Item D-12 Agenda Report — Beverly Hills City Council, June 21, 2022

AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:

To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

UNIVERSAL PROTECTION SERVICE, LP D/B/A ALLIED UNIVERSAL

SECURITY SERVICES FOR THE STAFFING AND MAINTENANCE
OF THE BEVERLY HILLS CITY JAIL; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2022/23
IN AN AMOUNT NOT TO EXCEED $933,161; AND

REQUEST FOR ONGOING APPROPRIATION OF FUNDS IN THE
AMOUNT OF $95,152
Attachments: 1. Agreement

2. Bid No. 22-170-02

RECOMMENDATION
Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Universal Protection Service, LP d/b/a Allied Universal Security Services for the staffing and maintenance of the Beverly Hills city jail. Staff also recommends the approval of a purchase order for Fiscal Year (“FY”) 2022-23 in an amount not to exceed $933,161. Additionally, Staff recommends that the City Council approve a request for ongoing appropriation of funds in the amount of $95,152.

INTRODUCTION
In 2008, the City Council adopted a resolution that privatized the staffing and operation of the Police Department’s jail facility. At that time, the City contracted with The Wackenhut Corporation to train, provide and supervise personnel in general and specific operations of the jail facility. The net effect of privatizing this aspect of City operations has been increased operational efficiency at a reduced cost.

The outsourcing model that the City has implemented in the jail involves a contract vendor supplying qualified staff and on-site supervision for jail operations while the Police Department maintains managerial control. Unlike other municipalities that allow D-12
Meeting Date: June 21, 2022

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outside vendors to administer their entire jail programs, the Beverly Hills Police Department exercises direct control over the jail facility on a day-to-day basis. This risk management strategy ensures rigorous, proactive monitoring of the health and safety aspects of operating a Type 1 Jail Facility and enables the Police Department to control the quality of services provided to inmates and law enforcement personnel at all times.

The Wackenhut Corporation changed its name to G4S Secure Solutions (USA) Inc. in 2010. In 2021, G4S Secure Solutions (USA) Inc., changed its name to Universal Protection Service, LP d/b/a Allied Universal Security Services.

DISCUSSION
On March 8, 2022, the City released a Request for Proposal Bid no. 22-170-02 requesting prospective respondents to submit proposals for the provision of services for the City’s Type 1 Jail Facility, including transportation services. The bid closed on April 14, 2022 having received one bid from Universal Protection Service, LP d/b/a Allied Universal Security Services for both jail staffing services and transportation services.

The agreement between the City of Beverly Hills and the County of Los Angeles for jail transportation services was terminated on June 30, 2019, at the request of Los Angeles County Sheriff Alex Villanueva due to staffing shortages. Inmate transportation services places a tremendous staffing strain on the Department when the Department must assign up to two patrol officers to this duty versus contracting out this service. This extra duty takes officers out-of-service to the Beverly Hills community for up to four hours daily. To avoid this, the RFP called for the vendor to provide these transportation services.

Universal Protection Service, LP d/b/a Allied Universal Security Services provides continuous and reliable jail operations and jail management services. They have provided this service for over decade, under their former name, consistently exceeding the Police Department’s customer service and cost saving expectations. Universal Protections Service expanded their jail staffing and management services by adding a jail transportation component, thus eliminating the need to utilize officers for this detail.

This service allows Beverly Hills police officers to remain in the City protecting the community, while Universal Protection Service transports inmates to the Los Angeles County Superior Court Airport Branch.

FISCAL IMPACT
The Jail Operating budget (00102403-731220) for FY 22-23 of $1,160,000 currently supports four agreements:

Contractual Service Amount
Jail Booking Fees (LASC) $7,500
Jail Groceries for Inmates $10,000
Jail Medical Services and Narcan
Administration
$304,491
Jail Staffing and Transportation
Services
$933,161
Total Jail Operating Costs $1,255,152
To maintain this program at the current level, an additional appropriation of $95,152 is needed from the General Fund. If approved, this appropriation increase will be Meeting Date: June 21, 2022

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incorporated in the FY 2022-23 budget as an on-going expense, and each year thereafter.

Jeff Muir,
Director of Finance
Mark Stainbrook,
Chief of Police
Approved By Approved By
Attachment 1
-1-
B0785-0001\2660375v5.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

UNIVERSAL PROTECTION SERVICE, LP D/B/A ALLIED

UNIVERSAL SECURITY SERVICES FOR THE STAFFING AND

MAINTENANCE OF THE BEVERLY HILLS CITY JAIL
NAME OF OPERATOR: Universal Protection Service, LP d/b/a Allied Universal Security Services
RESPONSIBLE PRINCIPAL OF OPERATOR: Steven Claton, President OPERATOR’S ADDRESS: 1551 N. Tustin Avenue, Suite 650
Santa Ana, CA 92705
Attention: Steve Claton, President
OPERATOR’S E.I.N/TAX I.D. NO.: 33-0973846
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark G. Stainbrook, Chief of
Police
COMMENCEMENT DATE: July 1, 2022
TERMINATION DATE: June 30, 2025, unless extended pursuant to Section 5 of this Agreement
CONSIDERATION: Not to exceed $933,160.53 per fiscal year Total not to exceed amount of
$4,665,802.65
DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -2-
B0785-0001\2660375v5.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

UNIVERSAL PROTECTION SERVICE, LP D/B/A ALLIED

UNIVERSAL SECURITY SERVICES FOR THE STAFFING AND

MAINTENANCE OF THE BEVERLY HILLS CITY JAIL
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “City”), and Universal Protection Service, LP d/b/a Allied Universal Security Services (hereinafter called “Operator”).

RECITALS
A. WHEREAS, City owns a jail facility used to book, fingerprint, house and care for prisoners on a temporary basis, generally not more than 96 hours, excluding holidays; and
B. WHEREAS, City and Operator acknowledge that Assembly Bill 32 (“AB 32”) prohibits the operation of a private detention facility within the state of California. City and Operator agree that Operator does not operate or manage the City jail facility as defined under AB 32, Penal Code sections 9500(b) and 9501.

C. WHEREAS, City and Operator desire to enter into an agreement whereby Operator will provide the operation, management and supervision of City’s existing Jail in accordance with the laws, rules, regulations and procedures of the State of California, including without limitation California Code of Regulations Titles 15 and 24, and as set forth in this Agreement; and
D. WHEREAS, City and Operator are authorized to enter into this Agreement under applicable law;
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

Section 1. Definitions.

A. “City’s Jail Supervisor” shall mean the person assigned by the Department as the official liaison or point of contact between the City and Operator on all matters pertaining to the operation and management of the City’s Jail Facility, who works for, and is paid by, the City. The Jail Supervisor will be the point of contact between the City and Jail Superintendent on day-today operations, unless the Department appoints a different point of contact. Decisions regarding policy or operational changes will necessarily be forwarded up the chain of command through the Assistant Division Commander to the Field Services Division Police Captain.

B. “Department” shall mean the City of Beverly Hills Police Department.

C. “Employee(s)” shall mean any person(s) employed by and/or under contract by the Operator, expressed or implied, oral or written, to provide the services under this Agreement.

DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -3-
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E. “Jail Bureau Manuals” shall mean the official policy and procedure manual of the Department for the operation of the Jail, including protocol for Jailer conduct, and is comprised of the Jail Operations Manual, Jail Bureau Medical Procedures Manual, Jail Bureau Emergency Procedures Manual, Beverly Hills Police Department Manual and applicable Beverly Hills Administrative Regulations as determined by the City’s Technical Representative, which shall hereafter be referenced collectively as the “Jail Bureau Manuals”, including any and all amendments issued to such manuals or administrative regulations during the term of this Agreement. The maintenance and revision of the Jail Bureau Manuals shall be the responsibility of the City, and shall be in compliance with City requirements, all legal mandates, and all Minimum Standards. The Jail Bureau Manuals will be reviewed and approved by the City’s Technical Representative periodically as required. The Jail Superintendent will be advised in writing of any revisions to the Jail Bureau Manuals made by the City’s Technical Representative prior to implementation. If any new manuals or administrative regulations are adopted during the term of this Agreement that are applicable to the services provided under this Agreement, the City’s Technical Representative will advise Operator and provide Operator an opportunity for review and comment. The manuals or administrative regulations once adopted will be made part of the Jail Bureau Manuals, and will automatically be incorporated herein by this reference.

F. “Jail Superintendent” shall mean an employee of Operator (“Employee” or Operator Employee”), responsible for managing the City’s Jail Facility and supervising the Jailers as outlined in the Jail Bureau Manuals and meeting all Minimum Standards. The Jail Superintendent shall meet regularly with the City’s Technical Representative to resolve any Jail related problems. The Jail Superintendent will attend any and all Jail audits as required.

G. “Minimum Standards” shall mean all applicable Federal and State requirements, laws, and statutes, applicable court orders, the Jail Bureau Manuals and California Board of State and Community Corrections standards, whether now in effect or hereafter effected or implemented, as applicable to the services provided by Operator at the Jail Facility pursuant to this Agreement, except as waived in writing by the City or State. Where a conflict exists between Federal and State requirements, laws, and statutes, applicable court orders, and California Board of State and Community Corrections standards, the more stringent shall apply.

H. “Operator” shall mean Universal Protection Service, LP d/b/a Allied Universal Security Services as used in this Agreement, Operator shall also include Employees of Universal Protection Service, LP d/b/a Allied Universal Security Services, when such use is appropriate in the context of the text.

I. “Service Commencement Date” shall mean the date upon which the Operator commences the provision of operational and management services for the Jail.

Section 2. Purpose.

The purpose of this Agreement is to establish the terms and conditions under which Operator will staff and maintain the Jail Facility.

Section 3. Grant of Operating Rights.

Section 4. Scope of Services
In accordance with the terms of this Agreement and applicable California and Federal law, DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -4-
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Operator shall staff, manage, and maintain the Jail Facility for City as described in Scope of Services, which is attached hereto and incorporated herein as Exhibit A. This includes but is not limited to receiving, processing, housing, monitoring, transporting and/or releasing prisoners arrested by officers of the Department and/or any other law enforcement agency, and performing other related duties as outlined in the Department’s “Jail Bureau Manuals.” Section 5. Term of Agreement.

This Agreement shall be for a period of three years commencing upon the Service Commencement Date and terminating three years thereafter (“Term”). The City Manager or his designee, in its sole authority, may grant up to two one-year extensions to the Term. The extension shall be upon the same terms and conditions as set forth in the Agreement, subject to any modifications, upon mutual written consent of the parties.

Section 6. City Use of Jail Facility.

A. City’s Use of Jail Facility. City shall have the right to access the Jail Facility at any time to: (i) conduct inspections to determine Operator compliance with the requirements of this Agreement, the Jail Bureau Manuals or with other applicable City operational standards; and (ii) conduct required Department activities, including but not limited to fingerprinting or interviewing of prisoners.

B. Locks and Keys. The City shall provide Operator and its Employees with all keys and security devices necessary to operate, manage, supervise and maintain the City’s Jail Facility. The Operator and its Employees shall be responsible for the proper use, storage and accounting of all keys and security devices. Operator and its Employees shall use City provided keys only and shall not duplicate any key or change any lock without the express prior written permission of City. Nor shall Operator or its Employees provide, lend or give such keys to any third person or entity not authorized by City to provide services under this Agreement. City shall at all times retain and have the right to use keys to all Jail facilities. In addition, City shall have the right to use such keys and any and all other means which City may reasonably deem proper to open any lock upon or about the Jail Facility in order to obtain entry in an emergency.

Section 7. Utilities and Management.

A. Utilities. City shall be responsible for providing all utilities in the Jail Facility.

Otherwise, calls made by Operator and its Employees shall be billed to personal or corporate credit cards and shall be the responsibility of Operator and/or its Employees.

C. Personal cell phones and other electronic devices. Operator and all Employees shall silence and secure cell phones, “iPhone”, “Blackberry” devices or other similar personal digital assistant (“PDA”) devices, any audio or video recording devices, personal computers, gaming devices and/or any other similar electronic devices while in the Jail Facility, whether the employee is on duty or off duty. Failure to adhere to this requirement will result in immediate removal from the Jail Facility, and possible disciplinary action by the Operator.

D. Maintenance. City shall maintain the physical structure of the Jail Facility including furniture and equipment contained therein, in accordance with the applicable Minimum Standards, including ordinary routine maintenance, and will in so doing, maintain, preserve and keep the Jail Facility in good repair, working order and condition and will, from time to time make or cause to DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -5-
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be made, all necessary and proper repairs, replacements and renewals, which shall thereupon become part of the Jail Facility. City shall have responsibility for all repairs, replacements and renewals related to the building system such as electrical supply, hot water heaters, sewers, etc., and structural conditions or defects of the Jail Facility building, subject to the provisions of paragraph F (Damage to Jail). The City shall also provide janitorial services for the Jail Facility.

Notwithstanding the above, Operator shall provide daily cleaning of the Jail Facility, as necessary, to maintain a clean and safe Jail Facility environment and will notify City of needed maintenance or repairs in writing immediately.

E. Fixtures. The Operator and its Employees are strictly prohibited from installing machinery, equipment, and/or electronic devices and/or any other personal property (“fixtures”) in the Jail Facility without prior written approval from the City’s Responsible Principal or his designee. If City has given its prior written approval for such fixtures and their installation, the cost of the fixtures and their installation shall be borne by Operator and such equipment shall constitute fixtures and remain part of the Jail Facility and may not be removed from the Jail Facility.

F. Damage to Jail. Any and all damage to the Jail Facility shall immediately be reported to the City’s Responsible Principal or designee, or in his/her absence, the Watch Commander. Promptly after the occurrence of any loss or damage to the Jail Facility that materially affects the continued operation of the Jail Facility, the parties shall notify each other of such loss or damage and shall jointly assess the nature and extent of such damage or loss. As soon as practicable and desirable thereafter, the parties shall determine to rebuild, repair or restore such damage or loss or to terminate this Agreement as provided for in section 13. In the event City shall desire to repair, rebuild or restore the Jail Facility, Operator and City shall mutually determine the allocation for payment of the costs of undertaking such repair, rebuilding or restoration. If City determines not to rebuild, repair or restore the Jail Facility, then this Agreement shall terminate with respect to the Jail Facility thirty (30) days after such determination is made in accordance with this section. Neither party is under any obligation to rebuild, repair or restore the Jail. Operator shall complete all damage reports required by the Minimum Standards, including those required by City. In the event it is determined that the damage to the Jail Facility was caused by Employees of the Operator through either negligence or failure to adhere to proper policy and procedure as outlined in the Jail Bureau Manuals, the cost of repair to the Jail facility will be borne solely by the Operator.

Section 8. Operator’s Employees.

A. Employee Background Investigation: A background investigation shall be made by Operator of the Jail Superintendent, and all prospective employees prior to any prospective employee being hired by Operator for assignment to the Jail, at Operator’s sole expense. Results of such investigation shall be made available to the City and the City shall have the right to interview and reject or approve all prospective Operator employees before being assigned to the Jail, provided that any rejection is made in writing and in accordance with applicable law. Operator shall maintain on file for each employee two completed fingerprint cards, a photograph taken within the last six months, a criminal history, and immigration information (where applicable).

Operator shall provide City with access to the personnel files of Employees assigned to the Jail Facility, as permitted under applicable law.

B. The Employee background investigation shall consist of the following:

1. Employment/Qualifications Verification: Conduct a five (5) year employer background check to verify applicant has not been terminated for other than honorable circumstances and to verify education and periods of employment. In addition, Operator personnel shall successfully complete a medical evaluation that confirms their ability to perform the essential functions of the job prior to assignment to the Jail.

DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -6-
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2. Education: Conduct an education review of the applicant to determine completed educational level. Validate all references made to completing “Equivalency Test” for High School level

3. Drugs: Conduct a random drug-screening test to verify non-usage of drugs upon initial hiring or thereafter “for cause”. Applicants who are narcotics offenders or use dangerous drugs or alcohol to an excessive degree as defined by City will be disqualified.

4. Reference Check: Conduct a minimum of three personal reference checks.

5. DMV Check: Where driving is part of the job responsibilities, Operator shall provide California Department of Motor Vehicles (DMV) reports on all prospective Operator employees to City for review. City shall establish minimum driving requirements for any Operator Employee who will be driving any City vehicle, which must be adhered to by the Operator and its Employees. Prior to Operator’s employees performing services under the Agreement, Operator shall notify City of Operator’s employees who are not licensed to drive.

6. Fingerprints: Process through Live scan the applicant’s fingerprints for the California Department of Justice and NCIC/FBI clearance. Fingerprinting and processing of applicant to obtain clearances shall be performed by public applicant live scan site, with the required Department of Justice fees paid by Operator. Fingerprinting must be completed, and clearances received prior to applicant working in the City Jail Facility.

7. Credit Check: If permitted under applicable law, conduct a standard credit check to determine financial responsibility. Interview all credit agencies that have given a negative review to determine the cause of said negative review.

8. Psychological Review: Conduct a Minnesota Multiphasic Personality & Intelligence Test (MMPI) to determine moral integrity and mental stability of applicant. The psychological evaluation shall be conducted by a clinical psychologist acceptable to the City.

C. Orientation and Training: Operator shall provide an orientation program for all Employees, as well as initial and recurring training in compliance with the applicable Minimum Standards and this Agreement. All training shall be conducted as close to the Jail as possible.

Operator shall provide City with access to the training records of all Operator Employees assigned to or working in the Jail.

D. Court Appearances: Operator shall pay all costs associated with court appearances made by Employees arising out of services provided under this Agreement.

E. Lines of Authority: Operator’s Jail Superintendent will report orally and in writing to City’s Technical Representative when or if problems are experienced in the Jail such as, but not limited to, inappropriate behavior in the Jail, use of force by an Operator’s Employee, accidents in the Jail, etc. In the absence of the Technical Representative, such report shall be prepared immediately after the situation is stabilized and reported to the Watch Commander and Assistant Division Commander.

F. Reassignment of Operator Employees: City reserves the right without cause to require the Operator to immediately remove and reassign any Employee from the Jail Facility, provided such request is in accordance with applicable law. Initial notification may be provided to the Operator orally, as long as City immediately provides Operator with formal written notice to immediately remove and reassign any Employee from the Jail Facility.

Section 9. Orientation and Training.

A. Operator shall ensure that all Employees assigned to the Jail Facility are in DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -7-
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compliance with the applicable training required by law.

B. Operator shall provide and ensure that the following training levels are achieved and maintained by Operator’s Employees, at Operator’s expense.

1. Jailer Training. In compliance with California Penal Code Section 831 and the terms of this Agreement, City prefers that 50% of the Employees assigned to work at the Jail Facility shall have successfully completed a 176 hour “Type 1” Corrections Officer Core Course training class (“Core Course”) provided by a vendor approved by the California Board of State and Community Corrections (“Title 15 Training”) before they are assigned to carry out the requirements of this Agreement. All Jailers who have not successfully completed the Core Course shall successfully complete the Core Course within their first twelve months of working at the Jail Facility.

In compliance with the California Board of State and Community Corrections annual training requirements, each Jailer assigned to the Jail Facility shall complete twenty-four (24) hours update instruction during any year he/she is not participating in a Core Course.

2. Jail Superintendent’s Training. Prior to assignment as the Jail Superintendent at the Jail Facility the candidate must have successfully completed the Core Course training class provided by a vendor approved by the California Board of State and Community Corrections, and have at least one-year experience working as a custody officer in a jail or prison, and one year in a supervisory capacity. Upon recommendation from Operator, the City, in its sole authority, may waive this requirement for one year of supervisory experience. The Jail Superintendent shall successfully complete the California Board of State and Community Corrections approved 80-hour “Type 1” STC Supervisory Course (“Supervisor Core Course”), prior to working at the Jail Facility. The Supervisor shall complete all training requirements, as outlined in Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1021. In compliance with the California Board of State and Community Corrections annual training requirements, the Jail Superintendent shall complete twenty-four (24) hours of update instruction during any year he/she is not participating in a Supervisor Core Course.

3. On-the-Job Orientation and Training. All Jailers and Jailer Superintendent shall attend 80 hours of orientation at the Department prior to beginning actual service or concurrently with actual service (“Orientation”). In addition, all Jailers and Jailer Superintendent shall participate in “on the job training” at the Department.

4. Basic First Aid. All Jailers and Jail Superintendent shall have successfully completed a basic first aid course, including CPR, provided by a vendor approved by the American Red Cross or American Heart Association, and maintain current certifications in both first aid and CPR. This may be provided as part of the 80 hours Orientation.

5. Department of Justice Criminal Offender Record Information (CORI) Training. All Jailers and Jail Superintendent shall complete a State mandated, minimum four (4) hour class on handling criminal offender record information. This training will be provided by the City at a location agreed upon by both parties of this Agreement and may be part of the 80 hours Orientation.

6. De-escalation Training. De-escalation is defined as the process of using strategies and techniques intended to decrease the intensity of the situation.

Operator shall require its correctional officers / jailers / custody officers to utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.

The intent of de-escalation techniques and strategies applies when safe and feasible throughout DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -8-
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the course of any interaction with an individual, even after force is administered. Operator shall provide training and guidance to its employees on when and how to use communication, deescalation, and crisis intervention strategies to defuse and resolve encounters, without the use of force, when safe and feasible to do so.

7. Fire and Life Safety. Pursuant to Penal Code section 6030(c), all Jailers and Jail Superintendent shall successfully complete a general fire and life safety training established by the Jail Bureau Manual, which is specifically related to the Jail Facility. This may be provided as part of the 80-hour Orientation.

8. Department’s Jail Bureau Manuals. The City Technical Representative shall provide an overview to Operator’s Jail Staff of the Department’s policies and procedures contained in the Jail Bureau Manuals that affect the operation of the City’s Jail Facility prior to working at the Jail Facility.

9. Orientation. City in conjunction with Operator shall assist Operator in the initial training orientation of Operator’s Employees to operate the Jail Facility prior to working at the Jail Facility. This shall be part of the on-the-job requirement set forth herein.

C. Stability of Supervision: The Jail Superintendent position is critical to the successful execution of this Agreement and must be filled by a person selected mutually by the Operator and the City’s Technical Representative. Because it is required that Jail Superintendent candidates have a minimum of one-year supervision experience in a jail or jail facility, it is required that the Jail Superintendent will remain at least one (1) year at the Jail Facility, assuming the Jail Superintendent remains an Employee of Operator, and Operator will not assign the Jail Superintendent to another jail facility operated by Operator. However, the City may seek the removal of a Jail Superintendent in writing in its sole discretion, provided such removal is in accordance with applicable law.

Section 10. City’s Responsibilities.

A. Cooperation. City shall work with and supervise the Operator in matters of law enforcement, security and communication with respect to City’s Jail Facility.

B. Information. City shall work with Operator in providing information requested and needed by Operator in the screening of candidates for employment. No liability shall attach to City for such cooperation and Operator agrees to fully indemnify and hold harmless City for providing such cooperation.

C. City Policies and Applicable Court Orders: City shall provide Operator with copies of all City policies applicable to City’s booking and custodial procedures and with any applicable court orders.

Section 11. Compensation.

A. City agrees to compensate Operator, and Operator agrees to accept in full satisfaction for the services required by this Agreement the consideration more particularly described in Exhibit B, attached hereto and incorporated herein. Said consideration shall constitute reimbursement of Operator’s fee for the services as well as the actual cost of any labor, equipment, materials, and supplies necessary to provide the services (including all labor, materials, delivery, tax, assembly, and installation, as applicable). Operator shall invoice City on a monthly basis and City shall pay Operator within thirty (30) days of receipt of invoice.

B. Facility Revenue is revenue due to or received by City or Operator from any source whatsoever that results from Jail operations, including, without limitation, payments received for DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -9-
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inmate housing, detention, transportation, telephone and food services. Facility Revenue shall be the sole property of City, regardless of whether it is paid to City or Operator. The City shall promulgate written regulations for the collection and audit of Facility Revenue if received by Operator. Such regulations shall be provided to and adhered to by Operator as if incorporated fully herein.

Section 12. Independent Contractor.

A. Operator is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Operator or any of Operator’s Employees, except as herein set forth. Operator shall not, at any time, or in any manner, represent that it or any of its agents or Employees are in any manner agents or employees of City.

B. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create the relationship of an employer-employee or principal-agent or to otherwise create any liability whatsoever for either party with respect to the indebtedness, liabilities, and obligations of the other party.

D. City reserves the right to require in writing Operator to remove any Employee of Operator from the performance of services under this Agreement, provided such removal is in accordance with applicable law. City also reserves the right to remove any Employee from any City property at any time either with or without cause.

Section 13. Default and Termination
A. Notice of Deficiency. In the event City determines that Operator has failed to satisfactorily perform its duties and responsibilities under this Agreement, City shall notify Operator of the specific nature of the deficiency. Upon receipt of such notice, Operator will be allowed twenty (20) calendar days to cure the deficiency. If Operator determines it cannot cure the deficiency within the twenty (20) calendar day period, Operator must submit, in writing, a plan for curing the deficiency to City (which plan shall show in detail by what means Operator proposes to cure the deficiency and the date the deficiency will be cured). Upon receipt of any such plan, City shall promptly review such plan and at its discretion, which must be reasonable in the circumstances, may allow or not allow, Operator to pursue such plan of cure. City agrees that it will not exercise its remedies hereunder with respect to contract default for so long as Operator diligently, conscientiously, and timely undertakes to cure the deficiency in accordance with the approved plan. If City does not allow Operator an extension of the cure period, the twenty (20) day time period shall be suspended during the period of time the Operator’s request for an extension of the cure period is pending before City.

B. Termination for Default. City may terminate Operator’s operations and management services whenever City determines that Operator has failed to satisfactorily perform its contracted duties and responsibilities in conformance to the specifications identified in this Agreement, and is unable to remedy such failure in accordance with paragraph A above. Such termination shall be referred to herein as “Termination for Default”. This Agreement may then be terminated by City upon service of a ten (10) day written notice to Operator.

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C. Further Rights. The rights and remedies of the parties provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

D. Termination for Operator Bankruptcy or Insolvency. In the event of the filing of a petition of bankruptcy by or against Operator or in the event of insolvency, City shall have the right to terminate this Agreement without penalty upon the same terms and conditions as a Termination for Default.

E. Termination for Damage. Either party may terminate this Agreement as provided in Section 7.F (Damage to Jail) by giving thirty (30) day notice of its intention not to rebuild, repair or restore the affected premises. Such termination shall be referred to herein as “Termination for Damage”.

F. Termination without Cause. In addition to the other termination and default provisions of this Agreement, each party reserves the right to terminate this Agreement at any time without cause by providing the other party with ninety (90) days written notice of termination.

In the event of termination without cause, the Operator shall be paid for all services rendered to and including the date of termination.

Section 14. Indemnification.

A. Operator agrees to indemnify, hold harmless and defend City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Operator or any person employed by Operator in the performance of this Agreement.

B. Under no circumstances, except for Operator’s obligations under this Section 14, will either party be liable to the other party, or any other person or entity, for consequential, incidental, indirect or punitive damages, or for lost profits.

C. All duties of Operator shall survive termination or expiration of the Agreement.

Section 15. Insurance.

A. Liability Insurance: Operator shall at all times during the term of this Agreement carry, maintain and keep in full force and effect a policy or policies of Comprehensive General Liability issued on an “occurrence” basis and not on a “claims made” basis and shall protect against any personal injury, death, loss or damage resulting from, directly or indirectly, from Operator’s performance and that of Operator’s Employees, of this Agreement. The policy or policies for the insurance identified above must be of a comprehensive form and on an “occurrence basis” with a minimum combined single limit of Ten Million Dollars ($10,000,000).

B. Automobile Insurance. Operator shall at all times during the term of this Agreement carry, maintain and keep in full force and effect a policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of Two Million dollars ($2,000,000) per occurrence combined single limit, covering any vehicle utilized by Operator or that of its Employees in performing the Services required by this Agreement.

C. Worker’s Compensation Insurance: Operator shall at all times during the term of this Agreement carry, maintain and keep in full force and effect workers compensation insurance as required by law.

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D. The policies of insurance required by this Agreement shall contain an endorsement naming the City and City’s elected officials, officers and employees as additional insureds.

Operator's naming of the City as an additional insured on its liability policies pursuant to this Agreement shall afford coverage to the extent of Operator’s liability under this Agreement. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced without providing prior notice to City. Such notice shall be provided in accordance with the policy terms and conditions, exclusion and provisions stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.

E. The insurance provided by Operator shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of Operator’s insurance and shall contribute with it only to the extent of City’s negligence. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. The Operator hereby waives all rights of subrogation against City.

G. Reassessment of Coverage: At the end of each contract year, City reserves the right to review insurance coverage requirements and to require increased insurance requirements depending upon assessment of the risk of exposure, Operator’s past experience, and the availability and affordability of increased Liability insurance coverage. To the extent such increased coverage increases Operator’s costs, Operator’s bill rates shall be adjusted accordingly.

H. Any deductibles or self-insured retentions must be declared to and approved by City. Approval of self-insured retentions and deductibles shall not be unreasonably withheld upon Operator’s demonstration of financial capacity to carry said deductibles and self-insured retentions. Should the City require additional security, the City shall accept a financial guarantee of Operator’s parent company guaranteeing payment of losses and related claims investigation, administration and defense expenses that fall within the policy self-insured retentions and deductibles.

I. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best's Insurance Guide.

J. Operator agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Operator’s expense, the premium thereon.

K. At all times during the term of this Agreement, Operator shall maintain on file with the City Clerk a certificate or certificates of insurance on a form acceptable to City’s Risk Manager showing that the aforesaid policies are in effect in the required amounts. Operator shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates.

L. The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Operator and its insurance carriers.

M. Waiver of Defenses: Neither City nor Operator shall waive, release, or otherwise forfeit any possible defense City or Operator may have regarding Claims arising from, or made in DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -12-
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connection with, the operation of the Jail by Operator without the written consent of the other party to this Agreement. City and Operator shall preserve all such available defenses and cooperate with each other to make such defenses available for each other’s benefit to the maximum extent allowed by law. This provision shall include any defenses City may have regarding litigation, losses, and costs resulting from claims or litigation pending at the time this Agreement becomes effective or arising thereafter from occurrences prior to the effective date of this Agreement.

N. Insurance not a Waiver: City does not, and shall not, waive any rights against Operator which it may have by reason of the hold harmless provisions of this Agreement because of the acceptance by City or the deposit with City by Operator, of any of the insurance policies described herein. The hold-harmless provisions of this Agreement shall apply to all damages and claims for damages of every kind suffered, alleged to have been suffered, by reason of any of Operator’s activities or any subcontractor’s activities, regardless of whether or not the insurance policies required by this Agreement are determined to be applicable to any such damages or claims for damages.

Section 16. City’s Representative.

City’s Technical Representative: The Chief of Police shall appoint a City’s Technical Representative for the Jail who shall work for and be paid by City. City's Technical Representative will be the official liaison between City and Operator on all matters pertaining to this Agreement and the services provided hereunder. City’s Technical Representative may appoint another City employee as acting City’s Technical Representative during his or her absence, and during such time the acting City’s Technical Representative shall exercise all rights and perform all duties of City’s Technical Representative under this Agreement. The City’s Technical Representative reports directly to the Field Services Division Commander.

Section 17. Right to Audit and Record Keeping.

A. City shall have the right to examine, audit and inspect records and accounts related to the services provided under this Agreement, including making copies thereof, free of charge.

Records and accounts shall include but not be limited to all financial books and records, maintenance records, Employee personnel records generated by Operator or maintained by Operator, including records of background investigation generated by Operator, or any other record held by a third party related to the performance of this Agreement subject to applicable law. Operator shall make the same available for inspection by City or City’s auditors at any time during normal business hours after reasonable prior written notice during the term hereof and for a period of five (5) years after the termination of this Agreement. In addition, Operator shall provide City with fiscal year and financial statements upon written request.

B. Operator shall keep, maintain and preserve in Operator’s principal place of business during the Term and for at least five (5) years following expiration or termination of this Agreement, complete and accurate records and accounts covering all services and transactions relating to this Agreement. If requested by City, Operator shall provide such records to City for the City to retain, as it deems necessary at the end of the three-year period. Financial records shall be maintained in accordance with generally accepted accounting procedures and principles.

In case a claim is made or litigation is filed relating to this Agreement, Operator shall maintain all records relevant to such claim or litigation until the claim or litigation is resolved. This provision shall survive termination of this Agreement.

C. Operator shall not release any Inmate records, unless such release is mandated by law, and then only after direction from the Department’s Custodian of Records. This provision shall survive termination of this Agreement.

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D. Operator shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as City deems necessary, but not more frequently than four times per annum. If records are not made available within the County of Los Angeles, Operator shall pay City’s travel, hotel and meal costs to the location where the records are maintained. Operator must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 18. Compliance Monitoring.

A. Self-Monitoring. Operator shall develop and submit to City for written approval, a detailed plan illustrating how Operator intends to monitor operations of the Jail to ensure compliance with this Agreement.

B. Monitoring by City. City may, in its discretion, in coordination with City’s Technical Representative, devise its own checklist or lists for monitoring the quality of Operator’s performance with this Agreement and the applicable Minimum Standards, the Jail Bureau DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -14-
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Manuals and Beverly Hills Police Department Policies, and Operator shall cooperate fully with City and City’s Technical Representative in obtaining the requisite information needed to complete such checklists and to assess the quality of Operator performance. Such monitoring by City shall not relieve Operator of any of its obligations under this Agreement.

Section 19. Representations and Warranties of Operator.

Operator represents and warrants to and for the benefit of the City with the intent that the City will rely thereon for purposes of entering into this Agreement the following stipulations:

A. Organization and Qualification. Operator has been duly incorporated and validly exists as an organization in good standing under the laws of the State of California with power and authority to conduct its business as presently conducted and as proposed to be conducted pursuant to this Agreement.

B. Authorization. This Agreement has been duly authorized, executed, and delivered by Operator and, assuming due execution and delivery by City, constitutes a legal, valid, and binding agreement enforceable against Operator in accordance with its terms.

C. No Violation of Agreements, Articles of Incorporation or Bylaws. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement. contract, governmental license or permit, or other agreement or instrument to which Operator is a party or by which its properties are bound, or any order, rule, or regulation of any court or any regulatory body, administrative agency, or other governmental body applicable to Operator or any of its properties, except any such conflict, breach, or default which would not materially and adversely affect Operator’s ability to perform its obligations under this Agreement, and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under, the Articles of Incorporation (or other, corresponding charter document) or Bylaws of Operator.

D. No Defaults Under Agreements. Operator is not in default, nor is there any event in existence which, with notice or the passage of time or both, would constitute a default by Operator under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, contract, governmental license or permit, or other agreement or instrument to which it is a party or by which any of its properties arc bound and which default would materially and adversely affect Operator’s ability to perform its obligations under this Agreement.

E. Compliance with Laws. Neither Operator nor its officers and directors purporting to act on behalf of Operator have been advised, and have no reason to believe, that Operator or such officers and directors have not been conducting business in compliance with all applicable laws, rules and regulations of the jurisdictions in which Operator is conducting business including all safety laws and laws with respect to discrimination in hiring, promotion or pay of employees or other laws affecting employees generally.

F. No Litigation. There is not now pending or, to the knowledge of Operator, threatened, any action suit, or proceeding to which Operator is a party, before or by any court or governmental agency or body, which might result in any material adverse change in Operator’s ability to perform its obligations under this Agreement, or any such action, suit, or proceeding related to environmental or civil rights matters; and no labor disturbance by the Employees of Operator exists or is imminent which might be expected to materially and adversely affect Operator’s ability to perform its obligations under this Agreement.

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G. Taxes. Operator has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon, and Operator has no knowledge of any tax deficiency which has been or might be asserted against Operator which would materially and adversely affect Operator’s ability to perform its obligations under this Agreement.

H. Disclosure. There is no material fact which materially and adversely affects or in the future will (so far as Operator can now reasonably foresee) materially and adversely affect Operator’s ability to perform its obligations under this Agreement which has not been accurately set forth in this agreement or otherwise accurately disclosed in writing to City by Operator preceding the date hereof.

Section 20. Notices.

Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Operator’s regular business hours or by facsimile before or during Operator’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

City: Chief of Police
Beverly Hills Police Department
464 N. Rexford Drive
Beverly Hills, California 90210
Fax: 310-246-9854
With a copy to: City Manager
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, California 90210
Fax: 310-274-3267
Operator: Universal Protection Service, LP d/b/a Allied Universal Security Services
1551 N. Tustin Avenue, Suite 650
Santa Ana, CA 92705
Attention: Steve Claton, Southwest Region President
Section 21. Miscellaneous Provisions.

A. Binding Nature. This Agreement shall not be binding upon the parties until it is approved and executed by both parties. This Agreement after properly approved and executed by the parties shall inure to the benefit of City and Operator and shall be binding upon City and Operator and their respective successors and assigns, subject to the limitations set forth in Section P, Prohibition Against Assignment, and elsewhere in this Agreement.

B. Maintenance of Corporate Existence and Business. Operator shall, at all times, maintain its corporate existence and authority to transact business in good standing in its jurisdiction of incorporation and California. Operator shall maintain all licenses, permits, and franchises necessary for its businesses where the failure to so maintain might have material adverse effect on Operator’s ability to perform its obligations under this agreement.

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C. Non-Discrimination. Operator shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this agreement, and will comply with any rules and regulations of City relating thereto.

D. Taxes, Liens and Assessments. Operator shall: (i) not create or suffer to be created, any lien or charge upon the City Jail or the City building that houses the Jail, or any part thereof; and (ii) pay all charges, including service charges, fees and business license fees and taxes, incurred or imposed with respect to the Jail or the obligations of Operator hereunder, which are not the expressed responsibility of the City under this Agreement.

E. Invalidity and Severability. In the event that any covenant, provision or restriction contained in this Agreement is found to be void or unenforceable (in whole or in part) by a court of competent jurisdiction, it shall not affect or impair the validity of any other covenant, provisions or restrictions contained herein, nor shall it affect the validity or enforceability of such provisions in any other jurisdiction or in regard to other circumstances. Any covenants, provisions or restrictions found to be void or unenforceable are declared to be separate and distinct, and the remaining covenants, provisions and restrictions shall remain in full force and effect.

F. Terminology and Definitions. All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and plural shall include the singular.

G. Jurisdiction. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venues of the courts located in the County of Los Angeles and both parties specifically agree to be bound by the jurisdiction and venue thereof.

H. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover, in addition to any other amounts, its costs of suit, including reasonable attorney’s fees and costs.

I. Governing Law(s). This Agreement shall be governed by and construed in accordance with the laws of the State of California.

J. Entire Agreement. This Agreement will constitute the entire agreement between the Parties and any prior understanding or representation, oral or written, relating to the subject matter hereof preceding the date of this Agreement will not be binding upon either Party and is superseded hereby.

K. Amendment. No changes to this Agreement shall be made except upon written agreement of both parties.

L Headings. The headings used herein are for convenience of reference only and shall not constitute a part hereof or effect the construction or interpretation of this Agreement M Waiver: The waiver by either party of any breach of any condition or covenant of this Agreement by the other party shall not be deemed as a waiver of any subsequent breach of the same or any other condition or covenant.

N. Remedies Cumulative. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -17-
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one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.

P. No Third Party Beneficiaries. The only Parties to this Agreement are the City and Operator. There are no third party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever.

Q. Compliance with Law. In providing the services under this Agreement, Operator shall comply with all applicable local, California and federal laws relevant to the provision of its services herein, including all applicable labor laws and wage and hour laws.

EXECUTED the day of 20 , at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

LILI BOSSE
Mayor of the City of Beverly Hills
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
[Signatures continue]
OPERATOR: UNIVERSAL PROTECTION

SERVICES, LP D/B/A ALLIED UNIVERSAL

SECURITY SERVICES

SCOTT NASO
Senior Vice President
DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -18-
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TIM BRANDT
Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

MARK STAINBROOK
Chief of Police
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -19-
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EXHIBIT A

SCOPE OF WORK
Operator shall staff and maintain City’s Jail Facility in accordance with California law, federal law and City’s Jail / Bureau Manuals which includes providing all labor to staff and manage the Jail Facility under the supervision of City.

City and Operator agree that the scope of Operator’s services provided to the City are limited to the staffing of security officers who shall comply with directives provided by City. Operator personnel are classified as security officers or custody officers, not detention officers. Operator’s responsibilities include, but are not limited to: receiving, processing and monitoring individuals at the Jail in accordance with Jail policies and procedures; ensuring there is appropriate staffing at the Jail as requested by City; and other duties such as releasing and transporting inmates as described in the Agreement or agreed upon by the parties in writing.

The Scope of Work includes receiving, processing, housing, monitoring, transporting and/or releasing inmates arrested by officers of City’s Police Department (“Department”) and/or any other law enforcement agency, and performing other related duties as outlined in the Department’s “Jail Bureau Manuals.”
As the Jail Facility is a Type 1 facility, housing of such inmates in the Jail Facility is for limited periods of time, usually not more than 96 hours, excluding holidays. City also may detain inmates on court order for their own safekeeping or those sentenced to a city jail as an inmate worker. City rarely detains inmates for their own safekeeping and does not accept inmate workers.

I. STAFFING OF JAIL
A. General Duties and Obligations; Standards. Operator shall provide services necessary to provide City with staffing, maintenance and management of the Jail Facility in compliance with the applicable Minimum Standards under the supervision of City.

B. Jail Bureau Manuals. City will provide complete Jail Bureau Manuals relating to all Jail operations, policies, and procedures, including field operations affecting Jail operations, and medical and emergency provisions. All applicable provisions set forth in the Jail Bureau Manuals shall be strictly followed and adhered to by Employees of the Operator. Operator’s Jail Superintendent must forward any questions, clarification, or interpretation issues to the attention of the City’s Technical Representative for response and direction, or in his/her absence, the Watch Commander or Assistant Division Commander.

C. Specified Duties and Obligations. Operator’s duties and obligations, including the duties and obligations of its Employees, shall be set forth in detail in the City’s Jail Bureau Manuals. In general, these shall include, but are not limited to, the performance of the services set forth in this Exhibit in accordance with the applicable Minimum Standards.

1. Intake and Release Processing. Operator shall provide intake, housing and release processing which shall include: (i) acceptance of inmate custody; (ii) inmate search as permitted by law; (iii) inventory and storage of inmate’s personal property and funds; (iv) entry of inmate data into City’s and Los Angeles County’s booking systems; (v) performing law enforcement database checks (JDIC/CLETS/NCIC) including but not limited to, the Criminal History System, Wanted Persons System, Los Angeles Countywide Warrant System, Los Angeles County Consolidated History System, Driver History database, and any other required check as may relate to an inmate: (vi) fingerprinting of inmate; (vii) taking and processing of DNA samples when required by law; (viii) generation of intake and release documents and records, including all Los Angeles County Health Department and Board required forms and reports DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -20-
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related to intake, photographing and fingerprinting of inmate; (ix) initiation of health and wellbeing screening, classification and housing assignment of inmate; (x) review and/or inspection of documents pertaining to inmates, including release documentation and ascertainment of inmate identification confirmation prior to release; (xi) return of inmate personal property and funds; (xii) completion of internal release documentation and ascertainment of inmate identification confirmation prior to release; (xiii) transportation as described in this Exhibit A, and any and all such other duties as may be required by applicable statute or rule.

2. Disciplinary Rules and Regulations. Operator shall impose discipline through rules, regulations, and orders pursuant to a disciplinary system in compliance with the applicable Minimum Standards set forth in City’s Jail Bureau Manuals. Operator shall provide the City a copy of the Operator’s disciplinary policies and procedures and any applicable Employee “code of conduct” which are subject to City’s written approval. Operator shall require that Operator’s Employees adhere to the Department’s Code of Conduct and such document shall be incorporated into Operator’s rules and regulations pertaining to Operator Employee conduct. In the event that an Operator Employee is deemed to have been engaged in misconduct or has committed a violation any law, rule, or regulation, Operator must notify City in writing immediately and must prohibit Operator Employee from providing services under the Agreement.

II. OPERATOR EMPLOYEES
A. Appropriate Jail Facility coverage by Operator Employees, including days and hours of Jail operation personnel, shall be determined by City and in accordance with all applicable laws and regulations, including City’s Jail Bureau Manuals.

B. Employee Background Investigation: A background investigation shall be made by Operator of the Jail Superintendent, and all prospective Operator Employees prior to any prospective employee being hired by Operator for assignment to the Jail, at Operator’s sole expense. Results of such investigation shall be made available to the City and the City shall have the right to interview and reject or approve all prospective Operator Employees before being assigned to the Jail, provided that any rejection is made in writing and in accordance with applicable law. Operator shall maintain on file for each Employee two completed fingerprint cards, a photograph taken within the last six months, a criminal history, and immigration information (where applicable). Operator shall provide City with access to the personnel files of each Employee assigned to the Jail Facility, as permitted by applicable law.

C. The Employee background investigation shall consist of the requirements set forth in Section 8 of the Agreement.

III. ORIENTATION AND TRAINING.

A. Operator shall ensure that all Operator Employees assigned to the Jail Facility are in compliance with the applicable training required by law and City’s Minimum Standards..

B. Operator shall provide and ensure that the following training levels are achieved and maintained by Operator’s Employees, at Operator’s expense.

1. Jailer Training. In compliance with California Penal Code Section 831 and the terms of this Agreement, City requires that 50% of the Employees assigned to work at the Jail Facility shall have successfully completed a 176 hour “Type 1” Corrections Officer Core Course training class (“Core Course”) provided by a vendor approved by the California Board of State and Community Corrections (“Title 15 Training”) before they are assigned to carry out the requirements of this Agreement. All Jailers who have not successfully completed the Core Course shall successfully complete the Core Course within their first twelve months of working at the Jail Facility. This shall also include the annual 24 hour training requirement. In compliance with the California Board of State and Community Corrections annual training requirements, each Jailer assigned to the Jail Facility shall complete twenty-four (24) hours update instruction during any DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -21-
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year he/she is not participating in a Core Course.

2. Jail Superintendent’s Training. Prior to assignment as the Jail Superintendent at the Jail Facility, the candidate must have successfully completed the Core Course training class provided by a vendor approved by the California Board of State and Community Corrections, and have at least one-year experience working as a custody officer in a jail or prison, and one year in a supervisory capacity. Upon recommendation from Operator, the City, in its sole authority, may waive this requirement for one year of supervisory experience. The Jail Superintendent shall successfully complete the California Board of State and Community Corrections approved 80-hour “Type 1” STC Supervisory Course (“Supervisor Core Course”), prior to working at the Jail Facility. The Superintendent shall complete all training requirements, as outlined in Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1021.

In compliance with the California Board of State and Community Corrections annual training requirements the Jail Superintendent shall complete twenty-four (24) hours of updated instruction during any year he/she is not participating in a Supervisor Core Course.

6. De-escalation Training. De-Escalation Defined: De-escalation is the process of using strategies and techniques intended to decrease the intensity of the situation Operator shall require correctional officers / jailers / custody officers to utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. The intent of de-escalation techniques and strategies applies, when safe and feasible, throughout the course of any interaction with an individual, even after force is administered. Operator shall provide guidance on when and how to use communication, de-escalation, and crisis intervention strategies to defuse and resolve encounters, without the use of force, when safe and feasible to do so.

8. Department’s Jail Bureau Manuals. The City’s Technical Representative or designee shall provide an overview to Operator’s Jail Facility staff of the Department’s policies and procedures contained in the Jail Bureau Manuals affecting the operation of the City’s Jail Facility prior to working at the Jail Facility.

9. Orientation. City, in conjunction with Operator, shall assist Operator in the initial training orientation of Operator’s Employees to operate the Jail Facility prior to working at the Jail Facility.

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C. Stability of Supervision: The Jail Superintendent position is critical to the successful execution of this Agreement and must be filled by a person selected mutually by the Operator and the City’s Technical Representative or designee. It is required that the Jail Superintendent candidates have a minimum of one-year supervision experience in a jail or jail facility, it is required the Jail Superintendent will remain at least one (1) year at the Jail Facility, assuming the Jail Superintendent remains an Employee of Operator, and Operator will not assign the Jail Superintendent to another jail facility operated by Operator. However, the City may seek the removal of a Jail Superintendent in writing in its sole discretion, provided such removal is in accordance with applicable law.

IV. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and City have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for City employees and the community, City is requiring all contractors and Operator to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “Operator employees”) assigned to City projects that come onsite to any City facility to perform services under the Agreement.

B. Operator shall notify City immediately in writing if Operator or Operator employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such Operator employees shall immediately cease performing services under the Agreement.

C. Operator shall monitor Operator employees’ signs and symptoms with written logs.

Operator shall maintain a daily recording of the following:

1. Require Operator employees to take their temperature each time they enter and exit City facilities (both before and after work is performed at City facilities).

2. If Operator employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, Operator shall:
(a) Direct employees not to report to work.
(b) Contact your City Responsible Principal.

3. Operator shall ask employees to identify any close contact they had with others at a City facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.

4. Operator shall disinfect all areas that Operator’s employees come in contact with while performing services under the Agreement before and after usage.

5. Operator employees shall not return to any City facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * Operator acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.

D. Operator shall also maintain daily monitoring and record keeping in connection with City projects where Operator employees come on site for the following information:

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1. Projects are adhering to Social Distancing** and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.

2. Operator employees are not working while sick.

3. Operator shall notify their City Project Manager or City Responsible Principal prior to reporting on site daily.

4. Operator shall contact their City Project Manager or City Responsible Principal to reschedule non-essential services.

E. Operator shall provide employees with handwashing and sanitizing equipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

Operator shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

For the latest City updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
City reserves the right to review Operator’s daily logs to ensure compliance with this Agreement. City has the right to send Operator employees home who do not comply with these requirements. Operator shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact City’s Responsible Principal or Risk Management at 310- 285-1073.

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EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
City shall compensate Operator in an amount not to exceed as follows: Nine Hundred Thirty Three Thousand One Hundred Sixty Dollars and Fifty-Three Cents ($933,160.53) per fiscal year. In no event shall the total not to exceed amount exceed Four Million Six Hundred SixtyFive Thousand, Eight Hundred Two Dollars and Sixty-Five Cents ($4,665,802.65) for the term of the Agreement with extensions
RATES

POSITION
HOURLY
WAGE
HOURLY
BILL
RATE

OVERTIME

RATE WHEN

ADDITIONAL
HOURS

REQUESTED

BY CITY
HOURS
PER
WEEK

ESTIMATED
WEEKLY

COST TO
CITY

ESTIMATED
ANNUAL

COST TO
CITY*
JAIL SUPERINTENDENT $ 31.00 $ 51.66
NOT
APPLICABLE 40
$ 2,066.40 $ 107,742.10
SHIFT LEAD $ 23.00 $ 42.70 $ 64.05 80
$
3,416.00
$
178,110.24

CUSTODY OFFICER (W/ TITLE
15) $ 22.00 $ 40.91 $ 61.37 216
$ 8,836.56 $ 460,738.24

CUSTODY OFFICER (W/O
TITLE 15) $ 20.00 $ 37.34 $ 56.01
AS
NEEDED

TRANSPORTATION OFFICER
- ARMED $ 41.00 $ 81.63 $ 122.45 25
$ 2,040.75 $ 106,404.71

TRANSPORTATION OFFICER
- UNARMED $ 31.00 $ 61.50 $ 92.25 25
$
1,537.50
$
80,165.25
TOTAL 386
$
17,897.21
$
933,160.53
* Annual totals based on 52.14 weeks
 The above hourly rates shall include current costs for:
 Overtime costs incurred by Respondent for six paid holidays  Overtime costs incurred by Respondent due to vacations, sick calls, etc.  Background investigations
 Screening/Recruiting
 80 hours vacation per year for each employee
 Title 15 training costs due to turnover
 Title 15 annual training
 Training in BHPD policies and procedures, including 80 hours of on-site training for new hires
 Training in Respondent policies and procedures
 Uniforms
 Medical, dental, vision, and life insurance benefits
 Area supervision and account management
DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -25-
B0785-0001\2660375v5.doc
 Payroll taxes and insurance
Pricing Notes
Annual Price Increases
Operator may request an annual increase of not more than 5% upon giving City thirty (30) days prior written notice. If the annual increase request is for more than 5% due to the then current labor climate and changes to federal, state, county and local taxes, minimum wage increases, paid time off or other benefits or cost increases under applicable collective bargaining agreements, changes to pay and bill rates may be necessary and will be subject to the prior written approval of City. Such requests must be for increases that are actually incurred or accrued by Operator.

Overtime
Overtime of 1.5 times the hourly billing rate is only billed in the following circumstances and not for scheduling issues or vacation coverage.

Specific Requests
With requests for a specific individual to work more than their 40 hours for a special reason, regardless of the notice provided, only the overtime impact for that individual will be billed.

Example: ‘City requests that Officer Smith stay two extra hours at the end of his shift to help with a special project." Only the additional two hours will be billed at the overtime rate if it will put the Officer over 40 hours.

Additional Requests for Personnel
Requests for coverage in excess of the agreed-upon amount of total security professionals' base hours on site may be billed as overtime until coverage is incorporated into the permanent base hours.

Please note special event estimated pricing above is based on the assumption of a Custody Officer level employee covering the event. If a Lead Officer or Post Commander level employee is required, the relevant hourly overtime bill rate will be charged for the employee requested.

Training Hours for Custody Officers assigned to BHPD
Operator offers a variety of training delivery options to ensure City’ security team has access to the information they need, when and how they need it.

Billing Frequency and Payment Terms
Consultant will invoice City on a monthly basis for all scheduled services for the preceding monthly period based upon the rates listed above and on a form approved by City. All undisputed invoices are due net 30 days.

NOTE:

Operator reserves the right to change, amend or terminate the benefits programs and its options at any time.

Pricing of wages are valid for 180 days.

Invoices
Operator's billing platform is a fully automated and fully integrated software package called WinTeam. When new business is awarded, a Client Onboarding and Retention Form (CORE) is submitted to the Billing Department. After processing the CORE, the Billing Department will assign a job number to BHPD's service location.

The Operations team will review and update any changes to the weekly working schedule (such as sick or vacation days, or extra coverage) and reviews all schedules for accuracy. After final DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -26-
B0785-0001\2660375v5.doc
review, the schedules are locked and transmitted to the Billing and Payroll Departments. Billing then receives the scheduling data and produces invoices accordingly. Invoices can be mailed, emailed, or electronically sent through EDI. BHPD can also access invoices through our secure client website, eHub. Operator® has the capability to exchange electronic invoicing information with third party or proprietary systems. We are registered trading partners with Ariba, OB10, GSX, Transcepta, and Exostar. Operator® also offers payment of invoices through electronic funds transfer as a standard option, regardless of the billing platform.

Operator will continue to provide our monthly invoice in a BHPD-approved format Meal and Rest Breaks
Operator®is committed to providing all employees with a safe and healthy environment in all work areas and at all client sites, in compliance with all federal and California laws.

Meal Breaks
In general, non-exempt employees who work more than 5 hours per day must be provided with an off-duty1 meal period of not less than 30 minutes. The meal period must begin before the end of the 5th hour of work.
 If employees work more than 10 hours, a second off-duty meal period of not less than 30 minutes must be provided. The meal period must begin before the end of the 10th hour of work.
 Employees must be free from employer and client control and relieved of all duty.  Employees may not be required to remain "on call."
 Employees must be free to leave the site.
 Employees may not be required to carry and/or monitor a communication device.

Rest Breaks
Non-exempt employees are authorized and permitted consecutive, uninterrupted, and dutyfree rest breaks of at least 10 minutes (or 15 minutes if specified by a CBA) for every 4 hours worked or major portion of 4 hours worked (more than 2 hours).  Employees must be paid during rest breaks.
 Employees must be free from employer and client control and relieved of all duty.  Employees may not be required to remain "on call."
 Employees must be free to leave the site.
 Employees may not be required to carry and/or monitor a communication device.

Drinking Water, Restroom Facilities, Shade, Sheltered Eating Area, & Suitable Seating Employees must be provided with:
 access to clean, fresh, potable drinking water, at no cost to the employee  access to restroom facilities with plumbing and adequate hand-washing facilities  access to safe spaces for shade
 an area available for securing or heating food or drink, and a suitable sheltered place to consume food and drink
 suitable seats when the nature of the work reasonably permits the use of seats.

Operator® proudly partners with clients who are equally committed to the wellness and safety of our employees and compliance with all federal and California laws. Under California Labor DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E -27-
B0785-0001\2660375v5.doc
Code Section 2810.3, each client shares with Operator® all liability for labor code violations pertaining to our employees. To that end, we wanted to set forth our mutual goals in this pledge. We thank our clients for their commitment and encourage them to contact Operator® with any questions or concerns.
1 On-duty meal periods are only permitted when:
• The nature of the work prevents the employee from being relieved of all duties; • When there is a written (and fully revocable) agreement between Operator® and the employee for an on-duty meal period; and
• When a suitable place to eat on premises is designated.

DocuSign Envelope ID: EB03BC3B-7425-46EF-B16C-877254B3D46E Certificate Of Completion
Envelope Id: EB03BC3B742546EFB16C877254B3D46E Status: Sent Subject: Please DocuSign: CLEAN FINAL - Agreement for Jail Operations Allied.pdf Source Envelope:

Document Pages: 27 Signatures: 5 Envelope Originator:

Certificate Pages: 3 Initials: 0 Maria Lara
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.168
Record Tracking
Status: Original
6/6/2022 1:49:15 PM
Holder: Maria Lara
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Scott Naso
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 108.184.143.202
Sent: 6/6/2022 1:59:08 PM
Resent: 6/7/2022 10:46:53 AM
Resent: 6/8/2022 2:01:20 PM
Resent: 6/10/2022 12:12:02 AM
Resent: 6/16/2022 10:22:02 AM
Resent: 6/16/2022 5:25:32 PM
Viewed: 6/16/2022 5:25:36 PM
Signed: 6/16/2022 5:25:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tim Brandt
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 12.21.38.37
Sent: 6/16/2022 10:27:01 AM
Viewed: 6/16/2022 10:28:09 AM
Signed: 6/16/2022 5:21:49 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mark Stainbrook
[email protected]
Chief
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 216.2.245.17
Signed using mobile
Sent: 6/16/2022 5:25:38 PM
Resent: 6/16/2022 5:25:58 PM
Viewed: 6/16/2022 5:29:19 PM
Signed: 6/16/2022 5:29:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 107.77.230.63
Signed using mobile
Sent: 6/16/2022 5:29:36 PM
Resent: 6/16/2022 5:30:43 PM
Resent: 6/16/2022 5:39:36 PM
Viewed: 6/16/2022 5:58:27 PM
Signed: 6/16/2022 5:58:51 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 174.195.195.209
Signed using mobile
Sent: 6/16/2022 5:29:36 PM
Resent: 6/16/2022 5:30:43 PM
Viewed: 6/16/2022 5:35:19 PM
Signed: 6/16/2022 5:35:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2022 5:58:53 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Dunn
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/6/2022 1:59:08 PM
Payment Events Status Timestamps
Attachment 2
B0785-0001\2583144v4.doc
March 8, 2022

NOTICE INVITING PROPOSALS FOR STAFFING, MAINTENANCE AND TRANSPORTATION

SERVICES FOR

THE CITY OF BEVERLY HILLS JAIL
BID NO. 22-170-02
The City of Beverly Hills invites prospective respondents to submit proposals for the provision of operations, transportation and management services for the City of Beverly Hills Type I Jail Facility.

Proposals must be submitted in accordance with the conditions outlined in this Request for Proposals (RFP) online via PlanetBids.

The RFP is posting online via PlanetBids at https://www.beverlyhills.org/BHPlanetBids. Complete copies of each response must be received by April 14, 2022 at 2:00 p.m. Please send online responses to the City of Beverly Hills through PlanetBids. The City will not accept any other methods of Proposal delivery; telephone, facsimile, paper, and telegraphic offers will not be accepted. Late proposals will not be accepted, even in the case of known email system failure. Accordingly, Proposers are encouraged to submit their Proposals at least 24 hours before the due date. All proposals must be in writing and must contain an original signature by an authorized officer of the submitting company. Electronic proposals (i.e. telephone, fax, e-mail, etc.) are not acceptable.

Upon release of this RFP, all communications should be sent online (via PlanetBids). Unauthorized contact with any employee of any agency or department that is part of the City of Beverly Hills will result in disqualification for the RFP process. Any oral communication will be considered unofficial and non-binding on the City. Following the proposal submittal deadline, Proposers shall not contact the RFP coordinator or any other official or employee, except to respond to a request by the RFP coordinator.

The RFP Coordinator for this RFP will be:

Proposal for City of Beverly Hills Jail Maintenance, Staffing and Transportation Services PD Bid No. 22-170-02
RFP Administrator: Sharmin Allidina, Purchasing Analyst City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Email: [email protected]

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 2
B0785-0001\2583144v4.doc

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY

HILLS JAIL

REQUEST FOR PROPOSALS
Date of Request: Tuesday, March 8, 2022, 11:00 a.m. (Pacific) Bid Number: 22-170-02
Item Description: The City of Beverly Hills / Beverly Hills Police Department (BHPD) is accepting proposals from qualified bidders to provide staffing, maintenance and transportation services for the City of Beverly Hills Type I Jail Facility as documented herein.

Questions Period: The Questions Period will open for this RFP on Monday, March 14, 2022 at 9:00 a.m. through Wednesday, March 16, 2022 by 5:00 p.m. (Pacific).

All inquiries must be received via PlanetBids during this period.

Inquiries must be posted at https://www.beverlyhills.org/BHPlanetBids.

The ability to submit a question will be restricted until the start of the Questions Period described above.

City’s responses to requests and submissions of questions will take the form of a Bid Addenda, which will be posted on PlanetBids at https://www.beverlyhills.org/BHPlanetBids within 3 business days (excluding holidays) of the end of the question period, Tuesday, March 22, 2022 by 5:00 p.m. (Pacific).

Due Date: Thursday, April 14, 2022, at 2:00 p.m. (Pacific).

Evaluation Period: April 15, 2022 – May 5, 2022 (tentative) Upon review and evaluation of the proposals submitted, the City may develop a short list of candidates and invite selected respondents to participate in an interview and presentation process. The Police Department’s Jail Bureau may also conduct an inspection of selected respondents’ business facilities.

Council Approval: To Be Announced

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 3
B0785-0001\2583144v4.doc

TABLE OF CONTENTS
Section 1: Minimum Requirements for Submitting a Proposal 4 Section 2: General Conditions 4
Section 3: Insurance and Indemnification Requirements 6 Section 4: Background Information 8
Section 5: Requirements 8
Section 6: Format of Response/Proposal 11
Section 7: Selection Process 12
Attachment A – Bid Form 13
Attachment B – Sample Agreement 16

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 4
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SECTION 1: Minimum Requirements for Submitting a Proposal 1-1. Respondents must have been in the business of providing operations, transportation and management services for municipal jails for a period of at least five years. 1-2. Respondents must provide complete proposals, including detailed descriptions of how they would provide the requested services, and detailed financial information that describes all aspects of the services they propose to provide.
1-3. Respondents’ proposals must be valid for not less than one-hundred eighty days (180) days after the Open Date.

SECTION 2: General Conditions
2-1. Proposals may be withdrawn at any time prior to the Open Date by accessing the submittal in the PlanetBids portal and selecting the “Cancel Bid” option. 2-2. Respondents are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Respondent represents and warrants it has thoroughly examined and become familiar with work required under this RFP, Respondent has conducted such additional investigation as it deems necessary and convenient, Respondent is capable of providing the services requested by City in a manner that meets City’s objectives and specifications as outlined in this RFP, and that Respondent has reviewed and inspected all materials submitted in response to this RFP. Once the award(s) have been made, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Respondent(s) to request additional compensation. 2-3. The Respondent(s) selected for the contract will be responsible for complying with all conditions of this RFP and any subsequent formal agreements. All responses provided should be as detailed as possible to provide the proposal evaluators with enough information to make an assessment of the Respondent(s)’ services in accordance with the requirements herein.

Please do not include videos.
2-4. The form of proposal shall be made in the format requested and each Respondent shall submit, in full, the completed original BID FORM (Attachment A), along with the attachments and all other requested documentation.
2-5. Respondents to the RFP must submit their proposal online via PlanetBids. The proposal title must include the Bid no. 22-170-02 and Your Company’s name RFP Beverly Hills Jail Staffing, Maintenance and Transportation Services.
2-6. Proposals must be submitted by April 14, 2022 2:00 p.m. (Pacific) on Thursday at which time they will be downloaded and read.
2-7. All requests for clarification or inquiries concerning this RFP must be received via PlanetBids during this period. Inquiries must be posted at https://www.beverlyhills.org/BHPlanetBids.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 5
B0785-0001\2583144v4.doc
City’s response to requests and submissions of questions will take the form of an Addenda, which will be posted on PlanetBids at https://www.beverlyhills.org/BHPlanetBids within 3 business days of the end of the questions period, Tuesday, March 22, 2022 by 5:00 p.m. (Pacific).
2-8. Respondents’ failure to duly and adequately respond to this RFP will render the proposal nonresponsive and is grounds for rejection by the City. 2-9. The City will not accept late Proposals. Proposers are fully responsible for ensuring their Proposals are received by the time and date indicated. All proposals must be in writing and must contain an original signature by an authorized officer of the submitting company.

Electronic proposals (i.e., telephone, fax, e-mail, etc.) are not acceptable. 2-10. Respondents’ proposal must be valid for not less than one-hundred eighty (180) days after the Open Date.
2-11. The City of Beverly Hills shall not be liable for any pre-contractual expenses incurred by any respondent or the selected Respondent. Respondents shall not include any such expenses as part of the price proposal in response to this RFP.
2-12. This Request for Proposals, Bid Form, its attachments, the Responsive Proposal, and Addenda, if any, will be incorporated as part of the Contract. 2-13. If the Respondent is a sole proprietorship, the contract shall be executed by the business owner personally. If the Respondent is a partnership, the contract shall be executed by one of the partners that has authority to bind the partnership. If the Respondent is a corporation, the contract must be executed by two authorized signatories. The first must be one of the following: chairman of the board, president or any vice president; the second signature must be a secretary, any assistant secretary, the chief financial officer or any assistant treasurer. If the Respondent is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the entity. 2-14. Every supplier of materials and services and all Respondents doing business with the City shall be an “Equal Opportunity Employer” as defined by Section 2000 (E) of Chapter 21, Title 42 of the United States Code and Federal Executive Order #11375, and as such shall not discriminate against any person by race, creed, color, religion, age, sex, or physical or mental disabilities with respect to hiring, application for employment, tenure, terms or conditions of employment.
2-15. The Respondent(s) selected for the contract(s) shall cooperate in all matters relating to taxation and the collection of taxes. It is the policy of the City to self-accrue the use tax, when applicable, and report the use tax to the State Board of Equalization with a City assigned permit number. The City’s own use tax which is self-accrued by the City will be remitted to the State of California pursuant to the City’s permit with the State Board of Equalization.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 6
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SECTION 3: Insurance and Indemnification Requirements
3-1. The Respondent selected (“Operator”) shall at all times during the term of the Operator agreement with City (“Agreement”) carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability issued on an “occurrence” basis and not on a “claims made” basis and shall protect against any personal injury, death, loss or damage resulting from direct or indirectly, from Operator’s performance and that of Operator’s employees, of this Agreement. Property damage insurance shall also protect Operator against loss from liability imposed by law for damage to any property caused directly or indirectly by the performance or execution of this Agreement. The policy or policies for the insurance identified above must be of a comprehensive form and on an “occurrence basis”, with a minimum combined single limit of Ten Million Dollars ($10,000,000). 3-2. Operator shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of Two Million Dollars ($2,000,000) per occurrence combined single limit, covering any vehicle utilized by Contractor or that of its Employees in performing the services required by the Agreement. 3-3. Operator shall at all times during the term of the Agreement, and performance of work, carry, maintain, and keep in full force and effect, a policy or policies of Employer’s Liability Insurance with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease as required by law.
3-4. The policy or policies required by the Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least an A+, VII in the latest edition of Best's Insurance Guide.
3-5. Operator agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate the Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Respondent's expense, the premium thereon.
3-6. At all times during the term of the Agreement, Operator shall maintain on file with the City Clerk a certificate or certificates of insurance in a form acceptable to City’s Risk Manager, showing that the aforesaid policies are in effect in the required amounts. Operator shall, prior to commencement of work under the Agreement, file with the City Clerk such certificate or certificates.
3-7. The policies of insurance required by the agreement shall contain an endorsement naming the City and City’s elected officials, officers, employees, as additional insured on its liability policies pursuant to this agreement. All of the policies required under the Agreement shall contain an endorsement providing that the policies cannot be, canceled or reduced except on thirty (30) days’ prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement. 3-8. The insurance provided by Operator shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents or

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 7
B0785-0001\2583144v4.doc
volunteers shall be excess of Operator’s insurance. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. The Operator hereby waives all rights of subrogation against City.
3-9. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Operator shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Respondent shall procure a bond guaranteeing payment of losses and expenses.
3-10. The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Operator and its insurance carriers.
3-11. Operator agrees to indemnify, hold harmless and defend City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Operator or any person employed by Operator in the performance of this Agreement. All duties of Operator shall survive termination or expiration of the Agreement.
3-12. Operator’s obligations under this or any other provision of the agreement will not be limited by the provisions of any workers compensation act or similar act. Respondent expressly waives its statutory immunity under such statutes or laws as to the City, its elected officials, officers, agents, employees and volunteers.
3-13. City does not and shall not waive any rights against Operator which it may have by reason of the hold harmless provisions of this Agreement because of the acceptance by City, or the deposit with City by Operator, of any insurance policy or certificate required pursuant to the Agreement. This hold harmless and indemnification provision shall apply to all damages or claims for damages of every kind suffered, alleged to have been suffered, by reason of any of Respondent’s activities regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Operator agrees that Operator’s covenant under this section shall survive the termination of the Agreement. (Note: Proof of insurance need not be submitted with the proposal, but must be provided before the City can award the contract.)
SECTION 4: Background Information

4-1. The City of Beverly Hills is a 5.7 square-mile municipality surrounded by the cities of Los Angeles and West Hollywood. Approximately 35,000 people live in Beverly Hills and over 76,000 people work in the City. On any given day there is a daytime population of between 200,000 and 250,000 people physically in the City, including residents, businesses, and visitors.
4-2. The City of Beverly Hills successfully dedicates its resources to provide residents, businesses and visitors the highest quality safety services, recreational facilities, and physical environment with impressive results.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 8
B0785-0001\2583144v4.doc
4-3. BHPD maintains an emergency response time of less than three minutes. The City of Beverly Hills Fire Department (BHFD) has a response time average of less than four minutes for fire suppression and three and a half minutes for emergency medical responses. High standards for training and state-of-the-art equipment have resulted in an incidence of crime that is lower than that in any surrounding agency.
4-4. The City operates a 28-bed, Type I Jail Facility (“Facility”), as described in the California Code of Regulations, Title 15. The Facility holds inmates prior to court arraignment and/or pending release on Bail, Own Recognizance, Written Promise to Appear, etc. Approximately 1,500 inmates are booked per year in the Facility for various felony, misdemeanor, and infraction charges.
4-5. The City currently contracts with a vendor who provides staffing, maintenance and jail inmate transportation services for the Facility. This vendor is responsible for receiving, processing, housing, monitoring, transporting and/or releasing prisoners arrested by officers of the BHPD and/or any other law enforcement agency, and performing other related duties as outlined in the BHPD's policy manuals. The vendor’s employees are actively monitored by the City’s Jail Supervisor. The vendor also ensures all employees assigned to the Facility are in compliance with applicable training required by law. (Title 15 & 24 California Code of Regulations) 4-6. The vendor is required to provide two employees at all times to operate the Facility 24 hours a day, seven (7) days a week, including holidays. Employees work eight (8) hours shifts. On each shift there is both a line level Custody Officer and a Shift Lead or the Jail Superintendent.

The Jail Superintendent is an employee of the vendor and serves as the vendor’s on-site supervisor. This person is responsible for managing the vendor’s operation of the Jail Facility and supervising the vendor’s employees. When a female inmate is housed within the Facility, a female jailer shall be available at all times.
4-7. Additionally, the vendor is required to provide two custom protection officers to provide transportation services for inmates in the Facility to the nearest Sheriff’s station or Contract Facility for incarceration, to the local courthouse for arraignment and/or to other local court ordered appearances. Vendor agrees to conduct such transportation service on a five (5) hours per day, five (5) days per week basis that does not include court holidays.

SECTION 5: Requirements
5-1. Operator shall provide staffing, maintenance and inmate transportation services for BHPD’s Jail Facility, which includes the receiving, processing, housing, monitoring, transporting and/or releasing prisoners arrested by officers of the BHPD and/or any other law enforcement agency, and performing other related duties as outlined in the BHPD's policy manuals. Services shall include all required supervision, labor, uniforms, associated equipment and material needed to effectively and efficiently perform all duties required of a Type I Jail Facility including, but not limited to, any mandatory staff training. The CITY shall self-insure and maintain CITY owned vehicles used by Operator. Operator shall obtain and maintain liability insurance for all Operator’s drivers while using CITY’s vehicles.
5-2. Compliance: Operator shall at all times during the term of the Agreement comply with all applicable federal, state, and local laws including, without limitation, Titles 15 and 24 of the California Code of Regulations, all applicable Minimum Standards specified by all applicable

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 9
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Federal and State requirements, laws and statutes, applicable court orders and the California Corrections Standards Authority, whether now in effect, hereafter affected or implemented as applicable to Type I Jail Facilities in the future. This includes, but is not limited to, obtaining a business permit and a business license.
5-3. Equipment Requirements: Operator shall, at its own costs and expense, provide all equipment that may be required for performance of the services required by this bid. 5-4. Employee Qualifications: Operator shall ensure that all employees assigned to the BHPD Jail Facility either be a graduate of an accredited college or university with an Associates or Bachelor’s degree and concentration in criminal justice, administration of justice, police science, or security administration or meet at least one of the following qualifications:
 Previous United States military experience
 Previous local/state/federal corrections or law enforcement experience  Police academy graduate
Additionally, all employees assigned to the BHPD Jail Facility shall:

1. Be at least 21 years of age

2. Have a High School Diploma/GED

3. Have a valid California Class C driver’s license

4. Must meet all minimum screening and background checks required for Custody Officers

5. Must complete required training and orientation mandated for Custody Officers

6. Be First Aid and CPR trained and certified

7. Have good written and oral communication skills

8. Be able to prepare written and/or computer-based daily logs and reports of incidents that have taken place

9. Be responsible for prisoner tracking and booking information

10. Be physically able to perform all aspects of the assignment

11. Provide favorable references from previous employers

12. Have an acceptable prior military check of DD form 214 (if applicable)

13. Have a current social security card

14. Have a current employment authorization card (if applicable)

15. Be willing to take a random drug test at any time and pass

16. Meet or exceed any STC training requirement
5-5. Employee Background Checks: Operator shall institute a procedure for performing background checks. The following are the minimum requirements that must be met and written documentation provided to the City. All information, documentation, testing, certification, etc. is to be conducted and provided at no cost to the City. By responding to this Request for Proposal, Operator agrees to absorb any/all costs associated with these requirements. a. Employment/Qualifications Verification: Conduct a five (5) year employer background check to verify the applicant was not terminated for other than honorable circumstances and verify any periods of unemployment.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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b. Education: Conduct a review of the schools attended by the applicant to verify completed educational level. Validate all references made to completing an “Equivalency Test” for High School level.
c. Drugs: Conduct a drug screening test to verify non-usage of drugs. d. Reference Check: Conduct a minimum of three personal reference checks. e. DMV Check: Operator shall provide California Department of Motor Vehicles (DMV) reports on all prospective employees to City for review. City shall establish minimum driving requirements for any Operator employee who will be driving any City vehicle, which must be adhered to by the Operator and its Employees. f. Credit Check: Conduct a standard credit check to determine financial responsibility and interview all raters who have given a negative review to determine the cause of said negative review.
g. Psychological Review: Conduct a Minnesota Multiphasic Personality & Intelligence Test (MMPI) to determine moral integrity and mental stability of applicant. The psychological evaluation shall be conducted by a clinical psychologist acceptable to the City.
h. Fingerprints: The applicant’s fingerprints must be processed through live scan for California Department of Justice and NCIC/FBI clearance. Fingerprinting and processing of applicant to obtain clearances shall be performed by public applicant live scan site, with the required Department of Justice fees paid by Operator.

Fingerprinting must be completed, and clearances received prior to applicant working in the City Jail Facility. The City of Beverly Hills has the right to review all backgrounds prior to starting employment.
5-6. Employee Staffing Requirements: Operator shall ensure that two employees (ideally one female jailer and one male jailer) are on-duty at all times to operate the Facility 24 hours a day, seven (7) days a week, including holidays. A Shift Lead or the Jail Superintendent shall be assigned to each shift. A female jailer shall be immediately available at all times whenever a female inmate is housed within the Facility.

To be eligible to serve as a Shift Lead, employees must have at least two (2) years of corrections and/or law enforcement experience.

The Jail Superintendent shall complete all training requirements, as outlined in Title 15, Article

3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1021. Additionally, the Jail Superintendent shall receive 24-hours of STC training on an annual basis.

Transportation Requirements: Operator shall also provide transportation services for inmates in the Jail to the nearest Sheriff’s station or contract facility for incarceration, to the local courthouse for arraignment and/or to other local court ordered appearances. 5-7. Uniform Requirements: Operator shall provide BHPD-approved uniforms to its employees.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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5-8. Hours of Operation: Respondent shall provide continuous operations of the City’s Jail Facility, twenty-four (24) hours per day, seven (7) days per week, including holidays. 5-9. Inspections: Operator shall be subject to inspections by authorized BHPD personnel to determine if all relevant operators, records and equipment are in compliance with all applicable federal, state, and local laws and terms of its agreement with the City. 5-10. Invoices: Operator shall submit statements of service charges to be paid by the City to the Jail Manager on a monthly basis, in a format approved by the BHPD. Each invoice shall detail, with specificity, the number of hours worked by each employee and the services for which the City is being charged in the prior month.
5-11. Documents: Copies of the following documents shall be submitted to the Jail Manager within fifteen (15) days after the Agreement is executed:
 Business License
 Certificate of Insurance
5-12. E-Verify: If Operator is not already enrolled in the U.S. Department of Homeland Security’s EVerify program, Operator shall enroll in the E-Verify program within fifteen (15) days of entering into any agreement with the City to verify the employment authorization of new employees assigned to perform work. Information pertaining to the E-Verify program can be found at https://www.e-verify.gov/. Respondent shall certify its registration with E-Verify and provide its registration number to the City.
5-13. Jailer Training: In compliance with California Penal Code Section 831, Operator shall guarantee that 50% of the staffing assigned to work at the Jail Facility shall have successfully completed a 176 hour “Type 1” Corrections Officer Core Course training class (“Core Course”) provided by a vendor approved by the California Board of State and Community Corrections (“Title 15 Training) before staffing are assigned to carry out the requirements of proposed Agreement. All operators who have not successfully completed the Core Course shall successfully complete the Core Course within their first twelve months of working at the Jail Facility. This shall also include the annual 24 hour training requirement necessary to be in compliance with the California Board of State and Community Corrections. 5-14. De-escalation Training: Operator shall provide officers trained in de-escalation techniques.

De-escalation training is defined as the process of using strategies and techniques intended to decrease the intensity of the situation. Operator shall provide training and guidance to its employees on when and how to use communication, de-escalation and crisis intervention strategies to defuse and resolve encounters.

SECTION 6: Format of Response/Proposal
6-1. Respondents interested in responding should submit a packet that is labeled, includes a table of contents, and has each page numbered individually that includes the following sections or subsections in the response including the following:

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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A. Bid Form. Complete and execute the attached Bid Form set forth in Attachment A.

Assuming a 5-year service term, please include a separate narrative explaining your annual price increases associated with this contract, if applicable.

B. Company Description. A description of the company, including the organization’s experience and history of providing services as required in this RFP.

C. Experience. Provide a detailed description of related experience in performing the services requested.

D. Scope of Work. Based on the requirements in Section 5, describe how your company proposes to supply the services requested in this RFP.

E. Training and Transition. Provide a detailed description of how your company proposes to train its employees to operate the BHPD Jail Facility. Include information about how your company will transition BHPD from its current vendor that provides the services referred to under this RFP to your company, including any “down-time” that may be necessary to effectuate this transition. Also provide a detailed financial summary of the costs associated with this training and transition.

F. References. Provide a list of references for three jail facilities Respondent has performed jail operations and management services for in the last two years.  Name of Agency/Organization
 Contact Person
 Address
 Telephone
 Fax
 Email
 Description of Services Provided
G. Contractor and Subcontractor Listing. If applicable, submit the names, addresses, phone numbers, and applicable licenses of all firms that will provide services in conjunction with the performance of this Agreement.

H. Additional Information. Respondents may provide additional information that is relevant to the proposal for consideration. Please do not include videos.

I. Sample Agreement. Carefully review the terms of the sample agreement in Attachment C and note in your proposal any terms or conditions to which you would like to propose modifications. Detail the proposed modification(s). However, please be aware that deviations from City’s standard terms and conditions may result in bid rejection.

J. Non-Collusion Affidavit for Respondent. Complete and execute the attached NonCollusion Affidavit for Respondent Form set forth in Attachment B.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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SECTION 7: Selection Process
The City reserves the right to accept or reject any and all bids and reserves the right to waive informalities and irregularities in the proposal process. The City also reserves the right to withdraw this Request for Proposal or decline to award a contract at is sole discretion. The City may reject proposals from Respondents who cannot satisfactorily prove the experience and qualifications required by this RFP and/or provide the scope of services required herein. 7-1. The City reserves the right to require any or all Respondent(s) to either make a presentation that illustrates their abilities to provide services and/or attend an interview session to gauge their suitability to provide services for this project. If so requested, the Respondent(s) shall make their personnel available within ten (10) calendar days of request. No cost allowance shall be permitted for this requirement.
7-2. The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, including negotiating with one or more Respondents for the same services.

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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ATTACHMENT A — BID FORM – Page 1 of 2
(Must be Completed by Respondent)

PROPOSED RATES

POSITION HOURLY
WAGE
HOURLY
BILL
RATE

OVERTIME

RATE WHEN

ADDITIONAL
HOURS

REQUESTED

BY CITY
HOURS
PER
WEEK

WEEKLY COST

TO CITY

ANNUAL COST

TO CITY
JAIL SUPERINTENDENT $ $ NOT
APPLICABLE 40 $ $
SHIFT LEAD $ $ 40 $ $
CUSTODY OFFICER $ $ 40 $ $
TRANSPORTATION OFFICER $ $ 25
TOTAL $ $
The above hourly rates shall include:
 Overtime costs incurred by Respondent for six paid holidays  Overtime costs incurred by Respondent due to vacations, sick calls, etc.  Background investigations
 Screening/Recruiting
 80 hours vacation per year for each employee
 Title 15 training costs due to turnover
 Title 15 annual training
 Training in BHPD policies and procedures, including 80 hours of on-site training for new hires  Training in Respondent policies and procedures
 Uniforms
 Medical, dental, vision, and life insurance benefits
 Area supervision and account management
 Payroll taxes and insurance

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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BID FORM – Page 2 of 2
General Terms:

1. The Respondent understands and agrees that it will be bound by its proposal as expressed on this Bid Form and its attachments and the proposal submitted if Respondent is selected and subsequently approved by the City.

2. The Request for Proposal, Bid Form and its attachments, the Response to the Request for Proposal and Addenda, if any, are made a part of the proposal submitted by Respondent.

3. The Respondent acknowledges that it has received the following Addenda:

Addenda # ______________
______________

4. The Respondent understands and agrees that the City reserves the right to reject any or all proposals or waive any informality or irregularity in the proposal process as set forth in the RFP.

5. Respondents’ quoted rates shall remain in effect for not less than one hundred eighty (180) days after the Open Date.

6. Terms and conditions for the lease of City properties are subject to negotiation.

Exceptions:

Any Respondent’s exceptions to these terms or conditions or deviations from the written specifications shall be shown in writing and attached to bid form. However, such exceptions or deviations may result in bid rejection.

PAYMENT TERMS: __________________________
EXCEPTIONS OR ______________________________________________________________ DEVIATIONS:
______________________________________________________________ ______________________________________________________________ COMPANY NAME: ______________________________________________________________ ADDRESS: ______________________________________________________________ TELEPHONE: ________________________ E-MAIL: ___________________________ SUBMITTED BY: ________________________ ___________________________ Name Title
________________________
Signature

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
PAGE 16
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ATTACHMENT B – NON-COLLUSION AFFIDAVIT FOR RESPONDENT – Page 1 of 1 (Must be Completed by Respondent)

NON-COLLUSION AFFIDAVIT FOR RESPONDENT
I, _______________________________________ declare and state the following:

1. That I am the (owner, partner, representative, or agent) of _______________ hereinafter referred to as the Respondent.

2. That I am fully informed regarding the preparation and contents of this proposal for certain work for the City of Beverly Hills, State of California.

3. That the proposal submitted is genuine and is not collusive or a sham proposal.

4. The officers, owners, agents, representative, employees or parties in interest, including this affiliate, have not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposers, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or have in any manner, directly or indirectly, sought by unlawful contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance or unlawful contract any advantage against the City of Beverly Hills or any person interested in the proposed contract.

5. That the price or prices quoted in the proposal are fair, proper and are not tainted by any collusion, conspiracy, connivance, or unlawful contract on the part of the proposer or any of its agents, owners, representatives, employees or parties in interest, including this affiliate.

I certify or declare under penalty of perjury, that the foregoing is true and correct.

Dated this _________ day of _________ 2022, at ________________, California.

Signed: __________________________________________________________ Title: ____________________________________________________________

CITY OF BEVERLY HILLS

STAFFING, MAINTENANCE AND TRANSPORTATION SERVICES FOR THE CITY OF BEVERLY HILLS JAIL
PD BID NO. 22-170-02
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ATTACHMENT C – Sample Agreement
Refer to the following pages

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
___________________ FOR THE STAFFING AND

MAINTENANCE OF THE BEVERLY HILLS CITY JAIL
NAME OF OPERATOR: Insert name of operator
RESPONSIBLE PRINCIPAL OF OPERATOR: Insert name, title
OPERATOR’S ADDRESS: Insert street address
Insert city, state, zip code
Attention: Insert name, title
OPERATOR’S E.I.N/TAX I.D. NO.: Insert operator’s Tax I.D. No.

CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Dept. Head's Name, Title
COMMENCEMENT DATE: Insert date of commencement
TERMINATION DATE: Insert date of termination
CONSIDERATION: Not to exceed $ Insert consideration amount

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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
____________ FOR THE STAFFING AND MAINTENANCE OF

THE BEVERLY HILLS CITY JAIL
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “City”), and __________________ (hereinafter called “Operator”).

RECITALS
A. WHEREAS, City owns a jail facility used to book, fingerprint, house and care for prisoners on a temporary basis, generally not more than 96 hours, excluding holidays; and
B. WHEREAS, City and Operator acknowlege that Assembly Bill 32 (“AB 32”) prohibits the operation of a pirivate detention facility within the state of California. City and Operator agree that Operator does not operate or manage the City jail facility as defined under AB 32, Penal Code sections 9500(b) and 9501.

C. WHEREAS, City and Operatodesire to enter into an agreement whereby Operator will provide the operation, management and supervision of City’s existing Jail in accordance with the laws, rules, regulations and procedures of the State of California, including without limitation California Code of Regulations Titles 15 and 24, and as set forth in this Agreement; and
D. WHEREAS, City and Operator are authorized to enter into this Agreement under applicable law;
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

Section 1. Definitions.

B. “Department” shall mean the City of Beverly Hills Police Department.

C. “Employee(s)” shall mean any person(s) employed by and/or under contract by the Operator, expressed or implied, oral or written, to provide the services under this Agreement.

Employee(s) shall include the Jail Superintendent and persons employed as “Jailers.” D. “Jail” or “Jail Facility” shall mean the detention facility operated by the Department and identified by the California Board of State and Community Corrections as a “Type 1”, used for the confinement of persons for the defined time under the definition of a “Type I” facility or less pending their release, transfer or appearance in court. 3 B0785-0001\2516818v8.doc
E. “Jail Bureau Manuals” shall mean the official policy and procedure manual of the Department for the operation of the Jail, including protocol for Jailer conduct, and is comprised of the Jail Operations Manual, Jail Bureau Medical Procedures Manual, Jail Bureau Emergency Procedures Manual, Beverly Hills Police Department Manual and applicable Beverly Hills Administrative Regulations as determined by the City’s Technical Representative, which shall hereafter be referenced collectively as the “Jail Bureau Manuals”, including any and all amendments issued to such manuals or administrative regulations during the term of this Agreement. The maintenance and revision of the Jail Bureau Manuals shall be the responsibility of the City, and shall be in compliance with City requirements, all legal mandates, and all Minimum Standards. The Jail Bureau Manuals will be reviewed and approved by the City’s Technical Representative periodically as required. The Jail Superintendent will be advised in writing of any revisions to the Jail Bureau Manuals made by the City’s Technical Representative prior to implementation. If any new manuals or administrative regulations are adopted during the term of this Agreement that are applicable to the services provided under this Agreement, the City’s Technical Representative will advise Operator and provide Operator an opportunity for review and comment. The manuals or administrative regulations once adopted will be made part of the Jail Bureau Manuals, and will automatically be incorporated herein by this reference.

H. “Operator” shall mean __________________ as used in this Agreement, Operator shall also include Employees of ______________________, when such use is appropriate in the context of the text.

I. “Service Commencement Date” shall mean the date upon which the Operator commences the provision of operational and management services for the Jail.

Section 2. Purpose.

The purpose of this Agreement is to establish the terms and conditions under which Operator will staff and maintain the Jail Facility.

Section 3. Grant of Operating Rights.

City hereby grants to Operator the sole and exclusive right to staff the Jail for the Term, as defined herein, and Operator agrees to provide all labor to staff and operate the Jail Facility and all supplies and equipment, except those that are otherwise provided by the City, as necessary pursuant to the terms and conditions herein specified. Operator accepts the Jail Facility in an as-is condition.
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Section 4. Scope of Services
In accordance with the terms of this Agreement and applicable California and Federal law, Operator shall staff, manage, and maintain the Jail Facility for City as described in Scope of Services, which is attached hereto and incorporated herein as Exhibit A. This includes but is not limited to receiving, processing, housing, monitoring, transporting and/or releasing prisoners arrested by officers of the Department and/or any other law enforcement agency, and performing other related duties as outlined in the Department’s “Jail Bureau Manuals.” Section 5. Term of Agreement.

This Agreement shall be for a period of one year commencing upon the Service Commencement Date and terminating one year thereafter (“Term”). The City Manager or his designee, in its sole authority, may grant up to four one-year extensions to the Term. The extension shall be upon the same terms and conditions as set forth in the Agreement, subject to any modifications upon mutual written consent of the parties.

Section 6. City Use of Jail Facility.

Section 7. Utilities and Management.

A. Utilities. City shall be responsible for providing all utilities in the Jail Facility.

B. Telephone Services. City shall be responsible for the provision of and payment for all pay telephone services at the Jail. City shall be responsible for the provision of and payment for in house telephone services. Operator and its Employees may make calls, which are personal or corporate-in nature as long as such calls are kept to a minimum and are limited in scope and time. Otherwise, calls made by Operator and its Employees shall be billed to personal or corporate credit cards and shall be the responsibility of Operator and/or its Employees.

C. Personal cell phones and other electronic devices. Operator and all Employees shall silence and secure cell phones, “iPhone”, “Blackberry” devices or other similar personal digital assistant (“PDA”) devices, any audio or video recording devices, personal computers, 5 B0785-0001\2516818v8.doc
gaming devices and/or any other similar electronic devices while in the Jail Facility, whether the employee is on duty or off duty. Failure to adhere to this requirement will result in immediate removal from the Jail Facility, and possible disciplinary action by the Operator.

D. Maintenance. City shall maintain the physical structure of the Jail Facility including furniture and equipment contained therein, in accordance with the applicable Minimum Standards, including ordinary routine maintenance, and will in so doing, maintain, preserve and keep the Jail Facility in good repair, working order and condition and will, from time to time make or cause to be made, all necessary and proper repairs, replacements and renewals, which shall thereupon become part of the Jail Facility. City shall have responsibility for all repairs, replacements and renewals related to the building system such as electrical supply, hot water heaters, sewers, etc., and structural conditions or defects of the Jail Facility building, subject to the provisions of paragraph F (Damage to Jail). The City shall also provide janitorial services for the Jail Facility.

F. Damage to Jail. Any and all damage to the Jail Facility shall immediately be reported to the City’s Responsible Principal or designee, or in his/her absence, the Watch Commander. Promptly after the occurrence of any loss or damage to the Jail Facility that materially affects the continued operation of the Jail Facility, the parties shall notify each other of such loss or damage and shall jointly assess the nature and extent of such damage or loss. As soon as practicable and desirable thereafter, the parties shall determine to rebuild, repair or restore such damage or loss or to terminate this Agreement as provided for in section __. In the event City shall desire to repair, rebuild or restore the Jail Facility, Operator and City shall mutually determine the allocation for payment of the costs of undertaking such repair, rebuilding or restoration. If City determines not to rebuild, repair or restore the Jail Facility, then this Agreement shall terminate with respect to the Jail Facility thirty (30) days after such determination is made in accordance with this section. Neither party is under any obligation to rebuild, repair or restore the Jail. Operator shall complete all damage reports required by the Minimum Standards, including those required by City. In the event it is determined that the damage to the Jail Facility was caused by Employees of the Operator through either negligence or failure to adhere to proper policy and procedure as outlined in the Jail Bureau Manuals, the cost of repair to the Jail facility will be borne solely by the Operator.

Section 8. Operator’s Employees.

A. Employee Background Investigation: A background investigation shall be made by Operator of the Jail Superintendent, and all prospective employees prior to any prospective employee being hired by Operator for assignment to the Jail, at Operator’s sole expense. Results of such investigation shall be made available to the City and the City shall have the right to 6 B0785-0001\2516818v8.doc
interview and reject or approve all prospective Operator employees before being assigned to the Jail, provided that any rejection is made in writing and in accordance with applicable law.

Operator shall maintain on file for each employee two completed fingerprint cards, a photograph taken within the last six months, a criminal history, and immigration information (where applicable). Operator shall provide City with unlimited access to the personnel files of Employees assigned to the Jail Facility.

B. The Employee background investigation shall consist of the following:

2. Education: Conduct an education review of the applicant to determine completed educational level. Validate all references made to completing “Equivalency Test” for High School level.

3. Drugs: Conduct a random drug-screening test to verify non-usage of drugs upon initial hiring or thereafter “for cause”. Applicants who are narcotics offenders or use dangerous drugs or use alcohol to an excessive degree as defined by City will be disqualified.

4. Reference Check: Conduct a minimum of three personal reference checks.

5. DMV Check: Operator shall provide California Department of Motor Vehicles (DMV) reports on all prospective Operator employees to City for review. City shall establish minimum driving requirements for any Operator Employee who will be driving any City vehicle, which must be adhered to by the Operator and its Employees.

7. Credit Check: Conduct a standard credit check to determine financial responsibility. Interview all credit agencies that have given a negative review to determine the cause of said negative review.

Operator shall provide City with access to the training records of all Operator Employees assigned to or working in the Jail.
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D. Court Appearances: Operator shall pay all costs associated with court appearances made by Employees arising out of services provided under this Agreement.

Section 9. Orientation and Training.

A. Operator shall ensure that all Employees assigned to the Jail Facility are in compliance with the applicable training required by law.

B. Operator shall provide and ensure that the following training levels are achieved and maintained by Operator’s Employees, at Operator’s expense.

6. De-escalation Training. De-escalation is defined as the process of using strategies and techniques intended to decrease the intensity of the situation.

Operator shall require its correctional officers / jailers / custody officers to utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.

The intent of de-escalation techniques and strategies applies when safe and feasible throughout the course of any interaction with an individual, even after force is administered. Operator shall provide training and guidance to its employees on when and how to use communication, deescalation, and crisis intervention strategies to defuse and resolve encounters, without the use of force, when safe and feasible to do so.

A. Cooperation. City shall work with and supervise the Operator in matters of law enforcement, security and communication with respect to City’s Jail Facility.

Section 11. Compensation.

B. Facility Revenue is revenue due to or received by City or Operator from any source whatsoever that results from Jail operations, including, without limitation, payments received for inmate housing, detention, transportation, telephone and food services. Facility Revenue shall be the sole property of City, regardless of whether it is paid to City or Operator. The City shall promulgate written regulations for the collection and audit of Facility Revenue if received by Operator. Such regulations shall be provided to and adhered to by Operator as if incorporated fully herein.

Section 12. Independent Contractor.

C. Operator shall be solely responsible for (and City shall have no obligation with respect to) payment of all Federal Income, FICA, and other taxes owed or claimed to be owed by Operator, arising out of Operator’s association with City pursuant to this Agreement, and Operator shall indemnify and hold City harmless from and against, and shall defend City against, any and all losses, damages, claims, costs, penalties, liabilities and expenses including attorney fees with respect to any such taxes.
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D. City reserves the right to require in writing Operator to remove any Employee of Operator from the performance of services under this Agreement, provided such removal is in accordance with applicable law. City also reserves the right to remove any Employee from any City property at any time either with or without cause.

C. Further Rights. The rights and remedies of the parties provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

F. Termination without Cause. In addition to the other termination and default provisions of this Agreement, each party reserves the right to terminate this Agreement without cause by providing the other party with ninety (90) days written notice of termination. In the event of termination without cause, the Operator shall be paid for all services rendered to and including the date of termination.
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Section 14. Indemnification.

A. Operator agrees to indemnify, hold harmless and defend City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Operator or any person employed by Operator in the performance of this Agreement.

B. All duties of Operator shall survive termination or expiration of the Agreement.

Section 15. Insurance.

D. The policies of insurance required by this Agreement shall contain an endorsement naming the City and City’s elected officials, officers and employees as additional insureds.

F. Separate Application. Subject to Operator’s General Liability policy combined single limit, the insurance afforded applies separately to each insured, against whom claim is made, or suit is brought.
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G. Reassessment of Coverage: At the end of each contract year, City reserves the right to review insurance coverage requirements and to require increased insurance requirements depending upon assessment of the risk of exposure, Operator’s past experience, and the availability and affordability of increased Liability insurance coverage. To the extent such increased coverage increases Operator’s costs, Operator’s bill rates shall be adjusted accordingly.

H. Any deductibles or self-insured retentions must be declared to and approved by City.

K. At all times during the term of this Agreement, Operator shall maintain on file with the City Clerk a certificate or certificates of insurance, in a form acceptable to City’s Risk Manager, showing that the aforesaid policies are in effect in the required amounts. Operator shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates.

L. The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Operator and its insurance carriers.

M. Waiver of Defenses: Neither City nor Operator shall waive, release, or otherwise forfeit any possible defense City or Operator may have regarding Claims arising from, or made in connection with, the operation of the Jail by Operator without the written consent of the other party to this Agreement. City and Operator shall preserve all such available defenses and cooperate with each other to make such defenses available for each other’s benefit to the maximum extent allowed by law. This provision shall include any defenses City may have regarding litigation, losses, and costs resulting from claims or litigation pending at the time this Agreement becomes effective or arising thereafter from occurrences prior to the effective date of this Agreement.

Section 17. Right to Audit and Record Keeping.

A. City shall have the right to examine, audit and inspect records and accounts related to the services provided under this Agreement, including making copies thereof, free of charge.

Records and accounts shall include but not be limited to all financial books and records, maintenance records, Employee personnel records generated by Operator or maintained by Operator, including records of background investigation generated by Operator, or any other record held by a third party related to the performance of this Agreement. Operator shall make the same available for inspection by City or City’s auditors at any time during normal business hours after reasonable notice during the term hereof and for a period of five (5) years after the termination of this Agreement. In addition, Operator shall provide City with fiscal year and financial statements related to the operation of the Jail Facility.

D. Operator shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as City deems necessary. If records are not made available within the County of Los Angeles, Operator shall pay City’s travel, hotel and meal costs to the location where the records are maintained. Operator must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

14 B0785-0001\2516818v8.doc
Section 18. Compliance Monitoring.

B. Monitoring by City. City may, in its discretion, in coordination with City’s Technical Representative, devise its own checklist or lists for monitoring the quality of Operator’s performance with this Agreement and the applicable Minimum Standards, the Jail Bureau Manuals and Beverly Hills Police Department Policies, and Operator shall cooperate fully with City and City’s Technical Representative in obtaining the requisite information needed to complete such checklists and to assess the quality of Operator performance. Such monitoring by City shall not relieve Operator of any of its obligations under this Agreement.

Section 19. Representations and Warranties of Operator.

Operator represents and warrants to and for the benefit of the City with the intent that the City will rely thereon for purposes of entering into this Agreement the following stipulations:

A. Organization and Qualification. Operator has been duly incorporated and validly exists as a corporation in good standing under the laws of the State of __________with power and authority to conduct its business as presently conducted and as proposed to be conducted pursuant to this Agreement.

E. Compliance with Laws. Neither Operator nor its officers and directors purporting to act on behalf of Operator have been advised, and have no reason to believe, that Operator or such officers and directors have not been conducting business in compliance with all applicable 15 B0785-0001\2516818v8.doc
laws, rules and regulations of the jurisdictions in which Operator is conducting business including all safety laws and laws with respect to discrimination in hiring, promotion or pay of employees or other laws affecting employees generally.

G. Taxes. Operator has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon, and Operator has no knowledge of any tax deficiency which has been or might be asserted against Operator which would materially and adversely affect Operator’s ability to perform its obligations under this Agreement.

Section 20. Notices.

With a copy to:

Section 21. CITY COVID-19 Vaccination and Record Keeping Requirement.

Operator and its employees, personnel, agents, subconsultants, volunteers and subcontractors or any other individual under the control of Operator who work at City worksites and facilities or physically interact with City employees, contractors or members of the public in the performance of their duties under the Agreement (collectively “Covered Employees”) shall comply with City’s COVID-19 vaccination and record keeping requirements in connection with the services provided to City under the Agreement and as more particularly described in the attached “Acknowledgement of City’s Vaccination Requirements Against The COVID-19 Virus”, Attachment 1 to Exhibit A. Operator shall execute this Agreement and Attachment 1 attesting that only vaccinated individuals or Covered Employees legally exempt from the vaccination requirement with proof of a negative COVID-19 PCR or antigen test will be assigned to work at City worksites and/or facilities or physically interact with City employees, contractors or members of the public.

Section 22. Miscellaneous Provisions.

C. Non-Discrimination. Operator shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this agreement, and will comply with any rules and regulations of City relating thereto.

E. Invalidity and Severability. In the event that any covenant, provision or restriction contained in this Agreement is found to be void or unenforceable (in whole or in part) by a court of competent jurisdiction, it shall not affect or impair the validity of any other covenant, provisions or restrictions contained herein, nor shall it affect the validity or enforceability of such provisions 17 B0785-0001\2516818v8.doc
in any other jurisdiction or in regard to other circumstances. Any covenants, provisions or restrictions found to be void or unenforceable are declared to be separate and distinct, and the remaining covenants, provisions and restrictions shall remain in full force and effect.

I. Governing Law(s). This Agreement shall be governed by and construed in accordance with the laws of the State of California.

K. Amendment. No changes to this Agreement shall be made except upon written agreement of both parties.

N. Remedies Cumulative. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy.

O. Prohibition Against Assignment. This Agreement is made on the express condition and understanding that Operator’s personal services are a substantial inducement to City for entering into this Agreement. Therefore, this Agreement may not be sold, transferred or assigned by Operator, or by operation of law, to any other person or persons or business entity, without City's prior written permission. Any such sale, transfer or assignment without prior written permission, may be deemed by City to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. 18 B0785-0001\2516818v8.doc
P. No Third Party Beneficiaries. The only Parties to this Agreement are the City and Operator. There are no third party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever.

EXECUTED the day of 20__, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

ROBERT WUNDERLICH
Mayor of the City of Beverly Hills
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
OPERATOR:

NAME:

TITLE:
___________________________________
NAME:

TITLE:

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager

MARK STAINBROOK
Chief of Police

SHARON L’HEUREUX DRESSEL
Risk Manager

19 B0785-0001\2516818v8.doc

EXHIBIT A

1. Intake and Release Processing. Operator shall provide intake, housing and release processing which shall include: (i) acceptance of inmate custody; (ii) inmate search as permitted by law; (iii) inventory and storage of inmate’s personal property and funds; (iv) entry of inmate data into City’s and Los Angeles County’s booking systems; (v) performing law enforcement database checks (JDIC/CLETS/NCIC) including but not limited to, the Criminal 20 B0785-0001\2516818v8.doc
History System, Wanted Persons System, Los Angeles Countywide Warrant System, Los Angeles County Consolidated History System, Driver History database, and any other required check as may relate to an inmate: (vi) fingerprinting of inmate; (vii) taking and processing of DNA samples when required by law; (viii) generation of intake and release documents and records, including all Los Angeles County Health Department and Board required forms and reports related to intake, photographing and fingerprinting of inmate; (ix) initiation of health and wellbeing screening, classification and housing assignment of inmate; (x) review and/or inspection of documents pertaining to inmates, including release documentation and ascertainment of inmate identification confirmation prior to release; (xi) return of inmate personal property and funds; (xii) completion of internal release documentation and ascertainment of inmate identification confirmation prior to release; (xiii) transportation as described in this Exhibit A, and any and all such other duties as may be required by applicable statute or rule.

B. Employee Background Investigation: A background investigation shall be made by Operator of the Jail Superintendent, and all prospective Operator Employees prior to any prospective employee being hired by Operator for assignment to the Jail, at Operator’s sole expense. Results of such investigation shall be made available to the City and the City shall have the right to interview and reject or approve all prospective Operator Employees before being assigned to the Jail, provided that any rejection is made in writing and in accordance with applicable law. Operator shall maintain on file for each Employee two completed fingerprint cards, a photograph taken within the last six months, a criminal history, and immigration information (where applicable). Operator shall provide City with unlimited access to the personnel files of each Employee assigned to the Jail Facility.

C. The Employee background investigation shall consist of the requirements set forth in Section 8 of the Agreement.

III. ORIENTATION AND TRAINING.

A. Operator shall ensure that all Operator Employees assigned to the Jail Facility are in compliance with the applicable training required by law and City’s Minimum Standards.. 21 B0785-0001\2516818v8.doc
B. Operator shall provide and ensure that the following training levels are achieved and maintained by Operator’s Employees, at Operator’s expense.

The Jail Superintendent shall successfully complete the California Board of State and Community Corrections approved 80-hour “Type 1” STC Supervisory Course (“Supervisor Core Course”), prior to working at the Jail Facility. The Superintendent shall complete all training requirements, as outlined in Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1021. In compliance with the California Board of State and Community Corrections annual training requirements the Jail Superintendent shall complete twenty-four (24) hours of updated instruction during any year he/she is not participating in a Supervisor Core Course.

6. De-escalation Training. De-Escalation Defined: De-escalation is the process of using strategies and techniques intended to decrease the intensity of the situation Operator shall require correctional officers / jailers / custody officers to utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. The intent of 22 B0785-0001\2516818v8.doc
de-escalation techniques and strategies applies, when safe and feasible, throughout the course of any interaction with an individual, even after force is administered. Operator shall provide guidance on when and how to use communication, de-escalation, and crisis intervention strategies to defuse and resolve encounters, without the use of force, when safe and feasible to do so.

C. Stability of Supervision: The Jail Superintendent position is critical to the successful execution of this Agreement and must be filled by a person selected mutually by the Operator and the City’s Technical Representative or designee. It is required that the Jail Superintendent candidates have a minimum of one-year supervision experience in a jail or jail facility, it is required the Jail Superintendent will remain at least one (1) year at the Jail Facility, assuming the Jail Superintendent remains an Employee of Operator, and Operator will not assign the Jail Superintendent to another jail facility operated by Operator. However, the City may seek the removal of a Jail Superintendent in writing in its sole discretion, provided such removal is in accordance with applicable law.

IV. INFECTIOUS DISEASE
A. The Federal Government and State of California, the County of Los Angeles, and City have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for City employees and the community, City is requiring all contractors and Operator to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “Operator employees”) assigned to City projects that come onsite to any City facility to perform services under the Agreement.

C. Operator shall monitor Operator employees’ signs and symptoms with written logs.

Operator shall do and maintain a daily recording of the following:

1. Require Operator employees to take their temperature each time they enter and exit City facilities (both before and after work is performed at City facilities). 23 B0785-0001\2516818v8.doc

2. If Operator employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have Operator employees report to work.
(b) Contact your City Responsible Principal.
(c) Direct Operator employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubical,

3. Operator shall disinfect all areas that Operator’s employees come in contact with while performing services under the Agreement before and after usage.

4. Operator employees shall not return to any City facility until they meet the guidance* of the Los Angeles County Department of Public Health. * Operator acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.

D. Operator shall also maintain daily monitoring and record keeping in connection with City projects where Operator employees come on site for the following information:

2. Operator employees are not working while sick.

3. Operator shall notify their City Project Manager or City Responsible Principal prior to reporting on site daily.

4. Operator shall contact their City Project Manager or City Responsible Principal to reschedule non-essential services.

E. Operator shall provide employees with handwashing and sanitizing equipment.

Section V of this Agreement contains City’s Vaccination and Record Keeping requirements.

Operator shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders. 24 B0785-0001\2516818v8.doc
For the latest City updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
City reserves the right to review Operator’s daily logs to ensure compliance with this Agreement. City has the right to send Operator employees home who do not comply with these requirements. Operator shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact City’s Responsible Principal or Risk Management at 310- 285-1073.

V. COVID-19 VACCINATION AND RECORD KEEPING REQUIREMENTS Operator shall execute the attached “ACKNOWLEDGEMENT OF City VACCINATION AND RECORD KEEPING REQUIREMENTS AGAINST THE COVID-19 VIRUS”, Attachment 1 to this Exhibit.

25 B0785-0001\2516818v8.doc
ATTACHMENT 1 TO EXHIBIT A

ACKNOWLEDGEMENT OF CITY VACCINATION AND RECORD KEEPING
REQUIREMENTS AGAINST THE COVID-19 VIRUS

I, THE UNDERSIGNED, HEREBY ATTEST THAT I AM AN AUTHORIZED REPRESENTATIVE OF OPERATOR.

I hereby acknowledge and agree to comply with the City’s requirement that Operator and its employees, personnel, agents, subconsultants, volunteers, and subcontractors, or any other individuals under the control of the Operator, who work at City worksites and facilities or physically interact with City employees, contractors or members of the public in the performance of their duties under the Agreement (collectively “Covered Employees”) shall be fully vaccinated against the COVID-19 virus. Covered Employees shall include those with and without City badge access.

Fully vaccinated shall be defined as two (2) weeks after the second dose of the Pfizer-BioNTech or Moderna COVID-19 vaccine is administered to the Covered Employee or two weeks after the single dose of the Johnson and Johnson Janssen COVID-19 vaccine is administered to the Covered Employee, or as further defined by the Center for Disease Control and Prevention (“CDC”), State of California, County of Los Angeles, or City of Beverly Hills. Each Covered Employee shall provide proof (vaccine card, image of vaccine card showing vaccination status) to Operator that such Covered Employee is fully vaccinated as defined in this Attachment no later than December 31, 2021 or, in the case of an exempted Covered Employee, shall provide proof of a negative COVID-19 test (PCR or antigen) to Operator as further described in this Attachment.

I, the undersigned hereby attest that only vaccinated individuals, or exempted individuals with a negative COVID-19 test (PCR or antigen), will be assigned to work at City worksites and/or facilities or physically interact with City employees, contractors or members of the public under the Agreement. Covered Employees may be required to show proof of their vaccination status or an authorized legal exemption and a negative COVID-19 test (PCR or antigen) to a City representative prior to performing work under the Agreement or at any time while performing work under the Agreement. Operator shall be responsible for ensuring that all of its assigned Covered Employees are fully vaccinated, or, if exempt from the vaccination requirement, will have a negative COVID-19 test (PCR or antigen) within one (1) week of performing work under the Agreement. Operator shall maintain a log, certified by Operator, of vaccinated and exempted/tested Covered Employees for the term of the Agreement and shall provide such log to City upon request at any time.

I also acknowledge that I may have an obligation to my Covered Employees to provide religious or medical exemptions to the vaccination requirement. I agree that I will follow all applicable laws regarding religious and medical exemptions, including those provided by the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Fair Employment and Housing Act. I agree that it is my sole responsibility to obtain legal guidance, if needed, to follow the requirements of applicable laws and to establish a process and standards by which requests for exemptions are evaluated.

I understand and acknowledge that City may, at a future time, determine that it cannot accommodate unvaccinated Covered Employees, and that it may not permit certain or all unvaccinated Covered Employees to perform work under the Agreement. 26 B0785-0001\2516818v8.doc
Failure to comply with these requirements shall be a default under the Agreement. Operator is responsible for all costs associated with compliance with this Attachment.

I ALSO ACKNOWLEDGE THAT THESE REQUIREMENTS MAY CHANGE FROM TIME TO

TIME PURSUANT TO FUTURE FEDERAL, CALIFORNIA AND LOS ANGELES COUNTY

REQUIREMENTS AND AGREE TO COMPLY WITH ALL APPLICABLE STATUTES,

REGULATIONS, ORDERS, ORDINANCES AND POLICIES RELATING TO MITIGATING THE TRANSMISSION OF COVID-19..

I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT THE FOREGOING IS TRUE AND CORRECT UNDER PENALTY OF PERJURY.

By:____________________________________________________________ Name:

Title:

Contract and Vendor #

27 B0785-0001\2516818v8.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
Operational Payment: City shall compensate Operator for services performed on a monthly basis for the term of the Agreement in accordance with the terms of the Agreement. Operator agrees to invoice City on a monthly basis for services performed for the previous monthly period. Each invoice shall denote the identity of each Jailer, the dates, times and hours worked during the affected period.

City shall compensate Operator on an hourly basis (except as noted in the Additional Notes). The Jail Superintendent shall be a salaried position, so no over-time will be compensated by City for work of more than 40 hours per week. The salary rate shall be based on 40 hours (x) the Bill Rate set forth below. The remaining positions are hourly employees to be paid at the hourly “Bill Rate” set forth below. Overtime billing rates will apply when City requests additional work hours of Operator’s Employees when said Employees have accrued more than 8 work hours in a 24 hour period. Overtime costs incurred in the fulfillment of the minimum staffing requirements outlined in this Agreement (including overtime hours worked by staff to cover for sick or vacationing personnel) shall be the sole responsibility of Operator.

All training shall be provided by Operator at Operator’s sole cost except as otherwise provided in this Exhibit. This shall include costs for Employee salary, including overtime, licenses, certifications, courses, etc. For example, if an Employee requires training and is already assigned to the Facility, the Operator shall pay the costs associated for the Employee to attend the training and the Employee’s salary while attending the training.

In addition, City shall compensate Operator on an hourly basis for Jail transportation. The salary rate shall be based on 25 hours (x) the Billing Rate set forth below. Overtime billing rates will apply when City request additional work hours of Operator’s Employees when said Employees have accrued more than 8 work hours in a 24 hour period. Overtime costs incurred in the fulfillment of the minimum staffing requirements outlined in this Agreement (including overtime hours worked by Operator Employees to cover for sick or vacationing personnel) shall be the sole responsivity of Operator.

POSITION HOURLY
WAGE
HOURLY
BILL
RATE

OVERTIME

RATE WHEN

ADDITIONAL
HOURS

REQUESTED

BY CITY
HOURS
PER
WEEK

WEEKLY COST

TO CITY

ANNUAL COST

TO CITY
JAIL SUPERINTENDENT $ $ NOT
APPLICABLE 40 $ $
SHIFT LEAD $ $ 40 $ $
CUSTODY OFFICER $ $ 40 $ $
TRANSPORTATION OFFICER $ $ 25
TOTAL $ $
Jail Transportation Rates
The above hourly bill rates shall include:
 Overtime costs incurred by Operator for six paid holiday  Overtime costs incurred by Operator due to vacations, sick calls, etc.  Background investigations
 Screening/Recruiting
 40 Hours Vacation after one year for each Custody Officer  80 Hours vacation after two years (Custody Officer only)  80 hours vacation per year for each Jailer Operations Officer 29 B0785-0001\2516818v8.doc
 Training in BHPD policies and procedures, including 16 hours of on-site training for new Custody Officers
 Training in BHPD policies and procedures, including 80 hours of on-site training for new Jail Operations Officers
 Title 15 training costs due to turnover
 Title 15 annual training
 Training in Operator policies and procedures
 Uniforms
 Medical, dental, vision and life insurance benefits
 Area supervision and account management
 Payroll taxes and insurance
Title 15 Training Costs

1. Operator shall endeavor to identify officers with Title 15 Certification for assignment to the Jail Facility.

2. City shall assist in the selection process and shall have sole discretion over assignment of personnel to the Jail Facility as described in the Agreement.

3. All Operator officers will attend on-the-job training at BHPD concurrently with actual service.

4. For new officers without Title 15 Certification, Operator shall bill City the “Title 15 Training Rate” for a maximum of 200 training hours for each officer who attends the Corrections Officer Core Course. Additionally, Operator shall bill the City the “Non T15 Custody Officer Hourly Bill Rate” for such officer’s first 2,080 hours of assignment to the Jail Facility.

Additional Notes

1. Operator shall invoice monthly.

2. Jail Superintendent shall be a salaried position.

3. Overtime billing rates will apply when City requests additional work hours of Operator’s Employees when said Employees have accrued more than 8 work hours in a 24-hour period.

B0785-0001\2516818v8.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

ADDRESS C.

COMPA
NY
(A. B.

C.)

COVERAGE POLICY
NUMBER

EXPIRATI
ON
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S

PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS'

COMPENSATION


It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

Beverly Hills City CouncilJune 21, 2022

Beverly Hills City Council
June 21, 2022