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Item 4C CITY OF SOUTHLAKE Item 4C MEMORANDUM (January 05, 2016) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Award Contract for Town Hall Security Personnel in the amount of$106,450 Action Requested: Award contract to Tactical Systems Network for uniformed security personnel in Town Hall in an amount not to exceed $106,450 in FY2016. Background Information: On October 30, 2014, City staff engaged Tactical Systems Network, LLC (TSN) for a proposal to conduct a Town Hall Risk and Vulnerability Assessment. In light of current global and local conditions, staff deemed it appropriate and necessary to engage a professional security firm to assist the City with identifying potential vulnerabilities, and making recommendations to ensure a high level of security within Town Hall. The safety and security of residents coming to Town Hall to conduct business, attend events, visit the library and vote; visitors from other cities; Elected Officials; Board Members, and employees is of the utmost importance to the City of Southlake. Tactical Systems Network, LLC (TSN) is a professional Security Consulting Firm that provides high level vulnerability assessments to protect constituents and reduce liability. The firm provides customized security programs to protect their clients and associated workplaces. A contract for a Town Hall security study was approved and executed by the City Manager on December 1, 2014. TSN conducted site visits to Town Hall over a 2 month period from December 5, 2014 to February 09, 2015. During this time, TSN security assessment personnel visited Town Hall during different hours and events including City Council meetings. Based on their assessment, TSN made several recommendations to improve security within Town Hall. These included the addition of an armed, licensed, security guard, and the installation of additional upgraded security cameras. City of Southlake Values: Integrity Innovation♦Accountability♦Commitment to Excellence ♦Teamwork Item 4C Page 2 of 3 City Council approved funding in the FY16 budget for the implementation of Town Hall Security improvements. Tactical System Network, LLC (TSN) has been selected as the security firm to provide this service. TSN shall place an armed, licensed, uniformed security concierge officer in Town Hall during the hours the building is open. TSN shall implement a 5 person rotation security team to cover all of the Town Hall hours of operation. A custom security desk is under fabrication and shall be installed in the lobby to match the Town Hall woodwork and decor. The security guard will be able to monitor the Town Hall cameras from the security desk; conduct building sweeps; and assist and guide visitors to their destinations within the building. The Town Hall security staff hours will be as follows; and will include after-hours events such as City Council meetings and Art in the Square. Day of the Week Open Close Monday 6:45 a.m. 9:00 P.M. Tuesday 6:45 a.m. 10:00 P.M. Wednesday 6:45 a.m. 9:00 P.M. Thursday 6:45 a.m. 9:00 P.M. Friday 6:45 a.m. 9:00 P.M. Saturday 10:00 a.m. 6:00 p.m. Sunday Closed Financial Considerations: Funding for the Town Hall security contract was approved by City Council in the FY2016 budget in an amount of $106,450, and is available in the Public Works Operations/Facilities budget in the contract services line item (00111610-535000). This item is within budget. Additionally, Tarrant County will participate in 25% ($26,612.50) of the cost of this program per the Inter-local Agreement previously approved for Town Hall operations. Strategic Link: This item relates to the City's strategy map focus area of Safety and Security. It specifically relates to the City's Corporate Objective to achieve the highest standards of safety & security and to provide high quality services through sustainable business practices. Citizen Input/ Board Review: N/A Legal Review: Yes. The TSN Contract has been reviewed by City Attorney, Tim Sralla, of TOASE. City of Southlake Values: Integrity Innovation♦Accountability♦Commitment to Excellence♦Teamwork Item 4C Page 3 of 3 Alternatives: The City Council may approve or deny this request. Supporting Documents: Tactical Systems Network Proposal Tactical Systems Network Contract Staff Recommendation: Award contract to Tactical Systems Network for uniformed security personnel in Town Hall in an amount not to exceed $106,450 in FY2016. Staff Contact: Robert H. Price, P.E., Public Works Director Cristina McMurray, C.P.M, Public Works Dep. Director/Operations City of Southlake Values: Integrity♦Innovation♦Accountability♦Commitment to Excellence♦Teamwork OEM] Tactical Systems Network Ms. Cristina McMurray, Deputy Director January 5, 2016 City of Southlake 1950 E. Continental Boulevard Southlake, Texas 76092 (817) 748-8082 Re: Southlake Town Hall TSN Security Personnel Proposal Ms. McMurray, We truly appreciate the opportunity to present our proposal for executive-level security services to you. Discretion and professionalism within our service-based staff is paramount. This opportunity to provide our high-end customer service/security concierge services to you and the rest of Southlake Town Hall is an exciting prospect. We look forward to this great opportunity to build relationships with you and the City of Southlake going forward. We would like to propose valuable pricing and creative options to prove our intentions to develop a long-term relationship. Within this proposal, we provide Preferred Client pricing for your review and consideration. PROPOSED ON-SITE PERSONNEL: TSN security professionals' services will be specifically customized and formulated for your operation. Our duties and considerations regardless of options selected will include but not be limited to the following: • High level uniformed security uniformed professional presence • Concierge-style and high end customer service-minded personnel • Strategic placement for advantageous coverage • Helpfulness and consideration toward constituents and patrons • Ability to respond immediately to calls from employees • Constantly refining safety and security practices to enhance and grow the operation successfully • Coordinate and provide a professional liaison with the Southlake Police Department, Fire Department and Medical Services Providers • Provide employee escorts to vehicles when applicable • Provide a welcoming environment for Southlake residents and authorized visitors • Provide a definitive deterrent for criminals • Provide licensed and trained professionals who understand not only the SLTH security concerns but also the culture and daily security/concierge customer service expectations • Monitoring dedicated CCTV system where compatible • Provide a singular dedicated cell phone for security accessible to all employees • Provide additional services TBD at clients request Tactical Systems Network(TSN)—600 Texas Street,Ste.201, Fort Worth,Texas, USA 76102 1 O:817.332.9944—F:817.332.9955—E: Info@TSNLLC.com-W:TSNLLC.com PRICING PROPOSED: Armed, uniformed TSN security professionals: $26.50/Per-Man Hour (Based on scheduled 41+Hours/Week) A retainer will be requested and would be applied to the balance of the first invoice We truly appreciate this opportunity to propose our services and are available to you anytime for questions or concerns. We look forward to hearing back from you soon! Best Regards, J. Tegan Broadwater, Founder/COO Tactical Systems Network, LLC Texas DPS License C15123 ® Tactical Systems Network(TSN)—600 Texas Street,Ste.201, Fort Worth,Texas, USA 76102 2 O:817.332.9944—F:817.332.9955—E: Info@TSNLLC.com-W:TSNLLC.com Tactical Systems Network r i * SECURITY SERVICES CONTRACT This contract is entered into beginning 01/05/2016, between the City of Southlake, Texas, herein referred to as the Client, and Tactical Systems Network, LLC, a duly licensed private security firm in the State of Texas, herein referred to as TSN. The Client has retained TSN to provide professional security and operational assessment services related to the Town Hall operations located at 1400 Main Street, Southlake, Texas 76092. TSN agrees to execute all duties outlined within this contract in addition to any supplemental duties attached as additional addendums to this contract. An authorized representative of both the Client and TSN must sign any addendum of supplemental and/or additional duties. TSN agrees to perform all duties in a timely and professional manner. 1. BINDING: This is a legally binding contract whereby a failure to execute the actions contracted by either party shall constitute a breach of contract and may subject the failing party to a civil action. In the event that it is necessary for one party to enforce this contract, the defaulting party agrees to pay all costs of suit incurred by the non-defaulting party, for related hours and expenses incurred by the non-defaulting party, including court costs and attorney related fees; whether suit is filed or not. 2. SEVERABILITY: If any section or provision of this contract is found to be invalid or unenforceable to any extent, the remainder of this contract and the applications of such provisions shall remain unaffected and thereby shall continue to be enforced to the greatest extent permitted by law. 3. BILLABLE TIME: The Client has agreed to contract TSN services. Client shall be notified in advance if an overage is anticipated and no work by TSN shall be performed beyond the corresponding agreement unless approval is granted in writing by the Client. In the event of an imminent security-related issue or other matter requiring immediate action, TSN may proceed with a verbal approval from the Client or Principal; however, written approval must follow by the end of the following business day. 4. SHORT NOTICE FEE: Should the Client require additional security personnel for special events or other concern, TSN requires a minimum of ninety-six (96) hours advance notice. This notice will ensure the proper custom staffing of the Client's property, event, or personnel and allow for the avoidance of TSN incurring unnecessary overtime expenses. In the event that the required advance notice is not given, TSN reserves the right to add a 20% surcharge calculated by the "per man- hour" rate indicated in the costs section of this agreement. 5. LATE PAYMENT FEE: TSN reserves the right to add a 5% surcharge to any invoice not paid within thirty (30) calendar days of the invoice's postmarked date and a surcharge of 20% if past due over 45 days. 6. RETURNED CHECK FEE: TSN reserves the right to add a fifty-dollar ($50) fee for any NSF or returned check. Tactical Systems Network(TSN)—600 Texas Street,Ste.201,Fort Worth,Texas,USA 76102 1 O:817.332.9944—F:817.332.9955—E: Info@TSNLLC.com-W:TSNLLC.com 7. PAYMENT: Client agrees to pay TSN in full for all services rendered and duties described herein —accepting full responsibility for any additional fees listed within this agreement or any signed addendum and/or proposal. Invoices, when applicable, will be transmitted electronically and are due upon receipt. 8. RETAINER: Client agrees to pay, in advance of any work performed by TSN, a non- refundable retainer to TSN for the initiation of the above-listed duties. This retainer shall be subtracted from the total bill if the amount exceeds the retainer amount following the initiation of work by TSN. The conclusion of the duties assigned shall be determined by TSN. The amount of the non-refundable retainer is: N/A 9. LIABILITY: To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless TSN, its officers, managers, partners, directors, agents, and employees from any or all claims, liabilities, fees (including attorney fees), costs, and judgments arising from the Client's use of the information provided in the written reports by TSN. Although TSN strives at all times to provide corroborated, accurate, and/or complete information in its reports, on occasion, certain items of information obtained by TSN and included in the reports is gathered through observation and personal interpretation, the Client further releases TSN, its officers, managers, partners, directors, agents, and employees from the liability arising or alleged to arise directly or indirectly from negligent acts, errors, or omissions in a written or verbal report provided to the Client by TSN. 10. CRIMINAL BREACH: In the event that TSN, while acting on behalf of the Client or Principal, determines a criminal act or criminal intent by the Client is evident, TSN shall terminate duties immediately. The Client shall not be refunded any monies paid to TSN, and the Client shall pay upon demand, all outstanding fees and/or charges due at that time. 11. CONFIDENTIALITY: Upon the commencement of this agreement, TSN may make available to the Client Confidential Information pertaining to the company and/or business practices in the course of and performance of duties. Notwithstanding the preceding, the Client, its partners, shareholders, officers, managers, and employees agree to hold in strictest confidence, any, and all confidential Information, and not to use, or to disclose said information to any person, firm, corporation, or entity without written authorization from the President of TSN, except to the extent required by subpoena or applicable law, including the Texas Public Information Act, as determined by Client's City Attorney or the Texas Attorney General. The Client confirms that "Confidential Information" means any TSN proprietary information, technical data, trade secrets, strategies, or know-how, including, but not limited to, company or employee personal information, research, products, services, customer lists; including, but not limited to, markets, software, developments, processes, technology, designs, drawings, logos, forms, engineering, marketing, finances or other business information disclosed by TSN, directly or indirectly, orally, or in writing. 12. SOLICITATION OF TSN EMPLOYEES: (a) Non-Solicitation: For a period of two (2) years following the last date on which services are performed under this contract, the Client agrees to not hire any employee of TSN and to not, either directly or indirectly, solicit, induce, recruit or encourage any employee of TSN to leave their employment, or take away such employees, or attempt to solicit, induce, recruit, encourage or take away any employee of TSN, either for itself or for any other individual, firm, corporation or entity without written authorization from the COO of TSN. Tactical Systems Network(TSN)—600 Texas Street,Ste.201,Fort Worth,Texas,USA 76102 2 , '= O:817.332.9944—F:817.332.9955—E:Info@TSNLLC.com-TX Lic:C15123-W:TSNLLC.com f aw Tactical Sy terns Ke ri (b) Equitable Relief/Equitable Remedies: Due to the unique nature of security concerns, client agrees that it would be impossible or inadequate to measure and calculate damages from any breach of the covenants set forth in Section 13 of this agreement; accordingly, client agrees that any breach of this section, TSN will have available, in addition to any other right or remedy available by law, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach, and to specific and immediate performance of any such provision of this "Agreement". Client further agrees that no bond or other security shall be required in obtaining such equitable relief and client hereby consents to the issuance of such injunction and to the ordering of specific performance. 13. ENTIRE AGREEMENT: It is expressly agreed by the Client, as a material consideration for the execution of this contract, that this contract, with the specific references to written extrinsic documents, is the entire agreement of the parties. 14. COMPLAINTS: Tactical Systems Network, LLC is a licensed Security Firm in the State of Texas. Complaints involving Tactical Systems Network, LLC should be directed to the Texas Department of Public Safety - Private Security Bureau via the following methods: Mail: PO Box 4087, Austin, TX 78773 Telephone: (512) 424-7710 Fax: (512) 424-7729 General Complaints Email: Private_Security_Bureau@txdps.state.tx.us Dallas Metro Complaints Email: PSB_DallasComplaint@txdps.state.tx.us 15. CONTINUING CONTRACT/RATES: This contract may be renewed annually by written agreement of TSN and the Client or terminated at any time in writing by either party with thirty 30-days notice. The Client agrees to pay TSN the following initial rates: Armed/Licensed/Uniformed Professionals: $30.00$26.50/Per-Man Hour Armed/Licensed/Plain Clothed Protection Professionals: $76.00$45'.00/Per-Man Hour Client shall be notified if an overage is anticipated and no work by TSN shall be performed beyond the estimated cost beyond two (2) hours, until approval is granted by the client to proceed into the work involved with the specified and newly estimated overage. Holiday Rates are the above-listed rates and are increased 20% for the following days: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. The rates set forth herein may increase by (5%) five percent annually upon the anniversary date of this contract via mutual agreement in writing. 16. SHIFT REQUIREMENT: TSN requires a 5-hour shift minimum. Tactical Systems Network(TSN)—600 Texas Street,Ste.201,Fort Worth,Texas,USA 76102 3 O:817.332.9944—F:817.332.9955—E:Info@TSNLLC.com-W:TSNLLC.com 17. INDEMNITY. TSN agrees to indemnify and hold harmless, and does by this agreement hereby indemnifies and holds harmless, Client from all claims, liabilities, fees (including attorney fees), costs, and judgments arising from any tortious actions and/or omissions committed by TSN, its officers, managers, partners, directors, agents, and employees arising from or committed during the provision of services provided by TSN under this agreement. Acknowledgement: Your signature below confirms your understanding of the terms set forth within this agreement and the confirmation of all terms therein. Furthermore, the signatory acknowledges that he/she is authorized to sign and enter into this agreement on behalf of the Client. FULL NAME (Print) COMPANY/ORGANIZATION EMAIL ADDRESS EMPLOYEE ID NUMBER SIGNATURE DATE X/f 1�6-Ld E.; N REPRESENTATIVE (Print) TSN REPRESENT4TIVE TITLE SI URE DATE Tactical Systems Network(TSN) ,600 Texas Street,Ste.201,Fort Worth,Texas,USA 76102 4 0:817.332.9944—F:817.332.9955—E: Info@TSNLLC.com-TX Lic:C15123-W:TSNLLC.com i y, 9 1 s l i Syst-rns Network CONTACT INFORMATION PRIMARY CONTACT: NAME TITLE EMAIL OFFICE PHONE Ext. MOBILE PHONE ALTERNATE PHONE SECONDARY CONTACT: NAME TITLE EMAIL OFFICE PHONE Ext. MOBILE PHONE ALTERNATE PHONE BACKUP CONTACT #1: NAME TITLE EMAIL OFFICE PHONE Ext. MOBILE PHONE ALTERNATE PHONE BACKUP CONTACT,#2: . NAME TITLE EMAIL , OFFICE PHONE Ext. MOBILE PHONE ALTERNATE PHONE BILLING/MAILING INFORMATION: NAME TITLE EMAIL OFFICE PHONE Ext. ASSISTANT NAME ASSISTANT PHONE BILLING CITY, STATE, ZIP CODE NOTES/INSTRUCTIONS: (Please list any additional instructions or points of contact within this section. Additional pages can be attached if required. Each additional or supplemental page requires a signature and date by both the Client and TSN. Tactical Systems Network(TSN)—600 Texas Street,Ste.201, Fort Worth,Texas,USA 76102 $ O:817.332.9944—F:817.332.9955—E: Info@TSNLLC.com-W:TSNLLC.com