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Item 4D Final CITY OF SOUTHLAKE Item 4D MEMORANDUM (December 6, 2016) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve contract renewal with Tactical System Network, LLC (TSN) for Town Hall Security Services in the amount of 120,000 Action Requested: Approve contract renewal with Tactical System Network, LLC (TSN) for Town Hall Security Services in the amount of 120,000. Background Information: 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 security improvements 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. TSN is a professional Security Consulting Firm that provides high level vulnerability assessments and customized security programs to protect their clients and associated workplaces. On October 30, 2014, City staff engaged TSN for a scope of services to conduct a Town Hall Risk and Vulnerability Assessment. 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 and made recommendations for security enhancements (please refer to Attachment C for the complete list and status). On January 5, 2016, City Council awarded a security contract to TSN for the placement of an armed, licensed, uniformed security concierge officer in Town Hall during the hours the building is open and for special City events as needed. TSN implemented a 5 person rotation security team to cover all of the Town Hall hours of operation as follows; and will include after-hours events such as City Council meetings and Art in the Square. Item 4D Page 2 of 3 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 As part of their daily procedures, the security officer monitors the Town Hall cameras from the security desk; conducts building sweeps; performs building opening and locking procedures per established security protocol; and provides a high level of customer service by assisting and guiding visitors to their destinations within the building. Financial Considerations: City Council approved funding in the FY 2017 budget for the continuation of the Town Hall security contract. Funding is available in the Public Works Operations/Facilities budget within the contract services line item (00111610-535000). TSN is not proposing a price increase for FY 2017. Additionally, Tarrant County will participate in 25% of the cost of the security program per the Inter-local Agreement (ILA) 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 was reviewed by City Attorney, Tim Sralla, of TOASE. Alternatives: The City Council may approve or deny this request. Supporting Documents: Attachment A - Notification of Contract Renewal Attachment B - TSN Security Services Contract Attachment C - Table of Security Enhancements Item 4D Page 3 of 3 Staff Recommendation: Approve contract renewal with Tactical System Network, LLC (TSN) for Town Hall Security Services in the amount of 120,000. Staff Contact: Rob Cohen, Director of Public Works Cristina McMurray, M.P.A, C.P.M, Deputy Director/Operations Attachment A C"or SOUTHLAM October 20,2016 Tactical Systems Network TSN 600 Texas Street Ste.201 Fort Worth,Texas 76102 Attn: J.Tegan Broadwater Subject: Notification of Contract Renewal for Southlake Town Hall Security Services Dear Mr.Broadwater, The City of Southlake is providing notification of contract renewal,pending City Council approval,for"Southlake Town Hall Security Services". This renewal shall become effective January 5,2017 pending City Council approval(CC Award date . Your company has indicated no increase is requested at this renewal. This contract shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: If stated in document Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for annual renewal City Contact: Kurt Ackermann 817-748-8102 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or Email:accoutitspiyablc(@,ci.sotithlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPD, CPPB City of Southlake 1400 Main Street,Suite 440 Southlake,Texas 76092 tslitka((ci.southlake.tx.us Attest: Fax: 817-748-8048 Lori Payne,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney Attachment B • Tactical Systems Network SECURITY SERVICES CONTRACT This contract Is entered into beginning 01/0512016, between the pity 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 io 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 Ithe 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. i Tactical Systems Network(TSN)--60D Texas Stmot,Sto.201,Fort WorthiTexas,USA 76102 1 0:617,332.9944-F:917.332.9955—F:Infoc@TSNLLC.corn-W:7SNLLC.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: NIA 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 occaslon, 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, oromissions in a written or verbal report provided to the Client by TSN. 10. CRIMINAL BREACH: In the event that TSN, while acting oh 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. Notwithst�riding 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. �® TadicalSystems Network(TGN)—&00Texas Street,Ste.201,FortWorth,Texas.USA M02 2 O:817.332.9944—F:817.332.9955—E:Info@TMLC.com-TX Lic,Ci5)23-W:TSNLLC.com i I Tactical Systems Network (b) Equitable RelieflEquitable 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 thisi 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, ad 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 CONTRACTIRATES: 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: $30.09$26.50/Per-Man Hour Armed/Licensed/Plain Clothed Protection Professionals: $75.00$45 OOlPer-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. Taotloel Syoiema Notwork(TSN)--80o Texas Street,Ste.201,Fort Wodh Texas,USA 76142 3 O:817.332.9944—F:817.332.9855—E:Info1T3NLLC.com-W:1.SNLLO.com , 17. INDEMNITY. , TSN agrees to indemnify and hold harmless, and does by this agreement hereby indemnifies f 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 I 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 1 acknowledges that he/she is authorized to sign and enter into this agreement on behalf of the Client, I , 1n,gY62s FULL NAME (Print) COMPANY/ORGANIZATION /1-m Ya2s JSIGNATURE DATE { SN RE RESENTATIV ( rin ) TSN RERRIESENTATIVE TITLE ' I RE ATE i I I i I ,`S�trrrarruirr��f�' ,• 5ourrr� , LORI PAYNE,7R CITYSECRETARY r,,+ u+i r rr�i r i 1 SNJ' OF WN CITY ATTORNEY Tactical Systems Network(TSN)-600 Tens Street,Sla.201,Fort Worth,Texas,USA 76102 h €': r� 0;817.332.9844-F;B17.332.9955-E:Irrfo@TSNLLC.com-TX Lic:C15123-W:TSNLLC.com os CL 0 o 10 m m a) 0 0 0 0 a O � Q- 0- � 0)cr m o 0 Q Efo -°o E Q'�E ._ o � ° � E o `O � v _ U O E U C) 0- a) N O U) >, O C O -0 E U n Q-p _0 'O A w U ° NU E N 00O N OO (O N E °70 O Qp O O N O6 U . 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