shall meet with the Contract Officer or designee, Police Captain Garcia and a ACEPEX representative at least monthly, or as more frequently requested by the Contract Officer or the City of Tustin Police Department. 2.4 The Contract Officer, ACEPEX and Police Captain Garcia, shall be promptly notified in writing of certain security events or other incidents occurring within the City Service Area. 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 SECURlT AS performing any services under this Agreement. The CITY shall not be liable to any officer, employee, or agent of SECURITAS for any sickness or injury incurred by such person in the course of performing services under this Agreement. SECURIT AS shall be solely responsible for all personnel actions relating to SECURITAS employees utilized in the performance of this Agreement. The employees of SECURITAS 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, require SECURIT AS to prepare reports or provide information relating to this Agreement. SECURIT AS agrees to provide such reports within a reasonable period of time and in such detail as may be required. 3.2 Records. SECURITAS 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. SECURIT AS 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 SECURITAS' custody or control and that relate to its performance under this Agreement. SECURITAS will retain such records intact for at least three (3) years following termination of this Agreement. Access to SECURIT AS' records by the CITY will be only during normal business hours, and the requesting party will give SECURITAS twenty-four (24) hours prior notice of its intention to examine SECURITAS' records that relate to the performance of this Agreement. 3.3 Ownership of Docurnents. All documents, specifications, records, documents and other materials prepared by SECURIT AS in the performance ofthis 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 SECURITAS 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. SECURIT AS may retain copies of such documents for its own use. SECURIT AS shall have an unrestricted right to use the concepts embodied therein. 3.4 Release of Document. All reports, records, documents and other rnaterials prepared by SECURIT AS in the performance of services under this Agreement shall not be released publicly without the prior written approval ofthe Contract Officer. 4. COMPENSATION 4.1 Compensation. For the services rendered pursuant to this Agreement, SECURITAS 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 City Service Area shall not exceed $278,186. 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 City Service Area. 4.3 The costs presented under this Agreement reflect the fully burdened hourly costs associated with providing security services to the City Service Area. 4.4 Method ofPavment. 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 SECURIT AS wishes to receive payment, SECURIT AS 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 SECURITAS 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 SECURITAS' 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. SECURIT AS 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 SECURIT AS. 5. FURTHER OBLIGATIONS OF THE PARTIES 5.1 Facilities. A guard shack and/or office area at MCAS Tustin will be made available to SECURITAS by the CITY for use by SECURITAS on or as soon as possible after the effective date of this Agreement, at no cost to SECURITAS. SECURITAS will not be responsible for the structural integrity of the aforementioned facility (e.g., roofing, framing, foundation, flooring, plumbing, and HV AC system). SECURITAS 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 SECURITAS 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 SECURIT AS under this Agreement. SECURIT AS shall be responsible for all care and maintenance. CITY shall provide fuel and maintain one vehicle to be used by SECURITAS in performing the contracted service during the contract period. 5.3 SECURITAS 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 SECURITAS 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 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 SECURITAS' negligent performance or willful misconduct in performing under this Agreement. The minimurn amount of liability coverage is subject to revision by mutual agreement ofthe parties upon amendment of this Agreement. To the extent required by law, SECURITAS shall carry and maintain Workers' Compensation insurance in form and amounts required by law. All insurance which this Agreement requires SECURIT AS 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. The insurance shaH be issued by a company authorized by the Insurance Department of the State of California and rated A, vn or better (if an admitted carrier) or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-VIII or better or from the State Compensation Fund. SECURITAS shall provide insurance coverage on all property owned by CITY (e.g., personal, equipment). 7. INDEMNIFICATION 7.1 SECURITAS 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 SECURIT AS, its officers, employees and agents, arising out of or related to SECURITAS' 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 cornmence at 8:00 a.m., July 1, 2005, and shall extend for a period of approximately twelve (12) months, until 8:00 a.m., July 1, 2006, unless terminated sooner or renewed annually in accordance with the provisions set forth herein. 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 SECURITAS 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 SECURITAS 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, SECURITAS 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. 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 SECURIT AS. 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. 11.4 Legal Action. In addition to any other rights or remedies, either party rnay 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 Attornevs' 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 Agreernent shall be Orange County, California. 12. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 12.1 Non-Liability of City Officers and Emplovees. No officer or employee of the CITY shall be personally liable to SECURITAS, 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 SECURIT AS or its successor, or for breach of any obligation of the terms of this Agreement. 12.2 Covenant Against Discrimination. SECURITAS 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. SECURITAS shall take affirmative action to insure that applicants and ernployees are treated without regard to their race, color 13. MISCELLANEOUS PROVISIONS 13.1 Notices. All notices, transrnissions, 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 nurnber 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. SECURITAS: Al 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 Scott Jordan 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 anyone or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgernentor 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 Authoritv. 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 Agreernent. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. SECURITAS SECURITY SERVICES USA, INC., a California Corporation. 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: MCASlagreementslSecuritasO5 draft.doc 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). Services may be modified at any time to best meet the needs of the former MCAS Tustin site (now referred to as "Tustin Legacy") at the discretion of the City. A. 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 Tustin Legacy. 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) 2) 3) 4) B. Deter and report unauthorized personnel or vehicular entry into areas assigned. Safeguard, monitor and report incidents of damage, pilferage, removal, destruction, misuse, larceny, theft or other improper or unlawful threats to, or disposition of, Govemment or personal property or acts of sabotage, or wrongful destruction within the assigned areas. 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. Safeguard personnel, deter the commission of crimes against persons, summon appropriate response forces, and assist those response forces as required. 5) 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. MATERIALS AND EQUIPMENT. The Vendor shall provide all equipment and materials. The City may inspect equipment and material for adequacy and compliance. Exhibit A C. 2) D. E. 1) 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 employees engaged in providing services specified under this agreement shall be in accordance with CTPD. 3) 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. An vehicles shall be clearly identifiable and uniform in appearance. All guards should be supplied with a vehicle. 4) 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, (an 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 WORK REQUIREMENTS. Types of service or posts planned are Roving Patrols and EntrylExit 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. F. 1) 2) 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 shaH 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 gatelbuilding openings shall be included in the daily report log. . ENTRYIEXIT 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 Tustin Legacy 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. mcaslagreements\securitas Exh A (200S).doc Exhibit A EXHIBIT B CITY SERVICE AREA - EXHIBIT C SPECIAL REQUIREMENTS EXHIBIT C SPECIAL REQUIREMENTS 1. Advance Agreements on the Allowabilitv of Cost No cost incurred by SECURIT AS 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 SECURITAS 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 SECURITAS' perfonnance under this Agreement. Accordingly, SECURITAS covenants and agrees to comply with the following to the extent applicable: A. B. C. D. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d, et seq.); Executive Order 11246 and Department of Labor regulations issued thereunder (41CFR 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 SECURITAS 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 A. SECURITAS 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 V.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 V.S.C. §§ 6901, et seq.); the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA," 42 U.S.C. §§ 4321, et seq.). B. SECURITAS will indemnify and hold harmless the CITY from any costs, expenses, liabilities, fIDes, or penalties resulting from SECURITAS direct actions resulting in discharges, emissions, spills, storage, disposal, or any other action by SECURITAS giving rise to CITY liability, civil or criminal, or responsibility under Federal, State or local environmental laws incident to this Agreement. Exhibit C C. 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 SECURIT AS, are not subject to this indemnification. This provision will survive the expiration or termination of this Agreernent and SECURITAS' obligation hereunder will apply whenever the "cITY incurs costs or liabilities for SECURITAS' actions of the type described in this subsection. SECURITAS 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. SECURIT AS 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. Phvsical Security SECURITAS will be responsible for safeguarding all City and/or Government property provided for SECURIT AS use or care. At the close of each work period, City and Government facilities, equipment and materials will be secured as appropriate. A. 6. Kev Control. SECURITAS with assistance from CITY and CITY's contractors will develop and implement a key control system with which SECURIT AS 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, SECURITAS will prohibit the use of keys by any person other than SECURITAS' employees or subcontractors. SECURIT AS will prohibit the opening of locked areas to permit entrance of persons other than SECURITAS' 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, SECURITAS will be advised in writing by the CITY of specific instructions pertaining to the access rights. B. Propertv Control. There will be personal property, supplies and materials left in a number of facilities after Base closure. SECURIT AS 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. Safetv SECURITAS will ensure all employees know, receive instructions on, and cornply with all appropriate safety requirements, Occupational Safety and Health Administration (OSHA) standards, and all state and local laws and regulations related to this Agreement. SECURIT AS will record and report promptly to the CITY all available facts relating to each instance of damage to Government property or injury to either SECURIT AS subcontractor, or Government personnel related to this Agreement. Copies of accident reports will be provided to the CITY. Exhibit C EXHIBIT D COMPENSA TION 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 follows: 1. Start-up Costs: None 2. Operating Cost: Subtotal MontWv Annual $ 432 $ 5,184 $ 1,762 $ 21,144 $ 2,194 $ 26,328 $17,217* $ 206,598 $ 184* $ 2,203 $ 3,588* $ 43,057 $ 20,989* $ 251,858 $ 23.183* $278.186 a. Equipment & Supplies Communications (2 Nextel radio phones) Vehicle, Maintenance, Fuel, Repairs (t) Subtotal b. Labor Costs Post #1 and Post #2 Roving Patrol (13,512 hours/year) m Overtime (288 hours/year x $7.65) m Post #3 Gate Guard (2,816 hours/year) m TOTAL *Rounded 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 Securitv Services 1. As custodian for the services, SECURIT AS will invoice the CITY based on a tirne and materials cost not-to-exceed $278,186 annually. (t) Vehicle will be provided, fueled and maintained by the City. m To be billed at $15.29 per hour except fully burdened monthly holidays which are assumed per infonnation provided by SECURITAS. It is assumed that there will be 6 holidays x 24 hours (each Roving Patrol) a day at holiday differential of $7.65/hr. The Gate will not be open on holidays. MCASlagreementslSeeuritas Exh D (2005).doe --",,--~-"- ----"'" ..,.-....-....--. ""-,, , , -_.""._-..-",,--- ----""