Agenda Item AGENDA STAFF REPORT ASR Control 24-000810
MEETING DATE:	12/17/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	John Wayne Airport (Approved)
Department contact person(s):	Charlene Reynolds (949) 252-5183
	Richard Steele (949) 252-5264

Subject: Approve Amendment Number One for Armed Security Guard Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $1,614,766

Annual Cost: FY 2025-26 $3,987,016
FY 2026-27 $2,416,882

Staffing Impact:

No

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 280: 100%	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 12/14/2021 #27

RECOMMENDED ACTION(S):

1.

Authorize the County Procurement Officer or Deputized designee to execute Amendment Number One to the Subordinate Contract with Universal Protection Service, LP dba Allied Universal Security Services for Armed Security Guard Services, effective February 1, 2025, through January 31, 2027, in an amount not to exceed $8,018,664.

2.

Pursuant to Contract Policy Manual Section 3.3-113, authorize the County Procurement Officer or Deputized designee to exercise a contingency contract increase, not to exceed a total of 10 percent of the Contract amount for the first year of the Contract, for the entire term of the Contract, including renewals, and within the scope of work set forth in the Contract. The use of this contingency contract increase is subject to approval requirements established by the County Procurement Officer.

SUMMARY:

Approval of the subordinate contract with Universal Protection Service, LP dba Allied Universal Security Services will fulfill a critical security function by providing continued private security guard services at John Wayne Airport.

BACKGROUND INFORMATION:

On December 14, 2021, the Board of Supervisors (Board) approved and executed Subordinate Contract MA-280-22010553 with Universal Protection Service, LP dba Allied Universal Security Services (AUS), effective February 1, 2022, through January 31, 2025, in an amount not to exceed $8,618,267, with the option to renew for one additional two-year term.

AUS provides services necessary to meet Title 49 CFR 1542 Airport Security Regulations related to the enforcement of airport access control procedure, applicable elements of the Airport Security Plan, Department of Homeland Security (DHS)/Transportation Security Administration security directives; vehicle traffic management; escorting; assisting airport tenants, authorized visitors, and guests; and administrative requirements. Assignments include: seven posts that provide departure and arrival level curbside traffic management for all terminals (18 hours a day/seven days per week), one air cargo vehicle access post (eight hours a day/five days per week), three airfield vehicle access posts (24 hours a day/seven days per week), one post that monitors the Terminal C Sterile Area exit stairway and escalator (18 hours/seven days per week), one post that conducts concession product inspection prior to entry into the terminal sterile area (16 hours/seven days per week), one shift supervisor (24 hours/seven days per week) for airfield security posts, and one shift supervisor (18 hours/seven days per week) for terminal and curbside traffic posts. One Account Manager (40 hours/seven hours per week) and one Post Commander (8 hours/five days per week) are assigned to effectively manage logistics, training, hiring, coaching, counseling, terminations and administrative functions related to the private security workforce covering over 8,000 monthly staffing hours at John Wayne Airport (JWA).

AUS is also the only private security company that maintains a DHS Safety Act Certification, which would provide liability protections to JWA in the event of a terrorist attack.

Performance Metrics

The following metrics have been implemented to assess AUS’s performance:

Goals	FY 22/23 Actual	FY23/24 Actual
Staff 13 security posts with qualified, trained personnel 100% of the time to meet Title 49 CFR 1542 – Airport Security regulatory requirements	100%	100% (Average # of hours: 7,732)
Staff additional security posts and provide escort to support construction projects	100%	100% (Total # of hours: 20)
April 2023: Develop, train security officers, and implement a random employee screening (“Aviation Worker Screening”) Program to meet TSA Security Directive deadline of September 2023	N/A	Amendment One to AUS contract Program implemented before TSA required deadline
Conduct Aviation Worker Screening and report prohibited items when discovered to TSA and Orange County Sheriff's Department personnel	N/A	Total Employees Screened: 8,924 Total Prohibited Items Reported: 5
Maintain DHS Safety Act Certification Rating (80 percent minimum to pass)	99%	99%
Report security incidents to the Orange County Sheriff’s Department – Airport Police Services	10	15

JWA is seeking to renew the contract with AUS for an additional two years, in an amount not to exceed $8,018,664. This is an annual increase of $1,136,576 compared to years one, two, and three. The reason for this annual cost increase is due to the following:

1.	In April 2023, a TSA Security Amendment was published requiring all regulated airports to establish phase one of a program to randomly screen aviation workers, the “Aviation Worker Screening (AWS) Program” entering the Terminal Sterile Area before September 25, 2023. JWA was able to meet this regulatory deadline before the effective date due to AUS’ ability to hire, train, and support the additional security requirement. Phase two of this TSA Security Amendment will require additional responsibilities before April 2026. Two positions would be added. A female and male security officer are assigned to each AWS deployment.
2.	On January 1, 2024, California Assembly Bill 1522 (AB 1522) enacted the “Healthy Workplaces, Healthy Families Act of 2014,” which requires employers to provide paid sick leave to employees. The implementation of this law has prompted an increase in sick leave requests, which in turn, contributes to AUS being below minimum staffing and several security officers not being relieved for breaks and lunches to comply with the California meal and rest break law. Two positions would be added to cover breaks and lunches.
3.	The increased construction activity due to terminal tenant improvement projects and capital improvement projects has generated the need to enforce traffic Orange County Code of Ordinances (OCCO) and Airport Security Plan regulations. Vehicle drivers are regularly stopping in emergency lanes and drive lanes, and leaving unauthorized vehicles unattended prior to the first traffic signal on the lower level (Arrivals) curbsides. One position would be added seven days per week during peak traffic times to manage these areas.
4.	The increased construction activity has also increased after-hours escort and security gate monitoring requests.
5.	Promoting the Site Supervisor to an Assistant Account Manager position is necessary to accomplish the following: - Respond to private security complaints and emergency incidents, liaison with Airport Operations and Sheriff’s Department personnel, and generate daily TSA required reports seven days per week, 8:00 AM to 11:30 PM. Current manager coverage is Monday through Friday only, 8:00 AM to 5:00 PM. - Promptly coordinate late construction project escort and access requests. - Provide overtime authorization.
6.	Allow AUS to replace an existing pickup truck ($1,200 monthly) with a vehicle that has more seating capacity ($1,500 monthly) to transport more security personnel between security posts and parking locations.

Prior to contract expiration, JWA will participate in the solicitation of a new Regional Cooperative Agreement (RCA) for Security Guard Services before the expiration date of September 30, 2026. JWA will then award a new Subordinate Contract prior to this amendment's expiration date, January 31, 2027.

JWA requests that the Board authorize, pursuant to Contract Policy Manual Section 3.3-114, the County Procurement Officer or Deputized designee to exercise a contingency contract cost increase in an amount not to exceed 10 percent of the contract amount for the first year of the contract, for the entire term of the contract, including renewals, and within the scope of work set forth in the contract. The use of this contingency contract cost increase is subject to approval requirements established by the County Procurement Officer.

The Contractor’s performance has been confirmed satisfactory. JWA has verified there are no concerns that must be addressed with respect to the Contractor’s ownership/name, litigation status or conflicts with County interests.

The Orange County Preference Policy (OCPP) was applicable and incorporated into this RCA. There was one OCPP qualified proposal submitted into this solicitation, High Level Security Solutions, Inc. and based on the final scoring, a contract was awarded to this OCPP qualified vendor, receiving an eight percent point advantage as a qualified Disabled Veteran Business Enterprise/Orange County Local Small Business.

The Contract does not currently include subcontractors or pass through to other providers. See Attachment C for the Contract Summary Form.

Compliance with CEQA: This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment; or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it is an amendment to a contract for security protection services. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for this Contract are included in Fund 280, Airport Operating Fund, FY 2024-25 Budget and will be included in the budgeting process for future years.

The Contract referenced in this agenda item contains language that permits reductions or termination of the Contract immediately and without penalty if approved funding or appropriations are not forthcoming.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A – Amendment Number One to Subordinate Contract MA-280-22010553 with Universal Protection Service, LP dba Allied Universal Security Services
Attachment B – Contract Summary Form
Attachment C – Title 49 Code of Federal Regulations Part 1542 - Airport Security and the Airport Security Plan
Attachment D – California Assembly Bill 1522 (AB 1522)