HomeMy WebLinkAbout14 SECURITAS AT TUSTIN LEGACY 06-19-06
AGENDA REPORT
MEETING DATE: JUNE 19, 2006
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 I
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
owned/leased 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 $294,548, a 5.9% ($16,362) increase from the
previous year's contract. Increases are due to a 20.0% increase in fuel and a 3.0%
increase in labor costs. Approximately 83% of the total contract cost will be reimbursed by
Tustin legacy Community Partners, the approved master developer, to compensate the
City for security services provided to the master developer site at Tustin legacy pursuant
to the executed Disposition and Development Agreement. The remaining 17% of costs
associated with the contract are authorized as a recoverable expense from anticipated
land sales at Tustin legacy. It is anticipated that City costs associated with the security
service area will be reduced additionally during the coming fiscal year as property at Tustin
legacy as property continues to be conveyed. Funding through the end of this fiscal year
(June 2006) has been previously appropriated in account 18-805-6732 and proposed
contract expenses will be included in the City's FY 2006/07 Annual Budget. City and
Redevelopment Agency staff will be responsible for contract administration.
City Council Report
Agreement with Securitas
June 19, 2006
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, 2006.
Securitas has performed satisfactorily during the past contract period. 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 $294,548. 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 is 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, 2006 expiration, staff requests City Council approval of the attached Security
Services Agreement.
Christine A. Shingleton
Assistant City Manager
Attachment 1: Security Services Agreement
S:IRDAICC reportlSecuritas. Agenda Rpt (Jun 2006).doc
SECURITY SERVICES AGREEMENT
BETWEEN
SECURITAS SECURITY SERVICES USA, INC.
AND
CITY OF TUSTIN
FOR
TUSTIN LEGACY
THIS AGREEMENT is made and entered into this _day of , 2006, by and between
Securitas Security Services USA, Inc, a California 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 I, 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
I. SCOPE OF SERVICES
1.1 SECURIT AS 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). SECURIT AS
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. SECURITAS 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, 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
SECURIT AS 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 SECURIT AS 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 SECURITAS 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 administration, 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
ofthe CITY required hereunder shall mean the approval of the 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 SECURIT AS performing any
services under this Agreement. The CITY shall not be liable to any officer, employee, or agent of
SECURIT AS for any sickness or injury incurred by such person in the course of performing services
under this Agreement. SECURITAS 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 SECURITAS 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. SECURIT AS 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. SECURIT AS will retain such records intact for at least three (3)
years following termination of this Agreement. Access to SECURITAS' 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 SECURIT AS' records that relate to the
performance of this Agreement.
3.3 Ownership of Documents. All documents, specifications, records, documents and
other materials prepared by SECURIT AS 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 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 materials
prepared by SECURIT AS 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,
SECURIT AS 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 $294,548.
4.2 The cost contained in this Agreement shall represent the minimum level of
security services required to protect assets, resources, and persons plarmed 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 of Pavment. 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
SECURIT AS' 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 SECURITAS.
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). SECURIT AS 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 SECURIT AS 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
SECURIT AS 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 SECURIT AS' 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, 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 shall be issued by a company authorized by the Insurance
Department of the State of California and rated A, VII 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 commence at 8:00 a.m., July 1,2006, and shall extend for a period
of approximately twelve (12) months, until 8:00 a.m., July 1, 2007, 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 SECURIT AS 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 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 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 Agreement shall
be Orange County, California.
12. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
12.1 Non-Liabilitv of Citv Officers and Emplovees. No officer or employee of the
CITY shall be personally liable to SECURIT AS, 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. SECURIT AS 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.
SECURIT AS:
Al Arakawa
Manager of Business Development
1506 E. Warner Ave., Ste 114
Santa Ana, CA 92705
(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 Severabilitv. 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 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 Comorate 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 Agreement.
13.7 Third Partv Beneficiaries. The parties agree that the provisions ofthis 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.
SECURlTAS 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:
Doug Holland
City Attorney
S:\RDA\MCAS\Agreements\Secuitas 2006\securitas 2006 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 ofthe 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) 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.
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.
B. MATERIALS AND EQUIPMENT. The Vendor shall provide all equipment and
materials. The City may inspect equipment and material for adequacy and compliance.
Exhibit A
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.
2) 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. All
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.
C. 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.
D. 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.
E. 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.
. BuildinglEquipment 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
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.
S:\RDA\MCAS\Agreements\Secuitas 2006\securitasExh A (2006l.doc
Exhibit A
EXHIBIT B
CITY SERVICE AREA
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EXHIBIT C
SPECIAL REQUIREMENTS
EXHIBIT C
SPECIAL REQUIREMENTS
I. Advance Agreements on the Allowabilitv of Cost
No cost incurred by SECURITAS 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' performance under this Agreement. Accordingly, SECURITAS
covenants and agrees to comply with the following to the extent applicable:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. SS 2000d, et seq.);
B. Executive Order 11246 and Department of Labor regulations issued thereunder
(4ICFR Part 60)
C. Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. S 794); and
D. The Age Discrimination Act of 1975 (42 U.S.C. S 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. SS 701, et seq) and maintain a drug-free workplace.
4. Environmental Protection
A. SECURIT AS 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. SS
740l-767Iq.) and Section 308 of the Federal Water Pollution Control Act (33
U.S.c. S 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. SS 6901, et seq.);
the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA," 42 U.S.c. SS 4321, et seq.).
B. SECURIT AS will indemnify and hold harmless the CITY from any costs,
expenses, liabilities, fines, or penalties resulting from SECURIT AS 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
Conditions or activities glvmg 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 Agreement and
SECURITAS' obligation hereunder will apply whenever the CITY incurs costs or
liabilities for SECURITAS' actions of the type described in this subsection.
C. 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. Kev Control. SECURITAS with assistance from CITY and CITY's contractors
will develop and implement a key control system with which SECURITAS 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 SECURIT AS' 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,
SECURIT AS 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. SECURITAS 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. Safetv
SECURIT AS 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. 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
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.
Budgetarv Estimate
The methodology for calculating compensation is as follows:
I. Start-up Costs: None
2. Operating Cost:
Monthlv
a. Equipment & Supplies
Communications (2 Nextel radio phones)
Vehicle, Maintenance, Fuel, Repairs (t)
$ 432
$ 2,114
Subtotal
$ 2,546
b. Labor Costs
Post #1 and Post #2 Roving Patrol
(13,512 hours/year) W
Post #3 Gate Guard (2,816 hours/year) W
Holidays - 6 holidays x 24 hours (each roving
patrol) a day at holiday pay of$23.82 Ihr
$ 18,740
$ 2,688
$ 572
Subtotal
$ 22,000
TOTAL
$ 24.546
Annual
$ 5,184
$ 25,368
$ 30,552
$ 224,880
$ 32,256
$ 6,860
$ 263,996
$ 294.548
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.
Pavment for Securitv Services
I. As custodian for the services, SECURIT AS will invoice the CITY based on a time and
materials cost not-to-exceed $294,548 annually.
(t) Vehicle will be provided. fueled and maintained by the City.
(t) To be billed at $15.75 per hour except fully burdened monthly holidays which are assumed per information provided by
SECURIT AS. It is assumed that there will be 6 holidays x 24 hours (each Roving Patrol) a day at holiday differential of
$7.87/hr. The Gate will not be open on holidays.
S:\RDA\MCAS\Agreements\Secuitas 2006\SecuritasExh 0 (2006).doc