AGENDA REPORT
Meeting Date: May 16, 2023
Item Number:
To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND JULIUS J. GUAY, PHD FOR REAL TIME
WATCH CENTER PROJECT MANAGEMENT AND AS NEEDED
CONSULTING SERVICES; AND
APPROVAL OF A CHANGE PURCHASE ORDER TO JULIUS J.
GUAY, PHD IN THE AMOUNT OF $70,000 FOR A TOTAL NOT TO
EXCEED AMOUNT OF $170,000
Attachments: 1. Julius J. Guay, PhD Original Agreement
2. Julius J. Guay, PhD Amendment No. 1
RECOMMENDATION
Staff recommends approval of Amendment No. 1 to the Agreement with Julius J. Guay, PhD for real time watch center project management and as needed consulting services.
Staff also seeks City Council approval of a Fiscal Year 2022-2023 change purchase order in the amount of $70,000 for a total not to exceed amount of $170,000 for Julius J.
Guay, PhD for real time watch center project management and as needed consulting services.
INTRODUCTION
The Real Time Watch Center (RTWC) began operation on June 7th, 2022, as an effort to incorporate technological advances into the Watch Commander’s office to help identify and prevent crimes in progress. The RTWC conducts operations 24 hours a day, 7 days a week with a watch commander and 2 Virtual Patrol Officers (VPO’s) present at all times and a drone pilot flying the drone 7 days a week, 12 hours a day. The early success of the RTWC and amount of investigative cases and data it has produced have necessitated greater oversight with how that information is gathered and re-distributed.
E-10
Meeting Date: May 16, 2023
DISCUSSION
Julius Guay was retained by the Beverly Hills Police Department as a consultant and facilitator for daily operational technologies as well as organization and streamlining the Department’s many software platforms. These platforms are utilized on a daily basis by sworn and civilian personnel. He continues to be instrumental by fine-tuning of the Real Time Watch Center (RTWC) operations and automating many of the reports and data used by the crime analyst to direct daily missions of our Virtual Patrol Officers (VPO’s) and drone pilots. Mr. Guay’s prior experience as an LAPD detective lieutenant as well as his experience in the U.S. Army have also been valuable by providing insight and perspectives towards a more efficient RTWC. The increased necessity for consulting services has resulted in a need to encumber additional funds in the current purchase order to continue services through the end of the Fiscal Year 2022/2023.
FISCAL IMPACT
Funds for this change purchase order have been identified in the Department’s operational budget for Patrol Operations (Org/Object 00102301-731220) for Fiscal Year 2022/2023 in the amount of $70,000 for a total not to exceed amount of $170,000.
Mark Stainbrook,
Chief of Police
Approved By
Attachment 1
B0785-0001\2750253v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
JULIUS J. GUAY, PHD FOR REAL TIME WATCH CENTER
PROJECT MANAGEMENT AND AS NEEDED CONSULTING
SERVICES
NAME OF CONSULTANT: Julius J. Guay, PhD
RESPONSIBLE PRINCIPAL OF CONSULTANT: Julius J. Guay, PhD, Owner CONSULTANT’S ADDRESS: 835 Costa Brava Circle
Corona, CA 92873
Attention: Julius J. Guay, PhD
CONSULTANT’S E.I.N./TAX I.D. NO.: N/A
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Police Chief
COMMENCEMENT DATE: November 21, 2022
TERMINATION DATE: June 30, 2023, unless extended pursuant to Section 2
CONSIDERATION: Not to exceed $100,000 per fiscal year
based on the rates set forth in Exhibit B,
Total Not to Exceed: $300,000.00 if
extended pursuant to Section 2
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 766-22
B0785-0001\2750253v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
JULIUS J. GUAY, PHD FOR REAL TIME WATCH CENTER
PROJECT MANAGEMENT AND AS NEEDED CONSULTING
SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Julius J. Guay, PhD, (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 Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. 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 on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
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.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
3 (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 on the cover page 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.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
4 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 as required by the state of California 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) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and 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 the CITY 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 the CITY 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.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
5 (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) 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 for no reason upon five calendar days’ 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.
Section 14. CITY’s Responsibility. 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.
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 DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
6 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 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.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
7 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
GEORGE CHAVEZ
City Manager
CONSULTANT:
JULIUS J. GUAY, PHD
Owner
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ _________________________
LAURENCE S. WIENER MARK STAINBROOK
City Attorney Police Chief
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 15th December 22
8 B0785-0001\2750253v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide project consulting services (hereinafter referred to as “Services”) related to CITY’s Public Safety Technology Initiative – Police Real Time Watch Center (hereinafter referred to as “RTWC”). These services shall include project management; design and implementation of systems; space and procedures; as well as project coordination for the RTWC.
CONSULTANT shall provide the Services as directed by CITY on an as-needed basis.
The Services shall include the following:
A. Public Safety Systems Consulting and Project Management
1. Ensure alignment, coordination and delivery of desired outcomes across all activities related to the RTWC
2. Develop and improve requirements to ensure optimal use of existing and future systems
3. Create an established workflow and process for information gathered by the RTWC and how best to provide the information to other divisions in CITY’s Police Department
4. Implement daily crime briefings and missions for CITY’s Police Department Patrol Bureau
5. Coordinate technology review as well as Request for Information and Proposal processes which ensure vendor selection and agreeements align with current and future phase goals and outcomes for the RTWC
6. Provide status and periodic report-out to CITY’s Chief Information Officer, Police Chief and RTWC steering committee
7. Enhance coordination with outside agencies to ensure optimal information sharing B. Consulting Services to Support Adoption, Sustainment and Future Phase Readiness
1. Engage and integrate best practices and lessons learned by other real-time center implementations.
2. Develop processes and procedures for the RTWC; ensure optimal use and information flow across existing systems; personnel assigned; and divisions in CITY’s Police Department
3. Capture and refine future RTWC phase concepts and requirements 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 DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
9 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.
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.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
10 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.
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: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 B0785-0001\2750253v2.doc
11 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in Exhibit A at the rate of One Hundred Forty-Two Dollars ($142.00) per hour, which shall include all all taxes, labor, packaging, travel, shipping, expenses, and reimbursable expenses in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) per fiscal year for a totat not to exceed amount of Three Hundred Thousand Dollars ($300,000.00) for the term of this Agreement, if extended.
CONSULTANT 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 CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7
EXHIBIT C
B0785-0001\2750253v2.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
CONSULTANT'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: CONSULTANT 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 CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT 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: 4ADE3DFF-5C9A-4438-BD53-66A5A36153F7 Certificate Of Completion
Envelope Id: 4ADE3DFF5C9A4438BD5366A5A36153F7 Status: Completed Subject: Complete with DocuSign: CLEAN Agreement - JULIUS J. GUAY PHD (Real Time Watch Center) (1).pdf Source Envelope:
Document Pages: 12 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 1 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
12/12/2022 11:46:37 AM
Holder: Maria Lara
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Julius J. Guay
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.243.150.82
Signed using mobile
Sent: 12/12/2022 11:55:34 AM
Viewed: 12/12/2022 12:35:38 PM
Signed: 12/12/2022 12:35:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Stainbrook
[email protected]
Chief
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.168
Sent: 12/12/2022 12:35:59 PM
Viewed: 12/12/2022 2:57:12 PM
Signed: 12/12/2022 2:57:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.91.169.172
Signed using mobile
Sent: 12/12/2022 2:57:22 PM
Viewed: 12/12/2022 3:20:52 PM
Signed: 12/12/2022 3:21:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/12/2022 2:57:22 PM
Viewed: 12/12/2022 5:12:09 PM
Signed: 12/12/2022 5:12:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 12/12/2022 5:12:16 PM
Resent: 12/12/2022 8:52:53 PM
Resent: 12/13/2022 10:21:10 AM
Resent: 12/13/2022 4:00:26 PM
Viewed: 12/13/2022 4:05:58 PM
Signed: 12/13/2022 4:15:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 76.95.192.176
Signed using mobile
Sent: 12/13/2022 4:15:16 PM
Resent: 12/13/2022 8:07:32 PM
Resent: 12/14/2022 10:30:02 AM
Viewed: 12/15/2022 6:50:05 AM
Signed: 12/15/2022 6:52:18 AM
Electronic Record and Signature Disclosure:
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Envelope Sent Hashed/Encrypted 12/12/2022 11:55:34 AM
Envelope Updated Security Checked 12/13/2022 10:21:10 AM Envelope Updated Security Checked 12/13/2022 10:21:10 AM Envelope Updated Security Checked 12/13/2022 4:13:22 PM Certified Delivered Security Checked 12/15/2022 6:50:05 AM Signing Complete Security Checked 12/15/2022 6:52:18 AM Completed Security Checked 12/15/2022 6:52:18 AM
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Attachment 2
1 B0785-0001\2798097v2.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND JULIUS J. GUAY, PHD FOR REAL
TIME WATCH CENTER PROJECT MANAGEMENT AND AS
NEEDED CONSULTING SERVICES
NAME OF CONSULTANT: Julius J. Guay, PhD
RESPONSIBLE PRINCIPAL Julius J. Guay, PhD, Owner
OF CONSULTANT:
CONSULTANT'S ADDRESS: 835 Costa Brava Circle
Corona, CA 92873
Attention: Julius, J. Guay, PhD
CONSULTANT’S E.I.N./TAX I.D. NO.: Not Applicable
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Police Chief
COMMENCEMENT DATE: November 21, 2022
TERMINATION DATE: June 30, 2025
CONSIDERATION: Original Agreement:
Not to Exceed $100,000 per fiscal year based on
the rates set forth in Exhibit B,
Amendment No. 1:
Not to Exceed $70,000.00
Total Not to Exceed:
$370,000.00 (for any and all fiscal years that the
Agreement remains in effect)
DocuSign Envelope ID: 9E47E205-E42F-4EB2-9980-4BFE9FC5F60C 2 B0785-0001\2798097v2.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND JULIUS J. GUAY, PHD FOR REAL
TIME WATCH CENTER PROJECT MANAGEMENT AND AS
NEEDED CONSULTING SERVICES
This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Julius J. Guay, PhD (hereinafter called "CONSULTANT") dated December 15, 2022, and identified as Contract No. 766-22 (“Agreement”), a copy of which is on file in the City Clerk’s office.
RECITALS
A. CITY and CONSULTANT entered into an Agreement for Real Time Watch Center Project Management and as Needed Consulting Services.
B. CITY and CONSULTANT desire to amend the Agreement to increase the Consideration to compensate CONSULTANT for additional services required by CITY.
NOW, THEREFORE, the parties agree as follows:
Section 1. The CONSIDERATION is hereby amended as set forth on the cover page.
Section 2. Exhibit B “Schedule of Payment and Rates” is hereby amended and restated as attached hereto.
Section 3. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 9E47E205-E42F-4EB2-9980-4BFE9FC5F60C 3 B0785-0001\2798097v2.doc
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Julius J. Guay, PhD
JULIUS J. GUAY, PhD
Owner
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
MARK G. STAINBROOK
Chief of Police
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 9E47E205-E42F-4EB2-9980-4BFE9FC5F60C 4 B0785-0001\2798097v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in Exhibit A at the rate of One Hundred Forty-Two Dollars ($142.00) per hour, which shall include all all taxes, labor, packaging, travel, shipping, expenses, and reimbursable expenses in an amount total not to exceed amount of Three Hundred Seventy Thousand Dollars ($370,000.00) for the term of this Agreement.
CONSULTANT 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 CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 9E47E205-E42F-4EB2-9980-4BFE9FC5F60C Certificate Of Completion
Envelope Id: 9E47E205E42F4EB299804BFE9FC5F60C Status: Sent Subject: Complete with DocuSign: CLEAN - Amendment No. 1 to Dr. Julius J. Guay Agreement.pdf Source Envelope:
Document Pages: 4 Signatures: 4 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
5/11/2023 11:35:14 AM
Holder: Maria Lara
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Julius J. Guay
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.175
Sent: 5/11/2023 11:51:40 AM
Viewed: 5/11/2023 11:54:31 AM
Signed: 5/11/2023 11:55:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Stainbrook
[email protected]
Chief
Beverly Hills Police Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.137.163.42
Signed using mobile
Sent: 5/11/2023 11:55:01 AM
Resent: 5/11/2023 1:12:30 PM
Viewed: 5/11/2023 1:13:02 PM
Signed: 5/11/2023 1:13:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.199.97.57
Signed using mobile
Sent: 5/11/2023 1:13:21 PM
Resent: 5/11/2023 1:16:45 PM
Resent: 5/11/2023 1:40:15 PM
Viewed: 5/11/2023 2:07:26 PM
Signed: 5/11/2023 2:07:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.90.225.164
Signed using mobile
Sent: 5/11/2023 1:13:21 PM
Resent: 5/11/2023 1:16:45 PM
Resent: 5/11/2023 1:40:15 PM
Viewed: 5/11/2023 1:46:31 PM
Signed: 5/11/2023 1:46:48 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/11/2023 2:07:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Dorina Mohan
[email protected]
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(None)
Electronic Record and Signature Disclosure:
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Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Michelle Ramos-Vergara
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael Dunn
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/11/2023 11:51:40 AM
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