Beverly Hills City Council
September 20, 2022

AGENDA REPORT
Meeting Date: September 20, 2022
Item Number:

To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND VITAL MEDICAL SERVICES, LLC FOR MEDICAL SERVICES IN THE CITY’S

JAIL AND FIELD, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN
ADMINISTRATION; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2022-
2023 IN THE TOTAL NOT TO EXCEED AMOUNT OF $277,200
Attachments: 1. Agreement

2. Bid No. 22-170-03

RECOMMENDATION
Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Vital Medical Services, LLC for medical services in the City’s jail and field, medical directive oversight and Narcan administration. Staff also recommends the approval of a purchase order for Fiscal Year 2022-2023 in the total not to exceed amount of $277,200.

INTRODUCTION
The City utilizes the services of Vital Medical Services, LLC to conduct inmate medical clearances and blood draws for the City Police Department’s Jail Bureau and Field, medical director services for the Communications Bureau and Narcan administration for Patrol Bureau.

DISCUSSION
On June 1, 2022, the City released a Request for Proposal Bid No. 22-170-03 requesting prospective respondents to submit proposals for the provision of medical services in the City’s jail, medical directive oversight, and Narcan administration. The bid closed on June 15, 2022 having received one bid from Vital Medical Services, LLC.

D-8
Meeting Date: September 20, 2022

The City originally retained Vital Medical Services, LLC in March 2018 to implement a pilot program in which the vendor would come onsite to the City’s Jail Facility to perform medical clearance and blood draws on inmates. On June 24, 2018, the Police Department received City Council approval for an extension to the pilot program and to add additional services offered by Vital Medical Services, LLC. As a result of utilizing Vital Medical Services, patrol officers now transfer the care of an arrestee to the jail staff at the time of booking and immediately return to the field. A local hospital medical release can take up to four hours per arrestee, depending on the nature of the ailment, which includes waiting for the hospital staff to evaluate the arrestee. By implementing this service with Vital Medical Services, the Beverly Hills Police Department saves over 900 patrol officer hours annually. This program has allowed officers to quickly return to their primary function of patrolling the City and responding to calls for service.

The Beverly Hills Police Communications Bureau dispatches for the Beverly Hills Fire Department and provides callers Emergency Medical Dispatch (EMD) instructions over the phone. As of 2018, the regulating authority, Los Angeles County Department of Health Services, Emergency Medical Services Authority (LAMSA), requires EMD call centers to have Medical Director oversight in the form of a licensed California physician; California Health and Safety Code, Division 2.5, Section 1797.220. This agreement will continue medical director oversight services for the review of medical calls received through the Communications Bureau.

Vital Medical Services also provides the Beverly Hills Police Department with Narcan administration. Law Enforcement officers are encountering opioid emergencies, including fentanyl, on a regular basis, including exposures. To mitigate deadly accidental exposure or to respond to an overdose, the Police Department has begun to use Nasal Narcan (naloxone HCI) for immediate emergency deployment. This agreement will continue the Narcan administration service.

Additionally, as the COVID-19 pandemic has evolved and the cases continue to increase, testing of inmates has become a priority and a necessity to help Police department staff remain safe, protected and available for critical services. Vital Medical Services, LLC has a relationship and partnership with local hospitals and laboratory services that allows them to provide this service to the Police Department. The increased necessity for testing and safety has resulted in a need to continue such services. Last, Vital Medical Services, LLC will also be utilized for expanded training in the use of Narcan for field personnel, including traffic control officers.

FISCAL IMPACT
Funds for this agreement have been identified in the Department’s operational budget for Jail Operations (Org/Object 00102403-731220) for Fiscal Year 2022-2023 in the total not to exceed amount of $277,200.

Mark Stainbrook,
Chief of Police
Approved By
Attachment 1
1 B0785-0001\2708202v5.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

VITAL MEDICAL SERVICES, LLC FOR MEDICAL SERVICES IN
THE CITY’S JAIL AND FIELD, MEDICAL DIRECTIVE

OVERSIGHT AND NARCAN ADMINISTRATION
NAME OF CONSULTANT: Vital Medical Services, LLC
RESPONSIBLE PRINCIPAL OF CONSULTANT: Alex G. Ghazalpour, Chief Operating Officer CONSULTANT’S ADDRESS: 701 North Brand Blvd., Suite 850
Glendale, CA 91203
Attention: Alex G. Ghazalpour, Chief
Operating Officer
CONSULTANT’S E.I.N/TAX I.D. NO.: 46-1055770
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Chief of Police
COMMENCEMENT DATE: September 12, 2022
TERMINATION DATE: August 11, 2025
CONSIDERATION: Medical Services Fee Not to exceed
$252,000 per year ($21,000 per month)
Contingency for additional work not to
exceed $25,200 per year
Total Not to Exceed $277,200 per year
DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 2 B0785-0001\2708202v5.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

VITAL MEDICAL SERVICES, LLC FOR MEDICAL SERVICES IN
THE CITY’S JAIL AND FIELD, MEDICAL DIRECTIVE

OVERSIGHT AND NARCAN ADMINISTRATION
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Vital Medical Services, LLC (hereinafter called “CONSULTANT”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONSULTANT represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONSULTANT shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.

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(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONSULTANT 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 CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT 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.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth above shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.

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Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Medical Provider’s Liability Insurance
A policy or policies of Medical Provider’s Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per occurence and Three Million Dollars ($3,000,000) in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) 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.
(d) CONSULTANT 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 CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this 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.

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(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.

Section 12. Indemnification.
(a) CONSULTANT 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 CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) Notwithstanding the indemnification provision set forth in paragraph (a), this section does not apply to any claim that arises solely from the use of force by CITY’s Police Department (“BHPD”) in connection with any medical procedure performed by CONSULTANT under the Agreement and the claim does not allege any other negligent, reckless or intentional acts by CONSULTANT.
(c) All duties of CONSULTANT shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or no reason upon five (5) days’ prior written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation. (c) CONSULTANT shall have the right to terminate the Agreement without cause upon ninety (90) days’ prior written notice to CITY. In the event of termination or cancellation of the Agreement by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.

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Section 14. CITY’s Responsibility.
(a) CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
(b) CITY shall provide CONSULTANT with a medical room for examinations equipped with a desktop computer, monitor and printer with a wired connection to the DMZ network. This shall be a non-domain computer for CONSULTANT to connect to its own local user account.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONSULTANT 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, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained.

CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 7 B0785-0001\2708202v5.doc
regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

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,
California
______________________(SEAL)

HUMA AHMED
City Clerk
[Signatures continue on following page]
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CONSULTANT VITAL MEDICAL

SERVICES, LLC

ARMEN VARTANIAN
President
ALEX G. GHAZALPOUR
Chief Operating 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: 62D9CFBF-5F79-4B19-9C06-039191E806A1 9 B0785-0001\2708202v5.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:

Medical Services:

1. Legal specimen collection Driving Under the Influence (“DUI”) blood draws. The booking of the blood will be handled by BHPD officers in accordance with LA County standards and provisions and BHPD Policy. If an outside laboratory is used, CONSULTANT shall take responsibility for transporting and booking of blood for forensic analysis in accordance with all legal requirements.

2. Pre-booking and medical screening examinations, including with respect to any communicable diseases. If imaging services or comprehensive lab tests are determined necessary, CONSULTANT shall make appropriate recommendations to CITY with respect thereto and CITY shall transport the arrestee or inmate to a local hospital emergency department or other facility, as determined by CITY.

Forced blood draws shall be done in accordance with BHPD policies. Any forced blood draws will require a McNeely Warrant that must be obtained by CITY.

3. Title 15 pregnancy testing. Anytime an arrestee requests pre-natal care per Title 15 requirements the jail is required to provide it. CONSULTANT will conduct a pregnancy test using urine to determine the validity of the arrestee’s claim of being pregnant.

4. Treatment of minor injuries and conditions, as appropriate.

5. Communicable Disease Exposure Testing and Counseling (including COVID-19).

6. Removal of barbs and darts from Conducted Electrical Weapons (CEW) commonly referred to as Tasers and ensure that medical care is provided immediately after a CEW deployment that exceeds care recommended by the manufacturers.

CONSULTANT shall use CITY’s existing video cameras in the room where the Covered Services will be provided to arrestees and inmates in CITY's jail.

CONSULTANT shall be responsible for providing all necessary medical and other equipment and supplies in order for it to provide the Covered Services contemplated in this Agreement.

In addition, CONSULTANT staff will be available to assist CITY with medical screening exams and blood draws at all DUI checkpoints ("DUI Assignments") established by CITY.

CONSULTANT shall make an attempt to respond to field evidence collection requests within 45 minutes upon receiving notification for services, whether it be at a hospital and/or at the scene of a fatal or pedestrian involved accident. Due to unforeseen circumstances beyond DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 10 B0785-0001\2708202v5.doc
CONSULTANT’s control, there may be a slight delay in response, however all call details shall be communicated with CITY upon receiving a call for service.

CONSULTANT staff also must be available for depositions, courtroom testimony and responding to subpoenas ("Legal Testimony") at an additional fee to be agreed upon between the parties in writing.

Medical Director Oversight
CONSULTANT shall perform the following services:

Dispatch Center Medical Director Oversight: CONSULTANT shall provide a physician licensed in California, and board certified in emergency medicine, who possesses knowledge of emergency medical services (EMS) systems in California and the local jurisdiction and who is familiar with dispatching systems and methodologies and has ample experience in medical directorship. Said oversight shall be consistent with Los Angeles County Emergency Medical Services Agency (EMSA) Pre-hospital Policy, Reference No. 227.

As the Dispatch Center Medical Director, CONSULTANT shall provide:

1. Medical direction and oversight of the Emergency Medical Dispatch Center’s operations and governance, by way of, providing consultation, review and or assistance in the following:

2. Medical direction and oversight of the emergency medical dispatch centers daily operations through review of:

3. Policies and procedures related to Emergency Medical Dispatch and patient care

4. Standards for qualifying initial education and continuing education.

5. Create, implement and or review pre-arrival instructions, such that, said instructions reflect LA County EMSA Pre hospital Care Policies, Treatment Protocols and the community standard, as set forth by the LA County EMSA

6. Create, implement and review the EMD’s Quality Improvement (QI) Plan, its indicators therein and action or education applied thereafter, as applicable. a. Said QI Plan shall be consistent with LA County EMSA Pre hospital Policy Reference No. 620

7. Review of EMD call records and assist in the collation and interpretation of correlating data for the purposes of quality improvement and quality assurance

8. Participate in EMD risk management and compliance activities

9. Participate in Dispatch Center Advisory meetings and group work, as set forth by the LA County EMSA

10. Dispatch guidelines including pre-arrival instructions.

11. Quality improvement (QI) and compliance standards
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12. Ongoing periodic review of dispatch records for identification of potential patient care issues

13. Participate in dispatch quality improvement, risk management and compliance activities

14. Attend participate by phone conference call, and send a representative to the Dispatch Center Advisory meetings scheduled by the Los Angeles County EMS Agency

15. Provide Emergency Medical Center monthly activity report CONSULTANT shall establish a QI Program, at the minimum, consistent with LA County EMSA Pre hospital Policy Ref. No. 620. Said Program shall evaluate indicators and other select data sets specific to the dispatch of emergency medical services.

CONSULTANT shall have a written QI Program plan that includes all components defined in LA County EMS Pre hospital Policy Ref. No. 620. Additionally, the following components shall be included in the QI Program:

CONSULTANT shall help establish a QI Program that shall evaluate indicators specific to the dispatch of emergency medical services in order to foster continuous improvement in performance and quality patient care.

CONSULTANT shall have a written QI Program plan that includes, at minimum, the following components:

1. Mission statement, objectives, and goals for process improvement of the communication center

2. Organizational chart or narrative description of how the QI program is integrated within the dispatch center, process(s) for data collection and reporting. Include templates utilized in standardize reports

3. Key performance measures or indicators related to delivery of emergency medical dispatching. Methods or activities designed to address deficiencies and measure compliance to protocol standards as established by the EMD Medical Director through ongoing random case review for each emergency medical dispatcher

4. Activities designed to acknowledge excellence in the delivery of emergency medical dispatch performance
The QI process shall:

1. Monitor the quality of medical instruction given to callers, including ongoing random case review for each emergency medical dispatcher and observing telephone care rendered by emergency medical dispatchers for compliance with defined standards.

2. Conduct random or incident specific case reviews to identify calls/practices that demonstrate excellence in dispatch performance and/or identify practices that do not conform to defined policy or procedures so that appropriate training can be initiated.

3. Review EMD reports, and/or other records of patient care to compare performance against medical standards of practice.

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4. Recommend training, policies and procedures for quality improvement.

5. Annually, and as requested prepare and submit a written QI Plan, to the specifications of the LA County EMSA, consistent with Ref. No. 620.

Nasal Narcan

NASAL NALOXONE (NARCAN) PROGRAM
CONSULTANT shall perform the following services in connection with the Nasal Naloxone (Narcan) Program:

Items 1-6 are further detailed in the VITAL-A004 Policy in Attachment 1 to this Exhibit.

1. Medical Director oversight for Nasal Naloxone (Narcan) administration

2. Executed Standing Order for Medication Administration

3. Nasal Naloxone (Narcan) Education

4. Nasal Naloxone (Narcan) Training - The use of Naloxone via a nasal injector is relatively simple and generally not dangerous or difficult. CONSULTANT shall create a comprehensive curriculum in accordance with the manufacturer's suggested training recommendation, for a 1-2-hour training course to be required for all officers who will deploy with Naloxone kits. The course will include the following:

Course of instruction
Demonstrations
Brief competency skills and demonstrative examination

5. Nasal Naloxone (Narcan) Program Oversight and Implementation.

6. Nasal Naloxone (Narcan) Customized Policy Implementation

7. Mandatory reporting of usage to EMS Agency

8. QA-QI reporting quarterly to EMS Agency
Staffing
CONSULTANT shall serve as CITY’s Program Coordinator, as referenced in VITAL-A004 Policy.

The Program Coordinator will designate and be responsible for reporting requirements. The Program Coordinator will be available to all CITY agents on an on-call basis (24) hours per day, seven (7) days per week.

II. 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 CONSULTANT 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 “CONSULTANT employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

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

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C. CONSULTANT shall monitor CONSULTANT employees’ signs and symptoms with written logs. CONSULTANT shall maintain a daily recording of the following:

1. Require CONSULTANT 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 CONSULTANT 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, CONSULTANT shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.

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

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

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

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. CONSULTANT employees are not working while sick.

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

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

E. CONSULTANT 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.

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 14 B0785-0001\2708202v5.doc
CONSULTANT 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 CONSULTANT’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONSULTANT employees home who do not comply with these requirements. CONSULTANT 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.

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 15 B0785-0001\2708202v5.doc
ATTACHMENT 1 TO EXHIBIT A
Beverly Hills Police Department
Vital Medical Services
Joint Policy
Section 1. Subject: Nasal Narcan (Naloxone)
Administration
Effective Date: Upon Deployment
Supersedes: New
Category: Naloxone Administration
Number: VMS-A004
(a) PURPOSE
Law enforcement personnel are occasionally the first responders to a person who is experiencing or suspected of experiencing an opioid-related overdose. The purpose of this policy is to establish procedures to govern an "Nasal Naloxone Program" through the deployment of Naloxone by Law enforcement personnel. The objective is to reduce injuries and fatalities resulting from opioid overdoses, in the instances where emergency medical personnel have not yet arrived. In response to dramatic increases in opioid related overdose deaths in recent years, the United States Attorney General strongly encouraged federal, state, and local law enforcement agencies to consider using drugs such as Naloxone (pronounced na-LOX-own) as first responders to treat subjects who have overdosed on these types of drugs. Many states, including California, have passed legislation to authorize licensed health care providers to prescribe and provide opioid antagonists (such as Naloxone) to family members, friends, or other persons who are in positions to assist people at risk of opioid-related overdoses. As a result, law enforcement agencies in at least 37 states across the nation are deploying Naloxone with field patrol personnel (Source: North Carolina Harm Reduction Coalition). Drug overdoses have continued to be the leading cause of injury death in the United States; and among people 25 to 64 years old, drug overdoses cause more deaths than motor vehicle traffic crashes. In the United States since 2001, overdose deaths from heroin have increased 594% while overdose deaths from prescription opioids have increased 342%

BACKGROUND
According to the United States Department of Justice and the Center for Disease Control and Prevention, a recent study indicated an average of 120 Americans die from drug overdoses every day in the United States, outnumbering even deaths from gunshot wounds or motor vehicle crashes. More than half of these drug overdose deaths involve opioids such as heroin and prescription pain relievers. These studies have indicated that between 2001 and 2014, heroin overdose deaths dramatically increased by 594%.

As a result of these shocking statistics, in March 2014 the United States Attorney General strongly encouraged federal, state, and local law enforcement agencies to review their policies and procedures to determine whether personnel in these agencies should be equipped and trained to recognize and respond to opioid overdoses by various methods, including the use of Naloxone. At that time, the United States Department of Justice reported that nineteen states and the District of Columbia had amended their laws to increase access to Naloxone, resulting in over 10,000 overdose reversals since 2001. Since that time, however, current research has indicated law enforcement officers in at least 37 states are deploying Naloxone with their field officers (Source: North Carolina Harm Reduction Coalition).

Fentanyl is a powerful synthetic drug that is similar to morphine and heroin but is 50 to 100 times more potent. Fentanyl and its analogs are members of the class of drugs known as rapid-acting synthetic DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 16 B0785-0001\2708202v5.doc
opioids that alleviate pain. Other drugs in this class include fentanyl analogs, such as acetyl fentanyl, butyrfentanyl, Carfentanil, alfentanil, sufentanil and remifentanil. Fentanyl acts quickly to depress central nervous system and respiratory function. Exposure to fentanyl can and may be fatal.

The U.S. Drug Enforcement Administration (DEA) classifies fentanyl and some of its analogs as schedule II prescription drugs, which are typically used to treat patients with severe pain or to manage pain after surgery. They are sometimes used to treat patients with chronic pain who are physically tolerant to other opioids; however, per the CDC Guideline for Prescribing Opioids for Chronic Pain, only clinicians who are familiar with the dosing and absorption properties of fentanyl and are prepared to educate their patients about its use and risks should consider prescribing it for chronic pain. Carfentanil is used in veterinary medicine as a sedative or anesthetic agent for large animals. Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs, along with other fentanyl analogs which are not approved for medical purposes, are extremely dangerous when used illicitly.

Naloxone is a safe and effective antidote to all opioid-related overdoses, including fentanyl. It is a critical tool in preventing fatal opioid overdoses. Multiple doses of naloxone may be needed to treat a fentanyl overdose because of its high potency. Depending on state and local laws, naloxone can potentially be administered effectively by emergency responders, law enforcement, and others trained in its use. (Source: NIOSH and CDC 2017).

Abuse of opioid related drugs is at epidemic levels:
 Heroin overdose deaths have increased 594% since 2001 (U.S.)  Overdose deaths from prescription opioids have increased 342% since 2001 (U.S.) Facts:
• There were 28,647 opioid related drug overdose deaths in the United States in 2014 • California ranked #1 in the nation in opioid related overdose deaths with 4,521 (16% of the nation's total)
• More than 60% of the nation's drug
In summary, this legislation:
 Allows Vital Medical Services to approve and execute a standing order, and establish training and reporting protocol
 Provides protection from professional review and civil and criminal liability to those participating in the trial study
 Permits peace officer to participate
Naloxone Hydrochloride (Narcan®) is an opioid antagonist and works to reverse depressed breathing and improve alertness.
 Been in use for decades
 Very high safety profile
 Short acting with no permanent side effects
 Mild side effects, if any
 Can be administered to someone not experiencing an overdose with no adverse effects Naloxone is now being used by law enforcement field personnel in at least 39 states throughout the nation. Each agency has their own policies. VMS has standardized the Naloxone Program to adhere to DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 17 B0785-0001\2708202v5.doc
State of California and Los Angeles County EMS agency requirements. This will allow agencies that have multiple officers representing them to have one standardized policy to follow.

LIABILITY PROTECTION
California legislation Assembly Bill 635 (Civil Code §1714.22) established complete protection from professional review (doctors) and civil and criminal liability for person(s) who are trained and act with reasonable care in administering opioid to antagonists to those experiencing or suspected of experiencing an overdose. In October 2013 California Governor Jerry Brown approved Assembly Bill No. 635 (Civil Code §1714 .22) that allowed licensed health care providers to establish and issue standing orders for the administration of opioid antagonists (Naloxone, for example) by family members, friends, or other persons "in a position to assist a person experiencing or suspected of experiencing an opioid overdose." Additionally, AB 635 authorized licensed health care providers to prescribe and provide opioid antagonists to family members, friends, or other persons to assist people at risk of an opioid-related overdose. Importantly, AB 635 established legal protection from professional review and civil and criminal liability for licensed health care providers (who issue prescriptions or standing orders) and for persons who are trained and act with reasonable care in administering an opioid antagonist to those experiencing or suspected of experiencing an overdose.

The California Legislature approved and the Governor signed SB 1438 to amend in part Health & Safety Code §1797.197 effective January 1, 2015. SB 1438 requires the Emergency Medical Services Authority, a state agency, to develop and adopt training and standards for all pre-hospital emergency medical care personnel regarding the use and administration of Naloxone hydrochloride and other opioid antagonists.

It is important to note that Health & Safety Code §1797.189 specifically includes peace officers within the definition of pre-hospital emergency medical care personnel (see Health & Safety Code §1797.183 and California Penal Code §13518). There is no timeframe in the statute for the Emergency Medical Services Authority to develop the training and standards, which then must be approved by the State Commission on Emergency Medical Services.

The amendments to Health & Safety Code §1797.197 allows for Law enforcement Agencies and its personnel with the appropriate training and oversight to participate in this program.

The training component is of critical importance to this program because the training requirement is what establishes the immunity provisions of Civil Code §1714.22 (see Health & Safety Code §1797.197(b}(3) (the training for the trial study "shall satisfy the requirements of paragraph (1) of subdivision (d) of Civil Code §1714.22 .")). According to Civil Code §1714.22(f): "Notwithstanding any other law, a person not otherwise licensed to administer an opioid antagonist, but trained as required under paragraph (1) of subdivision (d) (which requires that a person who is prescribed or possesses an opioid antagonist pursuant to standing order must be trained),who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration." According to the Centers for Disease Control and Prevention, the rate of deaths by drug overdoses has risen dramatically in recent years; an average of 120 people die each day from drug overdoses.

TRAINING
Vital Medical Services (VMS) has agreed to assist law enforcement agencies with the acquisition of Nasal Naloxone through ADAPT PHARMA. VMS has partnered with law enforcement for a Naloxone Administration Program to help with the growing Fentanyl and Opioid epidemic in the United States.

The administration of Naloxone is relatively simple and VMS along with manufacturers (ADAPT PHARMA) recommendations has developed a 1 to 2-hour training course that includes:

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 18 B0785-0001\2708202v5.doc
• Course of instruction
• Demonstration
• Brief competency skills and visual examination
The training will be conducted by VMS as a "train the trainer" course and each participating law enforcement agency will be required to send representative(s) to the course to train other agency personnel in the deployment and administration of Naloxone.

NALOXONE KITS
VMS along with protocol standards set forth has recommended Naloxone Kits for law enforcement deployment to contain the following:
• (2) Nitrile Gloves
• CPR One Way Valve Mask with O2 Port
• Clear Eye Protection
• (2) 4Mg Nasal Naloxone Sprays
• Orange Pelican Cases with Customized Foam and Clearly Printed Nasal Naloxone Kit on the cover
IMPORTANT:

Naloxone is a perishable prescription medication that cannot be exposed to extreme temperatures for prolonged periods of time. Therefore, each participating agency must develop protocol for providing kits to officers- the Naloxone kits cannot be kept in patrol cars for days/weeks/months on end.

TRAINING PROTOCOL
The use of Naloxone via a Nasal Spray is relatively simple and generally not dangerous or difficult. Vital Medical Services will follow the instructions and training protocols set forth by Adapt Pharma Pharmaceuticals. The training course will include the following:
 Course of instruction
 Demonstration
 Brief competency skills and written examination
The training component coupled with the initial time for education is critical to establish the liability protection provided by legislation.
(b) POLICY
VMS has:
 Executed a standing order for Nasal Naloxone
 Established training and reporting protocol pursuant to local, state and federal guidelines  Established initial and continuing training guidelines  Accepted responsibility for program evaluation and monitoring

It is the policy of Vital Medical Services that officers shall be trained to administer Naloxone in accordance with mandated training guidelines as determined and established pursuant to Health & Safety Code 1797.197 and California Civil Code 1714.22.

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 19 B0785-0001\2708202v5.doc
(a) Officers who are trained in accordance with mandated training guidelines shall deploy with Naloxone kits in the field. However, the Officer will retain the discretion to administer or not administer Naloxone to persons experiencing or suspected of experiencing opioid related overdoses. There is no legal obligation to administer Naloxone.
(b) Officers who administer Naloxone, are protected from civil and criminal liability if they "act with reasonable care" and "in good faith". This is accomplished by administering Naloxone according to established training protocol.
(c) PROGRAM COORDINATOR
Vital Medical Services will serve as the police agencies Program Coordinator and will work in collaboration with the each respective local, state and federal law enforcement agency. The Program Coordinator will designate Program Managers at each participating location to provide support to the Program Coordinator. Each Law Enforcement agency designee will be responsible for tracking, storage, maintenance, replacement of Naloxone kits, and reporting to the Program Coordinator. (d) PROCEDURE/GENERAL INSTRUCTIONS

INITIAL TRAINING
Officers may not administer Naloxone without the completion of mandated training by VMS. All Officers at participating agencies will receive initial training that will include, at a minimum, an overview of California CivilCode 1714.22, patient assessment (signs/symptomology of overdose), universal precautions, rescue breathing, seeking medical attention, and the use of intra-nasal Naloxone. Upon completion of training, Officers will have their training recorded with the Program Coordinator.

CONTINUING TRAINING
Officers will receive refresher training as deemed appropriate by VMS.

NALOXONE DEPLOYMENT
Law Enforcement Agencies will deploy Naloxone kits in patrol locations and other areas as deemed appropriate.

NALOXONESTORAGE
Naloxone kitsmustbereturned tothe localequipment cageor administrator attheendofshift and will not be kept in patrol vehicles for extended periods of time.

NALOXONE USE
Officers who have completed mandated Naloxone training by VMS are authorized to administer Naloxone when they reasonably believe someone is experiencing an opioid-related overdose.

Personnel will treat the incident as a medical emergency and shall follow these steps when performing this intervention:
(a) Confirm emergency personnel are responding;
(b) Maintain universal precautions;
DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 20 B0785-0001\2708202v5.doc
(c) Perform patient assessment;
(d) Determine unresponsiveness;
(e) Update dispatch of potential overdose state;
(f) Follow Naloxone use protocol;
(g) Immediately notify responding emergency medical personnel that Naloxone has been administered; and
(h) Notify their immediate supervisor.

DOCUMENTATION/NALOXONE REPORTS
Upon completion of the incident, Officers will submit a report detailing the nature of the incident, the care the patientreceived, and the fact Naloxone was deployed.

REPORTING RESPONSIBILITY
The area patrol sergeant and or watch commander will contact Vital Medical Services upon being notified that Naloxone was used. VMS will deploy their administrative staff to complete all necessary reporting requirements set forth by Title 22.

MAINTENANCE AND REPLACEMENT
The daily inspection of Naloxone kits will be the responsibility of officers who are assigned the kit for field deployment. The maintenance and replacement of Naloxone kits will be the responsibility of the Program Manager (or their designee) assigned to each patrol location where the kits are used. Used, lost, or damaged Naloxone kits will be reported to the immediate supervisor and returned to the local Program Manager for replacement.

RESOURCE(S):

North Carolina Harm Reduction Coalition
Adapt-Pharma Pharmaceuticals
National Institute of Occupational Safety and Health (NIOSH) United States Center for Disease Control (CDC)
Law enforcement Agencies with Current Naloxone Implementation Assembly Bill 635 (Civil Code §1714.22)
California Legislature
U.S. Drug Enforcement Administration
California Code of Regulations, Title 22, Division 9, Chapter 1.5, Article 3 DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 21 B0785-0001\2708202v5.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
(a) Rates/Compensation
CITY shall pay CONSULTANT an amount not to exceed Two Hundred Fifty-two Thousand Dollars ($252,000) per year for the work described in Exhibit A and a contingency for unanticipated additional work outside the Scope of Work set forth in Exhibit A not to exceed Twenty Five Thousand Two Hundred Dollars ($25,200) per year at the following rates. CONSULTANT may increase its rates at the beginning of each fiscal year by a percentage not greater than 5%.

MEDICAL SERVICES

SERVICE
CHARGE
RATE
HOURLY
BILL
RATE

OVERAGE

RATE WHEN

ADDITIONAL

SERVICES

REQUESTED

BY CITY
HOURS
PER
WEEK

MONTHLY
COST

TO CITY
ANNUAL

COST TO CITY
Flat Monthly Medical Service Fees $N/A $N/A $N/A N/A $ 21,000 $ 252,000 Medical Director Oversight $N/A $N/A $N/A N/A $ 0 (included) $ 0 (included) Narcan Administration $N/A $N/A $N/A N/A $ 0 (included) $ 0 (included) Medication $N/A $N/A $N/A N/A < $100 (As
Needed)
< $1,200 (As
Needed)
TOTAL $21,000 $252,000
Note: 336 Total Medical Clearances and 120 Blood Draws are included on a rolling annual basis.

MEDICAL SERVICES

SERVICE
CHARGE
RATE
HOURLY
BILL
RATE

OVERAGE

RATE WHEN

ADDITIONAL

SERVICES

REQUESTED

BY CITY
HOURS
PER
WEEK

MONTHLY
COST

TO CITY
ANNUAL

COST TO CITY
MEDICAL CLEARANCES $ Included
above $N/A $575 Per Service N/A $ As Needed $ As Needed BLOOD DRAWS $ Included
above $N/A $223 Per Service N/A $ As Needed $ As Needed DUI CHECK POINTS $792 Per
Checkpoint $N/A $N/A N/A $ As Needed $ As Needed

IN-FIELD, FORCED OR WARRANT

BLOOD WITHDRAWAL (WITHOUT

MEDICAL CLEARANCE)
$446 $N/A $N/A N/A $ As Needed $ As Needed

IN-FIELD, FORCED OR WARRANT

BLOOD WITHDRAWAL (WITH

MEDICAL CLEARANCE)
$798 $N/A $N/A N/A $ As Needed $ As Needed

TASER PROBE REMOVAL
(Includes a Medical Clearance and
two EKG, one initial and one
follow-up)
$798 $N/A $N/A N/A $ As Needed $ As Needed

MEDICAL TRANSPORTATION
SERVICE (5150) $795 $N/A $N/A N/A $ As Needed $ As Needed DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 22 B0785-0001\2708202v5.doc

COMMUNICABLE DISEASE

EXPOSURE TESTING AND
COUNSELING (INCLUDING COVID19)
$1,150 $N/A $N/A N/A $ As Needed $ As Needed

REASONABLE SUSPICION DRUG
AND ALCOHOL TESTING $458 $N/A $N/A N/A $ As Needed $ As Needed

TESTIMONY MAXIMUM HOURLY
RATE $N/A $140 $N/A N/A $ As Needed $ As Needed

STAND-BY TIME MAXIMUM
HOURLY RATE $N/A $140 $N/A N/A $ As Needed $ As Needed
CANCELLATIONS $280 $N/A $N/A N/A $ As Needed $ As Needed TOTAL $ 0 $ 0
*NOTE* Mileage: Provide medical transport services in connection with persons who are taken into custody pursuant to Welfare and Institution Code section 5150, mental health evaluation. The fee for each medical transport to a local medical facility where the distance to such facility is ten (10) miles or less is Seven Hundred Ninety-Five and 00/100 Dollars ($795.00). Transports to facilities where the distance is greater than ten (10) miles will be billed at Ten and 00/100 Dollars ($10.00) each mile past the first ten (10) miles travelled. Upon arrival, the first thirty (30) minutes at the facility is included in the standard fee. If the wait time exceeds thirty (30) minutes, it will be billed at Seventy-Five Dollars and 00/100 Dollars ($75.00) per each fifteen (15) minutes.

Flat Monthly Medical Services Fee - $21,000 which shall include:
 336 Medical Clearances on a rolling annual basis
 120 Blood Draws on a rolling annual basis
 Per 2018 policy, forced or warrant blood draws count as one blood draw and one medical clearance as the patient must be cleared for this procedure  Medical Director Oversight
 Narcan Administration
Cancellations:

A $280.00 cancellation service fee applies if services are requested by CITY but cancelled. This includes procedures requested by CITY and subsequently cancelled.

CONSULTANT shall provide CITY with monthly written reports on a form approved by CITY which detail all encounters in the immediately preceding month, including any excess encounters.

CONSULTANT shall also include associated report numbers for all medical clearances and blood draws for CITY's accounting purposes. The reports shall detail the total amounts due to CONSULTANT for covered services rendered in the preceding month.

CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Monthly invoices should be submitted to the CITY no later than 45 days from the last day of the completion of the month of service. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

Also, CONSULTANT should submit completed EMD reports no later than 15 days from the date CITY files for review.

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 B0785-0001\2708202v5.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.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
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.

DocuSign Envelope ID: 62D9CFBF-5F79-4B19-9C06-039191E806A1 Certificate Of Completion
Envelope Id: 62D9CFBF5F794B199C06039191E806A1 Status: Sent Subject: Please DocuSign: CLEAN Agreement - Vital Medical Services LLC (2022) (002) ready for DocuSign.pdf Source Envelope:

Document Pages: 23 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
9/14/2022 10:22:09 AM
Holder: Maria Lara
[email protected]
Location: DocuSign
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Alex G. Ghazalpour
[email protected]
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ARMEN VARTANIAN
[email protected]
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Mark Stainbrook
[email protected]
Chief
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
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George Chavez
[email protected]
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Lili Bosse
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Huma Ahmed
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Adrianne Tarazon
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Attachment 2
B0785-0001\2667284v1.doc
June 1, 2022
NOTICE INVITING PROPOSALS FOR MEDICAL SERVICES IN THE CITY’S JAIL, MEDICAL

DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
BID NO. 22-170-03
The City of Beverly Hills invites prospective respondents to submit proposals for the provision of (A) Medical Services in the City’s Jail and City of Beverly Hills, Medical Directive Oversight and Narcan Program Management services for the City of Beverly Hills. We will accept bids for all three services or single services. 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 June 15, 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 Medical Services, Medical Directive Oversight and Narcan Administration
PD Bid No. 22-170-03
Attention: Todd Withers, Police Lieutenant and Robert Maycott, Police Lieutenant Beverly Hills Police Department
464 N. Rexford Drive
Beverly Hills, CA 90210
Email: [email protected] and [email protected]

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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MEDICAL SERVICES IN THE CITY’S JAIL, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN

ADMINISTRATION SERVICES FOR THE CITY OF BEVERLY HILLS

REQUEST FOR PROPOSALS
Date of Request: Wednesday, June 1, 2022, 11:00 a.m. (Pacific) Bid Number: 22-170-03
Item Description: The City of Beverly Hills / Beverly Hills Police Department (BHPD) is accepting proposals from qualified bidders to provide medical services in the City’s Jail, Medical Directive Oversight, and Narcan Administration services for the City of Beverly Hills as documented herein.

Question Period: Thursday, June 2, 2022 through Monday, June 6, 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

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, Thursday, June 9, 2022 by 5:00 p.m. (Pacific).

Due Date: Wednesday, June 15, 2022, at 2:00 p.m. (Pacific).

Evaluation Period: June 16, 2022 – June 21, 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.

Council Approval: To Be Announced

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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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 7
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 17

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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SECTION 1: Minimum Requirements for Submitting a Proposal 1-1. Respondents must have been in the business of providing medical services, medical directive oversight and Narcan administration service for municipal jails for a period of at least three 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. Proposals will be accepted for all three services (medical, directive oversight, phlebotomy and Narcan administration. Proposals will also be accepted for single services such as: medical services only, phlebotomy services only, or Narcan Administration. Additionally, proposals will also be accepted for any combination of the above services. 1-4. 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 submitting a written request via email to: [email protected] and [email protected] with a copy to [email protected]. No proposal may be withdrawn after the Open Date. 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, along with the attachments and all other requested documentation.

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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2-5. Respondents to the RFP must submit their proposal online via PlanetBids. The proposal title must include the Bid No. 22-170-03 and Your Company’s name, RFP City of Beverly Hills Jail Medical Services, Medical Directive Oversight and Narcan Administration. 2-6. Proposals must be submitted by June 15, 2022 2:00 p.m. (Pacific) on Wednesday 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’s response 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 of the end of the questions period, Monday, June 6, 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

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JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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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.

SECTION 3: Insurance and Indemnification Requirements
3-1. The Respondent selected (“Vendor”) shall at all times during the term of the Vendor 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 directly or indirectly, from Vendor’s performance and that of Vendor’s employees, of this Agreement.

Property damage insurance shall also protect Vendor 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 in this section must be of a comprehensive form and on an “occurrence basis”, with minimum limits of Two Million Dollars ($2,000,000).
3-2. Vendor 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 One Million Dollars ($1,000,000) 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. Vendor 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 Medical Provider’s Liability Insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate.
3-4. Workers’ compensation insurance as required by the State of California. 3-5. 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.
3-6. Vendor 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.
3-7. At all times during the term of the Agreement, Vendor 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. Vendor shall, prior to commencement of work under the Agreement, file with the City Clerk such certificate or certificates.
3-8. 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

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
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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. 3-9. The insurance provided by Vendor 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 Vendor’s insurance. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. The Vendor hereby waives all rights of subrogation against City.
3-10. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Vendor 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.
3-11. The insurance coverage amounts required under the Agreement do not limit City’s right to recover against Vendor and its insurance carriers.
3-12. Vendor 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 Vendor or any person employed by Vendor in the performance of this Agreement. All duties of Vendor shall survive termination or expiration of the Agreement.
3-13. Vendor’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.
3-14. City does not and shall not waive any rights against Vendor 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 Vendor, 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. Vendor agrees that Vendor’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

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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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.
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 medical services for the Jail facility, medical directive oversight and Narcan administration. This vendor is responsible for performing the following medical services in the jail including:
 Blood Draws
 Pre-booking and medical screening examinations
 Pregnancy Testing
 Treatment of minor injuries
 Narcan Administration
 Narcan education
 Narcan Training
 Medical director oversight and implementation assistance of related programs SECTION 5: Requirements
5-1. (A) Medical Services.

Vendor shall provide on-demand medical services by qualified personnel. Medical personnel shall be available on-call, twenty-four (24) hours per day, seven (7) days per week. Medical services include legal specimen collection Driving Under the Influence (“DUI”) blood draws, transporting and booking of blood for forensic analysis (in accordance with all legal requirements). Vendor shall conduct pre-booking and medical screening examinations, including with respect to mental health and any communicable diseases and make appropriate recommendations, if imaging services or comprehensive lab tests are needed, with respect thereto for the arranging of arrestee transportation to a local hospital or other medical facility.

Vendor shall perform forced blood draws in accordance with CITY polices and McNeely Warrant. Vendor shall also perform Title 15 pregnancy testing and treatment of minor injuries and conditions. Vendor shall ensure a response time to the Beverly Hills Police Department of one (1) hour or less.

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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Vendor shall be available to assist the CITY with medical screening exams and blood draws at all DUI checkpoints/assignments established by the CITY. Vendor shall be able to respond to field evidence collection requests such as a hospital and or scene or a fatal or pedestrian involved accident. Vendor shall be available for depositions, courtroom testimony and responding to subpoenas.

(B) Medical Director Oversight.

Vendor shall perform Dispatch Center Medical Oversight of the Emergency Medical Dispatch Center’s operation and governance by way of providing consultation, review and or assistance and oversight of the Emergency Medical Dispatch centers daily operations in the following review of:
 Policies and Procedures related to Emergency Medical Dispatch and patient care.  Standards for qualifying initial education and continuing education.  Create, implement and or review pre-arrival instructions, such that, said instructions reflect LA County EMSA Pre-hospital Care Policies, Treatment Protocols and the community standard, as set forth by the LA County EMSA.  Create, implement and review the EMD’s Quality Improvement (QI) Plan, its indicators therein and action or education applied thereafter, as applicable. Said QI Plan shall be consistent with LA County EMSA Pre-hospital Policy Reference No. 620  Review of EMD call records and assist in the collation and interpretation of correlating data for the purposes of quality improvement and quality assurance.  Participate in EMD risk management and compliance activities  Participate in Dispatch Center Advisory meetings and group work, as set forth by the LA County EMSA.
 Dispatch guidelines including pre-arrival instructions  Quality improvement (QI) and compliance standards
 On-going periodic review of dispatch records for identification of potential care issues  Participate in dispatch quality improvement, risk management and compliance activities
 Attend and/or participate by phone conference call and send a representative to the Dispatch Center Advisory meetings scheduled by the Los Angeles County EMS Agency
 Provide Emergency Medical Center monthly activity report Vendor shall establish a QI Program, at the minimum, consistent with LA County EMSA Prehospital Policy Ref. No. 620. Said program shall evaluate indicators and other select data sets specific to the dispatch of emergency medical services. Vendor shall also have a written QI Program plan that includes all components defined in LA County EMS Pre-hospital Policy Ref.

No. 620. Additionally the following components shall be in the QI Program:
 Mission statement, objectives, and goals for process improvement of the communication center

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
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 Organizational chart or narrative description of how the QI program is integrated within the dispatch center, process(s) for data collection and reporting including templates utilized in standardize reports.
 Key performance measures or indicators related to delivery of emergency medical dispatching. Methods or activities designed to address deficiencies and measure compliance to protocol standards as established by the EMD Medical Director through ongoing random case review for each emergency medical dispatcher  Activities designed to acknowledge excellence in the delivery of emergency medical dispatch performance
Vendor shall help establish a QI Program that shall evaluate indicators specific to the dispatch of emergency medical services in order to foster continuous improvement in performance and quality patient care. The QI process shall:
 Monitor the quality of medical instruction given to callers, including ongoing random case review for each emergency medical dispatcher and observing telephone care rendered by emergency medical dispatchers for compliance with defined standards.  Conduct random or incident specific case reviews to identify calls/practices that demonstrate excellence in dispatch performance and/or identify practices that do not conform to defined policy or procedures so that appropriate training can be initiated.  Review EMD reports and/or other records of patient care to compare performance against medical standards of practice.
 Recommend training, policies and procedures for quality improvement.

Annually and as requested prepare and submit a written QI Plan, to the specifications of the LA County EMSA, consistent with Ref. No. 620
(C) Nasal Narcan Program Management.

Vendor shall perform the following services in connection with the Nasal Naloxone (Narcan) Administration Program including:
 Medical Director oversight for Nasal Naloxone (Narcan) administration  Executed Standing order for Medication Administration  Nasal Naloxone (Narcan) Education
 Nasal Naloxone (Narcan) Training – The use of Naloxone via a nasal injector is relatively simple and generally not dangerous or difficult. Vendor shall create a comprehensive curriculum in accordance with the manufacturer’s suggested training recommendation, for a 1-2 hour training course to be required for all officers who will deploy with Naloxone kits. The course shall include the following: Course of Instruction, Demonstrations, Brief competency skills and demonstrative examination.  Nasal Naloxone (Narcan) Program Oversight and Implementation  Nasal Naloxone (Narcan) Customized Policy Implementation  Mandatory reporting of usage to EMS Agency
 QA-QI reporting quarterly to EMS Agency
Vendor shall serve as the CITY’s Program Coordinator. The Program Coordinator will designate and be responsible for reporting requirements. The Program Coordinator will be available to all CITY agents on an on-call basis (24) hours per day, seven (7) days per week.

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
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5-2. Compliance: Vendor shall comply with all applicable federal, state and local laws, rules and regulations in performing the services contemplated in this RFP. CITY will be engaging the services of duly licensed professionals, as applicable, who shall provide the services described in this RFP. Any services that constitute the practice of medicine under California law shall be provided by physician(s) or physician’s assistants licensed to practice medicine in the State of California (and with respect to physicians’ assistants, under the supervision of a medical doctor) engaged by Vendor to provide such services in their capacities as licensed healthcare professionals and in accordance with applicable laws, rules and regulations regarding the practice of medicine. In accordance with all applicable law, all decisions, procedures, diagnoses and treatments that constitute the practice of medicine shall be provided by duly licensed physicians who shall have sole and absolute discretion regarding all such matters.

Notwithstanding the above, the patient may refuse such medical care, and/or deny further medical attention which shall be documented by Vendor’s medical staff. 5-3. Equipment Requirements: Vendor 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. Vendor/Employee Qualifications: Vendor shall ensure that all employees assigned to this program shall be a phlebotomist, registered nurse, nurse practitioner or equivalent.

Transportation Requirements: Vendor shall provide his or her own transportation at all times. 5-5. Hours of Operation: Respondent shall be available to respond to calls as needed twenty-four (24) hours per day, seven (7) days per week, including holidays. 5-6. Invoices: Vendor shall submit statements of service charges to be paid by the CITY on a monthly basis, in a format approved by the BHPD. Each invoice shall detail, with specificity, the services for which the City is being charged in the prior month 5-7. Documents: Copies of the following documents shall be submitted to the CITY within fifteen (15) days after the Agreement is executed:
 Business License
 Certificate of Insurance
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:

A. Bid Form. Complete and execute the attached Bid Form set forth in Attachment A.

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

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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. References. Provide a list of references for three jail facilities Respondent has performed jail operations and management services for in the last three years.  Name of Agency/Organization
 Contact Person
 Address
 Telephone
 Fax
 Email
 Description of Services Provided
F. 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.

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

H. Sample Agreement. Carefully review the terms of the sample agreement in Attachment B 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.

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

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

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selection based on its sole discretion, including negotiating with one or more Respondents for the same services.

ATTACHMENT A — BID FORM – Page 1 of 2
(Must be Completed by Respondent)

PROPOSED RATES (HYBRID- FLAT RATE AND PER SERVICE RATES)

MEDICAL SERVICES

SERVICE
CHARGE
RATE
HOURLY
BILL
RATE

OVERAGE

RATE WHEN

ADDITIONAL

SERVICES

REQUESTED

BY CITY
HOURS
PER
WEEK

MONTHLY
COST

TO CITY
ANNUAL

COST TO CITY
Flat Monthly Medical Service Fees $ $ $ $ $
Medical Director Oversight $ $ $ $ $
Narcan Administration $ $ $ $ $
Medication $ $ $ $ $
Transportation $ $ $ $ $
TOTAL $ $

MEDICAL SERVICES

SERVICE
CHARGE
RATE
HOURLY
BILL
RATE

OVERAGE

RATE WHEN

ADDITIONAL

SERVICES

REQUESTED

BY CITY
HOURS
PER
WEEK

MONTHLY
COST

TO CITY
ANNUAL

COST TO CITY
MEDICAL CLEARANCES $ $ $ $ $
BLOOD DRAWS $ $ $ $ $
DUI CHECK POINTS $ $ $ $ $

COMMUNICABLE DISEASE

EXPOSURE TESTING AND
COUNSELING (INCLUDING COVID19)
$ $ $ $ $

REASONABLE SUSPICION DRUG
AND ALCOHOL TESTING $ $ $ $ $

TESTIMONY MAXIMUM HOURLY
RATE $ $ $ $ $

STAND-BY TIME MAXIMUM
HOURLY RATE $ $ $ $ $
CANCELLATIONS $ $ $ $ $

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JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
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TOTAL $ $
The above rates shall include:

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: ______________________________________________________________

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
PAGE 15
B0785-0001\2667284v1.doc
TELEPHONE: ________________________ E-MAIL: ___________________________ SUBMITTED BY: ________________________ ___________________________ Name Title
________________________
Signature

CITY OF BEVERLY HILLS

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
PAGE 16
B0785-0001\2667284v1.doc

ATTACHMENT A – 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

JAIL MEDICAL SERVICES, MEDICAL DIRECTIVE OVERSIGHT AND NARCAN ADMINISTRATION SERVICES FOR

THE CITY OF BEVERLY HILLS
PD BID NO. 22-170-03
PAGE 17
B0785-0001\2667284v1.doc
ATTACHMENT B – Sample Agreement
Refer to the following pages
1 B0785-0001\2667285v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CONTRACTOR'S NAME FOR BRIEFLY DESCRIBE PURPOSE

OF CONTRACT
NAME OF CONTRACTOR: Insert name of contractor
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Insert name, title CONTRACTOR’S ADDRESS: insert street address
insert city, state, zip code
Attention: Insert name, title
CONTRACTOR’S E.I.N/TAX I.D. NO.: Insert contractor’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 2 B0785-0001\2667285v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CONTRACTOR'S NAME FOR BRIEFLY DESCRIBE PURPOSE

OF CONTRACT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Insert contractor's name (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
If compensation is based on an hourly rate or other rates CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.

If compensation is based on a flat fee
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such 3 B0785-0001\2667285v2.doc
services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
(b) Expenses
If no reimbursable expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses.

If CITY reimburses for certain expenses in addition to compensation CONTRACTOR shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONTRACTOR which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR 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 CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR 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.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work. 4 B0785-0001\2667285v2.doc
Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Medical Provider’s Liability Insurance
A policy or policies of Medical Provider’s Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per occurence and Three Million Dollars ($3,000,000) in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) 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.
(d) CONTRACTOR 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 CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work 5 B0785-0001\2667285v2.doc
under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this 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.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR 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 CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.
6 B0785-0001\2667285v2.doc
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR 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, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation. CONTRACTOR shall further comply with its EEO Certification Form (PW-7).

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. 7 B0785-0001\2667285v2.doc
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

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

CITY OF BEVERLY HILLS
A Municipal Corporation

Insert Name of Dept Head / Dir. of Fin. / CM
Insert Title
CONTRACTOR:

Insert Contractor Name
Insert Title

Insert Contractor Name
Insert Title
APPROVED AS TO CONTENT:

8 B0785-0001\2667285v2.doc
Insert Dept Head Name
Title

Insert Risk Manager Name
Risk Manager
9 B0785-0001\2667285v2.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform the following services:
(A) Medical Services.

CONTRACTOR shall provide on-demand medical services by qualified personnel.

Medical personnel shall be available on-call, twenty-four (24) hours per day, seven (7) days per week. Medical services include legal specimen collection Driving Under the Influence (“DUI”) blood draws, transporting and booking of blood for forensic analysis (in accordance with all legal requirements). CONTRACTOR shall conduct pre-booking and medical screening examinations, including with respect to mental health and any communicable diseases and make appropriate recommendations, if imaging services or comprehensive lab tests are needed, with respect thereto for the arranging of arrestee transportation to a local hospital or other medical facility. CONTRACTOR shall perform forced blood draws in accordance with CITY polices and McNeely Warrant.

CONTRACTOR shall also perform Title 15 pregnancy testing and treatment of minor injuries and conditions. CONTRACTOR shall ensure a response time to the Beverly Hills Police Department of one (1) hour or less.

CONTRACTOR shall be available to assist the CITY with medical screening exams and blood draws at all DUI checkpoints/assignments established by the CITY. CONTRACTOR shall be able to respond to field evidence collection requests such as a hospital and or scene or a fatal or pedestrian involved accident. CONTRACTOR shall be available for depositions, courtroom testimony and responding to subpoenas.

(B) Medical Director Oversight.

CONTRACTOR shall perform Dispatch Center Medical Oversight of the Emergency Medical Dispatch Center’s operation and governance by way of providing consultation, review and or assistance and oversight of the Emergency Medical Dispatch centers daily operations in the following review of:
 Policies and Procedures related to Emergency Medical Dispatch and patient care.  Standards for qualifying initial education and continuing education.  Create, implement and or review pre-arrival instructions, such that, said instructions reflect LA County EMSA Pre-hospital Care Policies, Treatment Protocols and the community standard, as set forth by the LA County EMSA.  Create, implement and review the EMD’s Quality Improvement (QI) Plan, its indicators therein and action or education applied thereafter, as applicable. Said QI Plan shall be consistent with LA County EMSA Pre-hospital Policy Reference No. 620
 Review of EMD call records and assist in the collation and interpretation of correlating data for the purposes of quality improvement and quality assurance. 10 B0785-0001\2667285v2.doc
 Participate in EMD risk management and compliance activities  Participate in Dispatch Center Advisory meetings and group work, as set forth by the LA County EMSA.
 Dispatch guidelines including pre-arrival instructions  Quality improvement (QI) and compliance standards
 On-going periodic review of dispatch records for identification of potential care issues
 Participate in dispatch quality improvement, risk management and compliance activities
 Attend and/or participate by phone conference call and send a representative to the Dispatch Center Advisory meetings scheduled by the Los Angeles County EMS Agency
 Provide Emergency Medical Center monthly activity report CONTRACTOR shall establish a QI Program, at the minimum, consistent with LA County EMSA Pre-hospital Policy Ref. No. 620. Said program shall evaluate indicators and other select data sets specific to the dispatch of emergency medical services. CONTRACTOR shall also have a written QI Program plan that includes all components defined in LA County EMS Pre-hospital Policy Ref. No. 620. Additionally the following components shall be in the QI Program:
 Mission statement, objectives, and goals for process improvement of the communication center
 Organizational chart or narrative description of how the QI program is integrated within the dispatch center, process(s) for data collection and reporting including templates utilized in standardize reports.
 Key performance measures or indicators related to delivery of emergency medical dispatching. Methods or activities designed to address deficiencies and measure compliance to protocol standards as established by the EMD Medical Director through ongoing random case review for each emergency medical dispatcher  Activities designed to acknowledge excellence in the delivery of emergency medical dispatch performance
CONTRACTOR shall help establish a QI Program that shall evaluate indicators specific to the dispatch of emergency medical services in order to foster continuous improvement in performance and quality patient care. The QI process shall:
 Monitor the quality of medical instruction given to callers, including ongoing random case review for each emergency medical dispatcher and observing telephone care rendered by emergency medical dispatchers for compliance with defined standards.
 Conduct random or incident specific case reviews to identify calls/practices that demonstrate excellence in dispatch performance and/or identify practices that do not conform to defined policy or procedures so that appropriate training can be initiated.
 Review EMD reports and/or other records of patient care to compare performance against medical standards of practice.
 Recommend training, policies and procedures for quality improvement. 11 B0785-0001\2667285v2.doc
Annually and as requested prepare and submit a written QI Plan, to the specifications of the LA County EMSA, consistent with Ref. No. 620
(C) Nasal Narcan Program Management.

CONTRACTOR shall perform the following services in connection with the Nasal Naloxone (Narcan) Administration Program including:
 Medical Director oversight for Nasal Naloxone (Narcan) administration  Executed Standing order for Medication Administration  Nasal Naloxone (Narcan) Education
 Nasal Naloxone (Narcan) Training – The use of Naloxone via a nasal injector is relatively simple and generally not dangerous or difficult. CONTRACTOR shall create a comprehensive curriculum in accordance with the manufacturer’s suggested training recommendation, for a 1-2 hour training course to be required for all officers who will deploy with Naloxone kits. The course shall include the following: Course of Instruction, Demonstrations, Brief competency skills and demonstrative examination.
 Nasal Naloxone (Narcan) Program Oversight and Implementation  Nasal Naloxone (Narcan) Customized Policy Implementation  Mandatory reporting of usage to EMS Agency
 QA-QI reporting quarterly to EMS Agency
CONTRACTOR shall serve as the CITY’s Program Coordinator. The Program Coordinator will designate and be responsible for reporting requirements. The Program Coordinator will be available to all CITY agents on an on-call basis (24) hours per day, seven (7) days per week.

Compliance: CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing the services contemplated in this RFP. CITY will be engaging the services of duly licensed professionals, as applicable, who shall provide the services described in this RFP. Any services that constitute the practice of medicine under California law shall be provided by physician(s) or physician’s assistants licensed to practice medicine in the State of California (and with respect to physicians’ assistants, under the supervision of a medical doctor) engaged by CONTRACTOR to provide such services in their capacities as licensed healthcare professionals and in accordance with applicable laws, rules and regulations regarding the practice of medicine. In accordance with all applicable law, all decisions, procedures, diagnoses and treatments that constitute the practice of medicine shall be provided by duly licensed physicians who shall have sole and absolute discretion regarding all such matters. Notwithstanding the above, the patient may refuse such medical care, and/or deny further medical attention which shall be documented by CONTRACTOR’s medical staff.

Equipment Requirements: CONTRACTOR shall, at its own costs and expense, provide all equipment that may be required for performance of the services required by this bid. 12 B0785-0001\2667285v2.doc
CONTRACTOR/Employee Qualifications: CONTRACTOR shall ensure that all employees assigned to this program shall be a phlebotomist, registered nurse, nurse practitioner or equivalent.

Transportation Requirements: CONTRACTOR shall provide his or her own transportation at all times.

Hours of Operation: Respondent shall be available to respond to calls as needed twentyfour (24) hours per day, seven (7) days per week, including holidays.

Invoices: CONTRACTOR shall submit statements of service charges to be paid by the CITY on a monthly basis, in a format approved by the BHPD. Each invoice shall detail, with specificity, the services for which the City is being charged in the prior month Documents: Copies of the following documents shall be submitted to the CITY within fifteen (15) days after the Agreement is executed:
 Business License
 Certificate of Insurance
II. 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 CONTRACTOR 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 “CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

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

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:

1. Require CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.
13 B0785-0001\2667285v2.doc

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

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

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

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. CONTRACTOR employees are not working while sick.

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

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

E. CONTRACTOR 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.

CONTRACTOR 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 CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR 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.
14 B0785-0001\2667285v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
(a) CITY shall pay CITY in consideration of the services required by the Agreement in an amount not to exceed xxxx ($xxxx) at the rates set forth in this Exhibit. (b) CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

B0785-0001\2667285v2.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.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
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.