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HomeMy WebLinkAbout08 AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC.Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 8 AGENDA REPORT Reviewed: City Manager a`L� Finance Director MAY 19, 2026 ALDO E. SCHINDLER, CITY MANAGER BRIAN MONCRIEF, DEPUTY CITY MANAGER — REAL PROPERTY EXTENSION TO SERVICES AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. Consideration of a 12-month extension of the Services Agreement with Securitas Security Services USA, Inc. for on -site security guard services for the South Hangar at Tustin Legacy. RECOMMENDATION: Recommend the City Council: 1. Authorize the City Manager or designee to execute the First Amendment to the Services Agreement with Securitas Security Services USA, Inc., extending the term for one year, until May 31, 2027, subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney. FISCAL IMPACT: The proposed compensation for the First Amendment to the Services Agreement with Securitas Security Services USA, Inc. is not to exceed $746,750 total for the period of June 2026 through May 2027. Adequate funds are included in the forthcoming Fiscal Year 2026- 2027 Budget. CORRELATION TO THE STRATEGIC PLAN: The Services Agreement with Securitas Security Services USA, Inc. contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, this item implements Strategy 2 which is to enhance Tustin's readiness to respond to major disasters and Strategy 3 which is to provide enhanced emergency response planning for schools and event venues. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Securitas Consultant Services Agreement May 20, 2025 Page 2 BACKGROUND AND DISCUSSION: Securitas Security Services USA, Inc. (Securitas) is a multi -national global provider of security services. Nationally, Securitas maintains a network of approximately 90,000 security officers. Securitas was selected through a competitive process in 2024 and has since provided on - site security services for the South Hangar area. The firm maintains 24-hour, seven -day -a - week security coverage dedicated to the South Hangar, including staff assigned to live camera monitoring and vehicle patrols throughout the site. Securitas has consistently demonstrated a higher level of service and attention to detail than previous security providers retained by the City. The proposed compensation includes security officer costs, as well as fees associated with guard booth rental, vehicle usage, and fuel. If approved, the extension to the Services Agreement the term of the Agreement will continue until May 31, 2027, and include a 3% cost increase. A request for proposal will be conducted in 2027 in accordance with the City's purchasing policy to ensure competitive pricing and quality service levels. bhadA, dlUi tV1t f Brian Moncrief Deputy City Manager — Real Property Jason Loya Management Analyst II Attachment: 1. First Amendment to the Services Agreement with Securitas Security Services USA Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT ("First Amendment") is made and entered into to be effective this t" day of May 2026, by and between the CITY OF TUSTIN, a municipal corporation ("City"), and SECURITAS SECURITY SERVICES USA, INC. ("Consultant"). City and Consultant are sometimes referred to herein collectively as the "Parties". RECITALS A. City and Consultant entered into that certain Consultant Services Agreement on May 20, 2025 ("Agreement") for site security services at the City's South Hangar, which is incorporated herein by this reference; and B. The Parties desire to amend the Agreement to add provisions concerning the acknowledgement and assumption of risks and the release and waiver of liability. C. Additionally, the Parties desire to extend the term of the Agreement for one year, until May 31, 2027, and to provide for a 3% annual increase to Consultant compensation during the extended term(s). NOW, THEREFORE, based upon the foregoing Recitals, City and Consultant agree as follows: New Section 9.8 is hereby added to the Agreement to read as follows: 9.8 Acknowledgement of Potential Risks. Consultant understands that it will provide Services at/around Tustin Hangar 2, part of a former U.S. Navel installation (Tustin MCAS) (collectively, the "Property"), and that Hangar 2 was constructed and operated as a military facility. The City makes no representation, promise, agreement or warranty regarding the condition and state of repair of the Property. Access to the Property is restricted and generally closed to the public. Consultant acknowledges the existence of known and unknown conditions and potential hazards related to accessing the Property, which include without limitation: • Partial or total collapse of the hangar structure • Fall hazards (unsecured building components that may fall from the structure) • Hangar door malfunction or failure • Lack of fire detection and notification systems • Presence of barbed wire/concertina wire • Inoperability of building exits • Lack of plumbing, electricity or other utilities Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 • Lack or warning and directional signs • Roadway configuration, surfacing, striping and signage Americans with Disabilities ACT (ADA) accessibility deficiencies • Structural damage, power outages, and other life -threatening conditions stemming from seismic hazards, high winds, and severe weather. • The conditions and systems described in the Tustin Hangar 2 Conditions Assessment and Reuse Study, dated September 2017, prepared by Page & Turnbull ("P&G Study"), which is available upon request from City and through the following link: https://www.tustinca.o[g/DocumentCenter/View/l 9817/Tustin- Hanaar-2-Conditions-Assessment-and-Reuse-Studv Consultant acknowledges that it has thoroughly read and understands the P&G Study and understands that the City has not implemented the P&G Study recommendations and has not maintained the hangar structure. Consultant acknowledges and understands that the listed conditions and potential hazards are by no means exclusive and that other risks may be present now or in the future. Consultant knowingly and intentionally assumes on behalf of itself, its officers, employees, agents, servants, guests, invitees, volunteers, contractors, or subleases ("Covered Parties") all risks of loss associated with the condition of the License Area, Hangar 2 and the Former MCAS Tustin property, and the Covered Parties' occupation or use of the License Area, Hangar 2 and the Former MCAS Tustin property. The Consultant further acknowledges that the City shall not be liable for any latent or patent defects in the License Area. Consultant agrees that it has inspected the License Area and determined that the License Area is suitable for the Consultant's intended use and occupancy. BY INITIALING BELOW, CONSULTANT ACKNOWLEDGES THAT (A) IT HAS READ AND FULLY UNDERSTANDS THE PROVISIONS OF THIS SECTION 9.8 (B) IT HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (C) IT HAS ACCEPTED AND AGREED TO THE TERMS SET FORTH IN THIS SECTION 9.8. CITY CONSULTANT 2. New Section 9.9 hereby added to the Agreement to read as follows: 9.9 Participant Waivers. Consultant shall obtain a properly executed Release and Waiver of Liability Agreement in the form set forth below from every person accessing the Property 2 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 in connection with the provision of Services under this Agreement (each, a "Participant"). The executed release and waiver of liability agreement shall be obtained prior to the Participant accessing the Property and shall be provided by Consultant to City within five (5) business days of its receipt. RELEASE AND WAIVER OF LIABILITY AGREEMENT I, ("Participant"), acknowledge that I have voluntarily opted to access the Former Tustin MCAS property and all or a portion of Hangar No. 2 thereof (the "Facilities"): Accessing the Facilities presents risks related to both known and unknown conditions and potential hazards, which include without limitation: • Partial or total collapse of the hangar structure • Fall hazards (unsecured building components that may fall from the structure) • Hangar door malfunction or failure • Lack of fire detection and notification systems • Presence of barbed wire/concertina wire • Inoperability of building exits • Lack of plumbing, electricity or other utilities • Lack or warning and directional signs • Roadway configuration, surfacing, striping and signage • Americans with Disabilities ACT (ADA) accessibility deficiencies • Structural damage, power outages, and other life -threatening conditions stemming from seismic hazards, high winds, and severe weather. • The conditions and systems described in the Tustin Hangar 2 Conditions Assessment and Reuse Study, dated September 2017, prepared by Page & Turnbull ("P&G Study"), which is available at: https://www.tustinca.org/DocumentCenter/View/l 9817/Tustin-Hangar-2- Conditions-Assessment-and-Reuse-Studv Participant acknowledges that it has thoroughly read and understands the P&G Study and understands that the City has not implemented the P&G Study recommendations and has not maintained the hangar structure. I ACKNOWLEDGE AND UNDERSTAND THAT THE ABOVE -LISTED CONDITIONS AND POTENTIAL HAZARDS ARE BY NO MEANS EXCLUSIVE AND THAT OTHER RISKS MAY BE PRESENT NOW OR IN THE FUTURE. I AM AWARE THAT ACCESSING THE FACILTIES INVOLVES A RISK OF SERIOUS BODILY INJURY, DEATH, SEVERE SOCIAL AND ECONOMIC LOSS, AND DAMAGE TO OR LOSS OF PERSONAL PROPERTY. I UNDERSTAND THAT THESE RISKS OF INJURY OR LOSS MIGHT RESULT FROM MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE, THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, THE KNOWN OR UNKNOWN CONDITION OF THE PREMISES OR OF ANY EQUIPMENT USED. I AM VOLUNTARILY ACCESING THE FACILITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF INJURY 9 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 OR LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN TO ME OR TO OTHERS. I verify this statement by placing my initials here: Parent or Legal Guardian's initials (if Participant is under 18): As consideration for being permitted by the City of Tustin (the "City"), to access the Facilities, I forever release the City, the Successor Agency to the Tustin Community Redevelopment Agency, the United Stated Department of the Navy, and their affiliated and related agencies and their respective officers, elected officials, employees, consultants, agents, representatives and contractors (collectively "Released Parties") from any and all actions, claims, or demands that 1, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) accessing the Facilities, (ii) the negligence or other acts, and however caused, by any Released Party, or (iii) the condition of the premises. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Released Party in connection with any of the matters covered by the foregoing release. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE CITY, AND SIGN IT OF MY OWN FREE WILL. If Signed by Parent or Guardian: I verify that the dangers attendant to accessing the Facilities and the significance of this Release and Waiver were explained to the Participant and that I and the Participant understood them. PARTICI PANT/RELEASOR Print Full Name: Date: Signature: PARENT OR GUARDIAN Print Full Name: Date: Signature: IF YOU ARE UNDER 18 YEARS OF AGE, YOU AND YOUR PARENT OR GUARDIAN MUST SIGN AND INITIAL THIS FORM WHERE INDICATED. Il Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 3. A copy of the required Participant Waiver form is included as Attachment 1" to this First Amendment. 4. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows: 2.1 Compensation of Consultant. For the Services rendered pursuant to this Agreement, the Consultant shall be compensated and reimbursed only such amounts as are prescribed in Exhibit "A", not to exceed: (1) seven -hundred twenty-five thousand dollars ($725,000) total during the period extending from the Effective Date until May 31, 2026, and (2) seven -hundred forty-six thousand seven -hundred and fifty dollars ($746,750) total during the period extending from June 1, 2026 until May 31, 2027 (collectively, the "Contract Maximum".) THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS AGREEMENT IS THE AMOUNT SPECIFIED IN THIS SECTION. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED BEFORE THE CONSULTANT'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED, CONSULTANT WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT UNLESS ADDITIONAL SERVICES ARE APPROVED PER SECTION 1.6. 5. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows: 3. 4 Term. Unless earlier terminated in accordance with Sections 7.6 of 7.7 of this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect until satisfactory completion of the services or until May 31, 2027, whichever occurs first. 6. The billing and service rates identified in the Proposal, attached to the Agreement as Exhibit "A", shall increase by 3% on June 1, 2026. 7. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. 8. The persons executing this First Amendment on behalf of the Parties warrant that they are duly authorized to execute this First Amendment on behalf of said Parties, and that by so executing this First Amendment the Parties are formally bound to the provisions of this First Amendment. 5 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 [Signatures on Next Page] Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first stated above. APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney /msd/ "City" CITY OF TUSTIN, a municipal corporation Aldo E. Schindler City Manager "Consultant" SECURITAS SERVICES USA, INC. William Fuller Area Vice President 7 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 Attachment "1" RELEASE AND WAIVER OF LIABILITY AGREEMENT I, ("Participant"), acknowledge that I have voluntarily opted to access the Former Tustin MCAS property and all or a portion of Hangar No. 2 thereof (the "Facilities"): Accessing the Facilities presents risks related to both known and unknown conditions and potential hazards, which include without limitation: • Partial or total collapse of the hangar structure • Fall hazards (unsecured building components that may fall from the structure) • Hangar door malfunction or failure • Lack of fire detection and notification systems • Presence of barbed wire/concertina wire • Inoperability of building exits • Lack of plumbing, electricity or other utilities • Lack or warning and directional signs • Roadway configuration, surfacing, striping and signage • Americans with Disabilities ACT (ADA) accessibility deficiencies • Structural damage, power outages, and other life -threatening conditions stemming from seismic hazards, high winds, and severe weather. • The conditions and systems described in the Tustin Hangar 2 Conditions Assessment and Reuse Study, dated September 2017, prepared by Page & Turnbull ("P&G Study"), which is available at: httDs://www.tustinca.ora/DocumentCenter/View/l 9817/Tustin-Hanaar-2-Conditions- Assessment-and-Reuse-Study Participant acknowledges that it has thoroughly read and understands the P&G Study and understands that the City has not implemented the P&G Study recommendations and has not maintained the hangar structure. I ACKNOWLEDGE AND UNDERSTAND THAT THE ABOVE -LISTED CONDITIONS AND POTENTIAL HAZARDS ARE BY NO MEANS EXCLUSIVE AND THAT OTHER RISKS MAY BE PRESENT NOW OR IN THE FUTURE. I AM AWARE THAT ACCESSING THE FACILTIES INVOLVES A RISK OF SERIOUS BODILY INJURY, DEATH, SEVERE SOCIAL AND ECONOMIC LOSS, AND DAMAGE TO OR LOSS OF PERSONAL PROPERTY. I UNDERSTAND THAT THESE RISKS OF INJURY OR LOSS MIGHT RESULT FROM MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE, THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, THE KNOWN OR UNKNOWN CONDITION OF THE PREMISES OR OF ANY EQUIPMENT USED. I AM VOLUNTARILY ACCESING THE FACILITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF INJURY OR LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN TO ME OR TO OTHERS. I verify this statement by placing my initials here: Parent or Legal Guardian's initials (if Participant is under 18): Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 As consideration for being permitted by the City of Tustin (the "City"), to access the Facilities, I forever release the City, the Successor Agency to the Tustin Community Redevelopment Agency, the United Stated Department of the Navy, and their affiliated and related agencies and their respective officers, elected officials, employees, consultants, agents, representatives and contractors (collectively "Released Parties") from any and all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) accessing the Facilities, (ii) the negligence or other acts, and however caused, by any Released Party, or (iii) the condition of the premises. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Released Party in connection with any of the matters covered by the foregoing release. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE CITY, AND SIGN IT OF MY OWN FREE WILL. If Signed by Parent or Guardian: I verify that the dangers attendant to accessing the Facilities and the significance of this Release and Waiver were explained to the Participant and that I and the Participant understood them. PARTICIPANT/RELEASOR Print Full Name: Signature: PARENT OR GUARDIAN Print Full Name: Signature: Date: Date: IF YOU ARE UNDER 18 YEARS OF AGE, YOU AND YOUR PARENT OR GUARDIAN MUST SIGN AND INITIAL THIS FORM WHERE INDICATED. 9