AGENDA REPORT
Meeting Date: January 23, 2024
Item Number:
To: Honorable Mayor & City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Subject: A. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND COVERED 6 LLC|DGP INTERNATIONAL FOR ARMED
UNIFORMED SECURITY SERVICES; AND
APPROVAL OF FISCAL YEAR 2023-2024 PURCHASE
ORDER IN THE NOT-TO-EXCEED AMOUNT OF $2,321,719
FOR THESE SERVICES
B. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND NASTEC INTERNATIONAL, INC. FOR ARMED
UNIFORMED SECURITY SERVICES; AND
APPROVAL OF VARIOUS CITYWIDE FISCAL YEAR 2023-
2024 PURCHASE ORDERS IN THE NOT-TO-EXCEED
AMOUNT OF $124,000 FOR THESE SERVICES
Attachments: 1. Agreement – Covered 6
2. Agreement - Nastec
RECOMMENDATION
Staff recommends the City Council:
1) Approve an Agreement to Covered 6 LLC|DGP International (“Covered 6”) for armed uniformed security services (Attachment 1);
2) Approve a blanket purchase order for Fiscal Year 2023-2024 (“FY 23-24”) for Covered 6 in the not-to-exceed amount of $2,321,719;
3) Approve an Agreement to Nastec International, Inc. (“Nastec”) for armed uniformed security services (Attachment 2); and
4) Approve a blanket purchase order for FY 23-24 for Nastec in the not-to-exceed amount of $124,000.
Meeting Date: January 23, 2024
INTRODUCTION
On August 1, 2023, the City released a request for proposals (“RFP”) for professional armed security services for supplemental security patrol of the City; armed security services for City Hall which includes monitoring the metal detector and bag check for visitors to City Hall; and virtual patrol officers for the City’s Real Time Watch Center.
After reviewing the 22 responses received by the proposal due date of September 15, 2023, and conducting oral interviews with the top seven companies, staff recommends the City Council award a five-year agreement to Covered 6 for supplemental security patrol of the City and for virtual patrol officers of the City’s Real Time Watch Center. Staff also recommends the City Council award a five-year agreement to Nastec for armed security services for City Hall and as needed armed security services.
DISCUSSION
On August 1, 2023, staff in the Policy & Management Department released RFP-23-010- 04 for professional armed security services for supplemental security patrol of the City, armed security services for City Hall, and virtual patrol officers for the City’s Real Time Watch Center with a closing date of September 15, 2023. The RFP was issued through PlanetBids where 162 companies were notified the City was seeking a contractor to provide armed security services.
The City received 22 responses to the RFP by the September 15, 2023 due date. An evaluation committee with staff from the Policy & Management Department was formed for the initial review of the 22 proposals. The responses were evaluated using the following criteria:
• Firm experience and qualifications
• Personnel experience and qualifications
• Thoroughness of the proposal
• Ability to perform services
In order to move on to the next phase of the evaluation process, companies needed to score 80 points or higher on the evaluation of their written proposal. Seven companies met this requirement and were invited to participate in an oral interview on November 28, 2023.
The oral interview committee consisted of one representative from the Beverly Hills Unified School District, one representative from the Police Department, and one representative from the Community Service Department. Each company was evaluated on the following criteria:
• Training
• Staff and personnel
• Ability to perform services
• Overall fit
After the evaluation was completed, staff then factored in the cost of services submitted by the seven companies. The combined scored for the written evaluation, oral interview process, and cost for providing services created the final ranking for each company with Covered 6 and Nastec receiving the two highest scores.
After careful consideration, staff is recommending the City Council award one, five-year agreement to Covered 6 for supplemental security patrol of the City and virtual patrol Meeting Date: January 23, 2024
officers for the City’s Real Time Watch Center. Staff is also recommending the City Council award one, five-year agreement to Nastec for armed security services for City Hall and as needed armed security services.
FISCAL IMPACT
Funds for these agreements for FY 23-24 are available in the Policy & Management and Police Department budgets. Each agreement has language in Exhibit B -Schedule and Fees allowing for cost increases related to the consumer price index with a limit on that increase. Should funding be needed by either Policy & Management or the Police Department in future years to cover these cost increases, a budget enhancement request will be made to the City Council for their consideration.
Staff is requesting the City Council approve a FY 23-24 purchase order for Covered 6 in the amount of $2,321,719 utilizing the Police Department’s budget (00102301-731230- PATRL $2,105,316 and 00102301-731230-RTWC $216,403).
Additionally, staff is requesting the City Council approve a purchase order for Nastec in the amount of $124,000 utilizing the Policy & Management Department’s budget (48000101-7312300-CHD).
Mark Stainbrook
Police Chief
Keith Sterling
Deputy City Manager
Concurred by Approved By
Attachment 1
1 B0785-0001\2911083v4.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND COVERED 6 LLC|DGP INTERNATIONAL FOR
ARMED UNIFORMED SECURITY SERVICES
NAME OF CONTRACTOR: Covered 6 LLC|DGP International
RESPONSIBLE PRINCIPAL OF
CONTRACTOR:
Michael Grant, Chief Operations Officer
CONTRACTOR'S ADDRESS: 868 Patriot Drive, Unit C
Moorpark, CA 93021
Santa Monica, CA 90403
Attention: Michael Grant, Chief Operations Officer
CONTRACTOR’S E.I.N./TAX I.D. NO.: 800658947
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Chief of Police
COMMENCEMENT DATE: March 1, 2024
TERMINATION DATE: June 30, 2029
CONSIDERATION: Not to exceed the amount set forth in CITY authorized purchase orders
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
COVERED 6 LLC|DGP INTERNATIONAL FOR ARMED
UNIFORMED SECURITY SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Covered 6 LLC|DGP International (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.
Section 3. Compensation.
(a) Compensation
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. (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 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.
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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.
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 Ten Million Dollars ($10,000,000) 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.
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(3) Workers’ compensation insurance as required by the State of California.
(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 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.
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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.
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 DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA 6 B0785-0001\2911083v4.doc
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 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.
Signatures Next Page
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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
CONTRACTOR:
MICHAEL GRANT
Chief Operations Officer
CHRIS DUNN
Chief Executive Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
MARK STAINBROOK
Police Chief
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA 8 B0785-0001\2911083v4.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall provide armed uniformed security services throughout the CITY as directed by CITY’s Police Department. These services include patrolling CITY, foot beat assignments, and/or fixed post assignments. CONTRACTOR shall provide marked vehicles for armed uniformed security officers and supervisors.
CONTRACTOR shall provide armed uniformed security officers and supervisors to fill shifts as requested by CITY’s Police Department. The requested shifts may occur for any time period 24- hours a day, seven-days a week, 365 days a year. The area for patrol, foot beat assignments, and/or fixed post assignments shall be determined solely at the discretion of the CITY’s Police Department and shall be communicated to CONTRACTOR in writing one week prior to the requested services being provided when CITY is able to provide such prior notification.
Upon twenty-four (24) hour notice from CITY, CONTRACTOR shall provide up to twenty (20) armed uniformed officers for unforeseen emergency events such as protest activities.
CONTRACTOR shall provide two (2) dedicated sport utility vehicles (“SUV”) for patrol, which shall be dedicated to CITY and to the mission of CITY’s Police Department.
Should CITY require additional armed uniformed security officers, up to twenty (20), then additional vehicles shall be provided by CONTRACTOR at the Marked Patrol Vehicle – Day Rate for Special Call Out Vehicles identified in Exhibit B.
On occasion, armed uniformed security officers may be called on to support law enforcement personnel during scheduled and unscheduled protests or civil unrest activity. CONTRACTOR may be required to assist with:
a. Custody of prisoners;
b. Transport of prisoners;
c. City building or critical site security;
d. Direct support for law enforcement operations; and
e. Potential for direct involvement with protestors or counter protestors based on evolving circumstances.
In the event an armed uniformed security officer is unable to perform his/her/their duties during a shift due to illness, injury, or other reasons, CONTRACTOR shall provide a replacement armed uniformed security officer within one (1) hour from the time the post is vacated.
The armed uniformed security officer’s primary duty is to observe and report. The duties and responsibilities of uniformed armed security officers shall include, but not be limited to, the following:
a) Maintain a high level of visibility at all times as a deterrent. b) Interact with all visitors in a respectful, courteous, and dignified manner. c) Observe and enforce CITY’s “No Smoking” rule, which prohibits smoking in CITY unless actively traveling on a public right of way.
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d) Inform relief armed uniformed security officers of any special situations or instructions prior to vacating post.
e) Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited. CONTRACTOR must obtain CITY’s written permission prior to issuing body cameras to armed uniformed security officers. Future considerations for wearing body cameras by CONTRACTOR’s armed uniformed security officers must be mutually agreed upon in writing by both parties prior to implementing such technology. f) Limit telephone calls to business or personal emergencies. g) Comply with federal, state and local laws as well as all CITY policies, procedures, and conditions.
CONTRACTOR shall ensure:
a) Armed uniformed security officers are fully aware of the political sensitivities that exist in a municipal government.
CONTRACTOR’s armed uniformed security officers shall not:
a) Use or possess illegal substances on or off duty.
b) Possess or use alcohol, or marijuana on the job. Armed uniformed security officers under the influence of alcohol or marijuana while on duty will be promptly dismissed and the security guard shall not be reassigned to any other duty being performed by CONTRACTOR for CITY.
c) Engage in excessive fraternizing with CITY staff, visitors, or clients. d) Read books, magazines, or newspapers while on duty, including electronic versions of these items.
e) Accept any gifts or gratuities from CITY staff, clients, members of the community, or visitors.
f) Smoke or use tobacco while on the job as these products are prohibited from use in CITY.
CITY may request CONTRACTOR and all employees sign a non-disclosure agreement prior to performing the duties outlined above. If CITY makes such a request, CONTRACTOR and all employees will be given a reasonable period of time to sign such a non-disclosure agreement. CITY may suspend the Agreement until such nondisclosure agreements are executed.
Virtual Patrol Officer for CITY
CONTRACTOR shall provide CITY with two (2) virtual patrol officers. There will be three (3) shifts each day with each shift being eight (8) hours such that virtual patrol officers are present twentyfour (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year for CITY’s Virtual Patrol Officer Program.
Virtual Patrol Officers will perform Virtual Patrol in a secure facility where the Virtual Patrol Officers will observe general monitoring systems. This includes monitoring closed circuit television (CCTV) cameras and other types of visual media used by City’s Police Department to detect suspicious activities in CITY, assist with law enforcement investigations, and assist in directing emergency personnel within CITY as directed by CITY’s Police Department personnel.
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The Virtual Patrol Program will be under the direction of CITY’s Police Department, with the Virtual Patrol Officers reporting directly to CITY’s Police Department Watch Commander in charge.
Training on the use of the equipment shall be provided by CITY.
CONTRACTOR’s Virtual Patrol Officers shall not:
a. Use or possess illegal substances on or off duty.
b. Possess or use alcohol, or marijuana on the job. Virtual Patrol Officers under the influence of alcohol or marijuana while on duty will be promptly dismissed and the Virtual Patrol Officer shall not be reassigned to any other duty being performed by CONTRACTOR for CITY.
c. Engage in excessive fraternizing with CITY staff, visitors, or clients. d. Read books, magazines, or newspapers while on duty.
e. Accept any gifts or gratuities from CITY staff, clients, or visitors. f. Use personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited. g. Smoke or use tobacco while on the job as these products are prohibited from use in CITY.
Security Operations Services for City Hall
CITY may request CONTRACTOR provide security operations for City Hall. CITY shall provide written notification to CONTRACTOR prior to such work beginning.
When requested by CITY, CONTRACTOR shall provide two (2) armed uniformed security officers assigned to City Hall, located at 455 North Rexford Drive, Beverly Hills, California 90210 Monday through Thursday 7:30 A.M. to 5:30 P.M. and Friday 8:00 A.M. to 5:00 P.M. to operate CITY’s metal detector located at the main entrance in compliance with CITY’s Metal Detector Standard Operating Procedures. CONTRACTOR shall provide all training to CONTRACTOR’s employees to ensure the metal detector is operated in accordance to manufacturer’s specified guidelines.
At the written request of CITY, CONTRACTOR shall provide additional coverage and operation of the metal detector for CITY events that occur outside of normal business hours, including but not limited to:
City Council Meetings
Commission Meetings
Town Hall Meetings
Special events scheduled in the CITY’s Municipal Gallery located on the 2 nd floor of City
Hall.
CONTRACTOR’s armed uniformed security officers shall:
a. Screen visitors using CITY’s metal detector and perform a search of all bags to locate and remove any and all weapons and/or other prohibited materials prior to the visitor’s entry into City Hall in accordance with the CITY’s Metal Detector Standard Operating Procedures
b. Enforce the rule forbidding weapons and/or prohibited items from being brought into City Hall in accordance with CITY’s Metal Detector Standard Operating Procedures. c. If contraband or weapons are discovered during an initial search or screening for weapons, then the armed uniformed security officer shall follow procedures outlined in the CITY’s Metal Detector Standard Operating Procedures.
d. Maintain a high level of visibility at all times as a deterrent. e. Interact with all clients and visitors in a respectful, courteous, and dignified manner.
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f. Greet the public and answer simple/basic questions. Questions beyond that of a simple/basic nature should be referred to the City Hall Park Ranger. g. Greet and question unescorted visitors who may be in unauthorized areas. h. Keep entrance screening area (including desk and chairs) free of clutter at all times. i. Observe and enforce CITY’s “No Smoking” rule, which prohibits smoking in CITY unless actively traveling on a public right of way.
j. Inform relief armed uniform security officers of any special situations or instructions prior to vacating post.
k. Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited.
l. Limit telephone calls to business or personal emergencies. m. Assist CITY employees with de-escalation of arguments or disturbances with the public, whether it be inside or outside City Hall.
(1) Threatening situations shall be reported immediately to CITY’s Police Department by calling 9-1-1
n. Armed uniform security officers may be asked by CITY staff to assist with a difficult client or to escort individuals to their vehicles
(1) Armed uniformed security officers who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility o. Armed uniformed security officers may be asked to escort CITY staff to their vehicles (1) Armed security guards who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility
p. Report any unattended suspicious packages to 9-1-1 immediately and ensure no one enters the area of the suspicious package. The armed uniform security officer shall gather as much information as possible (such as time, names, location, statements from witnesses), and convey this information immediately to CITY’s Police Department. If an evacuation is ordered, the armed uniformed security officer(s) shall assist with the evacuation of all building occupants in an orderly and safe manner. (1) The armed uniformed security officer shall alert CITY’s Police Department Dispatch (9-1-1) if anything is suspicious or out of place that has been observed. If a suspicious object is located, the security guard shall take the following additional precautions:
(a) Do not touch, move, or disturb the object;
(b) Do not use a pager, radio or cellular phone near the suspicious object, since these may detonate some explosive devices. Exercise caution and advise others not to use pagers, radios or cellular phones near the object; (c) Get a detailed description of the object, including but not limited to the shape, size, height, width, color, and any visible markings;
(d) Note the exact location of the object, including but not limited to floor number, room number, location within the room;
(e) Cordon off the area and deny re-entry; and
(f) If requested by the 9-1-1 operator, and/or the local authorities, begin clearing all persons from the immediate vicinity in a safe and orderly manner.
CITY, at its sole discretion, may provide other direction for coverage on an as needed basis.
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Training
The armed uniformed security officers assigned to CITY shall have completed the required mandatory 40-hour skills training course and elective eight-hour Certification Course in Firearms Training as regulated by the State of California Bureau of Security and Investigative Services (BSIS), Division 7 of Title 16 of the California Code of Regulations, Article 9, Skills Training Course for Security Guards.
Upon award of the Agreement to CONTRACTOR, all armed uniformed security officers assigned to CITY will undergo an additional 24 hours of advanced patrol training, arrest and control techniques, advanced firearms and tactics training. This training will be completed annually with costs associated with the training being paid for by CONTRACTOR.
CONTRACTOR shall provide written proof to CITY of an armed uniformed security officer’s certificate of completion (or evidence of completion of the required hours as set forth in the above paragraph) of the mandatory and elective training administered by a private patrol operator or by a certified training facility.
CITY shall provide the initial training on the use of the walk-through metal detector machine as needed. CONTRACTOR shall be responsible for all subsequent trainings on the use of this equipment to all assigned armed uniformed security officers prior to their reporting to duty at City Hall.
Additional replacement or relief armed uniformed security officers provided by CONTRACTOR shall be of the same caliber and possess the same training as the regularly assigned armed uniformed security officer(s).
All relief armed uniformed security officers (covering for vacations, sick leave, or other absences) shall be trained and familiar with the procedures, duties and responsibilities required of the regularly scheduled armed uniformed security officer(s).
CITY may require additional training during the term of the Agreement. This may include, but not be limited to, mobile field force, active shooter training, and disaster emergency response. At CITY’s sole discretion, CITY may request CONTRACTOR provide this training to their staff at no additional cost to CITY or CITY may provide this training. If CITY provides the training using CITY staff, there will be no cost to CONTRACTOR. If CITY hires an outside company to provide this training, then CITY, at its sole discretion, may require CONTRACTOR to cover any associated costs.
Uniforms and Equipment
Uniforms are to be neat, clean, pressed, and lint free. Uniforms are to include dress or leather work shoes that are clean, in good repair and color coordinated with the uniform. NO tennis or athletic shoes are permitted.
Armed uniformed security officers shall be easily identifiable as non-CITY employees and are to wear, at all times, a company name badge or patch and a name plate securely fastened and worn in full view to be seen at a minimum view of three feet. CONTRACTOR shall not use the CITY’s likeness (e.g. the Beverly Hills Shield) for identification without the prior written approval of CITY by entering into a separate license agreement with CITY.
DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA 13 B0785-0001\2911083v4.doc
Armed uniformed security officers are required to carry handguns. Armed uniformed security officers shall carry alternative defensive weapons, which can include batons, and/or mace.
CONTRACTOR shall provide armed uniformed security officers with two-way communication devices, such as radios, for use while on post. The devices must be approved by the CITY’s Police Department in writing. Additionally, CITY may issue a CITY police radio to armed uniformed security officers at the sole discretion of CITY. The issued item must be returned to CITY’s Police Department upon completion of the work shift by the armed uniformed security officer the radio was issued to. CONTRACTOR shall incur the actual cost of any CITY equipment used by CONTRACTOR personnel that is lost, damaged, or not returned to CITY.
Complaints
CONTRACTOR shall investigate any complaint lodged against their employees and shall notify CITY immediately in writing of any such complaint(s). Complaints may be generated by the public or CITY staff. CITY may also choose to investigate complaints lodged against CONTRACTOR’s employees in the performance of their duties while assigned to work for CITY.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA 14 B0785-0001\2911083v4.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in the not to exceed amount set forth in CITY authorized purchase orders at the rates set forth in this Exhibit B.
The rates below cover the armed guard’s wages, equipment, training, benefits, insurance, applicable certifications, and applicable taxes as well as the cost of the marked patrol vehicles, which includes fuel.
Type of Service Rates
Armed Uniformed Security Supervisor $70 / Hour
Armed Uniformed Security Officer (This is a per person cost) $62 / Hour Liaison at City Established Field Command Post – Uniformed Armed Supervisor $70 / Hour Liaison at City Established Field Command Post – Uniformed Armed Security Officer
$62 / Hour
Overtime * - Armed Uniformed Security Supervisor $73.20 / Hour Overtime* - Armed Uniformed Security Officer $64.05 / Hour Marked Security Vehicle
(Includes cleaning, maintenance, and fuel)
$2,700 / Month
Marked Security Vehicle for Special Assignments or Emergency Requests (Includes cleaning and maintenance, fuel billed at market price) $53 / Day
Virtual Patrol Officer $51 / Hour
Overtime** - Virtual Patrol Officer $54.90 / Hour
Armed Uniformed Security Supervisor – City Hall $70 / Hour Armed Uniformed Security Officer – City Hall $62 / Hour Overtime * - Armed Uniformed Security Supervisor – City Hall $73.20 / Hour Overtime* - Uniformed Armed Security Officer – City Hall $64.05 / Hour DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA 15 B0785-0001\2911083v4.doc
Beginning on January 2, 2025, and occurring on the same date of each year thereafter until the expiration of the term or earlier termination of this Agreement, the rates listed in this Exhibit shall increase by the lesser of (i) five percent (5%) or (ii) the annual Los Angeles County Consumer Price Index for the month of December when compared to the prior year (e.g. the price increase for January 2, 2025 would use the Los Angelese Consumber Price Index for December 2024) CONTRACTOR may request in writing to CITY, subject to CITY’s written approval, an increase higher than (i) five percent (5%) or (ii) the annual Los Angeles County Consumer Price Index for the month of December solely for marked security vehicles when fuel costs exceed the annual increases mentioned above. CITY, at its sole discretion, may authorize this increase; however, CITY is not obligated to honor such request by CONTRACTOR. *Note: All overtime ust bem approved in writing by CITY or the CITY’s Watch Commander prior to billing.
** Holidays shall be invoiced at the above listed overtime rats. Holidays include:
1. New Years Day
2. Marint Luther King Day
3. President’s Day
4. Memorial Day
5. July 4th
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas Day
CITY understands and agrees that due to California Labor Law, the unarmed officers shall be provided the following breaks:
Two (2) ten (10) minute breaks per shift
One (1) thirty (30) minute breaks per shift
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.
DocuSign Envelope ID: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA B0785-0001\2911083v4.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: 6AE5A1AD-9CED-4201-A1B4-5C4D59ADBBAA Certificate Of Completion
Envelope Id: 6AE5A1AD9CED4201A1B45C4D59ADBBAA Status: Sent Subject: Please DocuSign Agreement - Covered 6 (2024-2029) Source Envelope:
Document Pages: 16 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Shani Parker
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: 208.87.233.201
Record Tracking
Status: Original
1/18/2024 11:21:18 AM
Holder: Shani Parker
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Michael Grant
[email protected]
Chief Operations Officer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 209.198.213.50
Signed using mobile
Sent: 1/18/2024 11:39:50 AM
Resent: 1/18/2024 3:25:42 PM
Viewed: 1/18/2024 3:30:01 PM
Signed: 1/18/2024 3:30:16 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Dunn
[email protected]
Founder and Principal
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 209.198.213.50
Sent: 1/18/2024 3:30:17 PM
Viewed: 1/18/2024 3:30:32 PM
Signed: 1/18/2024 3:30:38 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: 107.127.56.13
Signed using mobile
Sent: 1/18/2024 3:30:41 PM
Viewed: 1/18/2024 5:40:26 PM
Signed: 1/18/2024 5:40:44 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: 1/18/2024 5:40:47 PM
Resent: 1/19/2024 7:55:12 AM
Viewed: 1/19/2024 9:13:17 AM
Signed: 1/19/2024 9:13:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Mark Stainbrook
[email protected]
Chief
Beverly Hills Police Department
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.159.37.144
Signed using mobile
Sent: 1/19/2024 9:13:32 AM
Viewed: 1/19/2024 9:54:58 AM
Signed: 1/19/2024 9:55:15 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 1/19/2024 9:55:16 AM
Viewed: 1/19/2024 9:56:58 AM
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:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Shani Parker
[email protected]
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 1/18/2024 5:40:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Jill Doohen
[email protected]
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 1/18/2024 5:40:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michelle Ramos-Vergara
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/18/2024 11:39:50 AM
Payment Events Status Timestamps
Attachment 2
1 B0785-0001\2911937v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND NASTEC INTERNATIONAL, INC. FOR ARMED
UNIFORMED SECURITY SERVICES
NAME OF CONTRACTOR: Nastec International, Inc.
RESPONSIBLE PRINCIPAL OF
CONTRACTOR:
Rick Curiel, Director of Operations
CONTRACTOR'S ADDRESS: 23875 Ventura Boulevard, Suite 204 Calabasas, CA 91302
Attention: Rick Curiel, Director of Operations
CONTRACTOR’S E.I.N./TAX I.D. NO.: 95-4485724
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Chief of Police
COMMENCEMENT DATE: March 1, 2024
TERMINATION DATE: June 30, 2029
CONSIDERATION: Not to exceed the amount set forth in CITY authorized purchase orders
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 2 B0785-0001\2911937v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
NASTEC INTERNATIONAL, INC. FOR ARMED UNIFORMED
SECURITY SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Nastec International, Inc. (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.
Section 3. Compensation.
(a) Compensation
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. (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 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.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 3 B0785-0001\2911937v2.doc
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.
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 Ten Million Dollars ($10,000,000) 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.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 4 B0785-0001\2911937v2.doc
(3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its subcontractors 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 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.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 5 B0785-0001\2911937v2.doc
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.
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 DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 6 B0785-0001\2911937v2.doc
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 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.
Signatures Next Page
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 7 B0785-0001\2911937v2.doc
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
CONTRACTOR:
RICK CURIEL
Director of Operations
SHIRAYA HONIG
Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
MARK STAINBROOK
Police Chief
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 8 B0785-0001\2911937v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall provide:
Security Operations Services for City Hall
CITY may request CONTRACTOR to provide security operations for City Hall. CITY shall provide written notification to CONTRACTOR prior to such work beginning.
When requested by CITY, CONTRACTOR shall provide two (2) armed uniformed security officers assigned to City Hall, located at 455 North Rexford Drive, Beverly Hills, California 90210 Monday through Thursday 7:30 A.M. to 5:30 P.M. and Friday 8:00 A.M. to 5:00 P.M. to operate CITY’s metal detector located at the main entrance in compliance with CITY’s Metal Detector Standard Operating Procedures. CONTRACTOR shall provide all training to CONTRACTOR’s employees to ensure the metal detector is operated in accordance to manufacturer’s specified guidelines and CITY’s Metal Detector Standard Operating Procedures.
At the written request of CITY, CONTRACTOR shall provide additional coverage and operation of the metal detector for CITY events that occur outside of normal business hours, including but not limited to:
City Council Meetings
Commission Meetings
Town Hall Meetings
Special events scheduled in CITY’s Municipal Gallery located on the 2nd floor of City Hall.
CONTRACTOR’s armed uniformed security officers shall:
a. Screen visitors using CITY’s metal detector and perform a search of all bags to locate and remove any and all weapons and/or other prohibited materials prior to the visitor’s entry into City Hall in accordance with CITY’s Metal Detector Standard Operating Procedures b. Enforce the rule forbidding weapons and/or prohibited items from being brought into City Hall in accordance with CITY’s Metal Detector Standard Operating Procedures. c. If contraband or weapons are discovered during an initial search or screening for weapons, then the armed uniformed security officer shall follow procedures outlined in CITY’s Metal Detector Standard Operating Procedures.
d. Maintain a high level of visibility at all times as a deterrent. e. Interact with all clients and visitors in a respectful, courteous, and dignified manner. f. Greet the public and answer simple/basic questions. Questions beyond that of a simple/basic nature should be referred to the City Hall Park Ranger. g. Greet and question unescorted visitors who may be in unauthorized areas. h. Keep entrance screening area (including desk and chairs) free of clutter at all times. i. Observe and enforce CITY’s “No Smoking” rule, which prohibits smoking in CITY unless actively traveling on a public right of way.
j. Inform relief armed uniform security officers of any special situations or instructions prior to vacating post.
k. Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 9 B0785-0001\2911937v2.doc
video recordings) and/or the posting of any recorded material on social media is strictly prohibited.
l. Limit telephone calls to business or personal emergencies. m. Assist CITY employees with de-escalation of arguments or disturbances with the public, whether it be inside or outside City Hall.
(1) Threatening situations shall be reported immediately to CITY’s Police Department by calling 9-1-1
n. Armed uniform security officers may be asked by CITY staff to assist with a difficult client or to escort individuals to their vehicles
(1) Armed uniformed security officers who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility o. Armed uniformed security officers may be asked to escort CITY staff to their vehicles (1) Armed security guards who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility
p. Report any unattended suspicious packages to 9-1-1 immediately and ensure no one enters the area of the suspicious package. The armed uniform security officer shall gather as much information as possible (such as time, names, location, statements from witnesses), and convey this information immediately to CITY’s Police Department. If an evacuation is ordered, the armed uniformed security officer(s) shall assist with the evacuation of all building occupants in an orderly and safe manner. (1) The armed uniformed security officer shall alert CITY’s Police Department Dispatch (9-1-1) if anything is suspicious or out of place that has been observed. If a suspicious object is located, the security guard shall take the following additional precautions:
(a) Do not touch, move, or disturb the object;
(b) Do not use a pager, radio or cellular phone near the suspicious object, since these may detonate some explosive devices. Exercise caution and advise others not to use pagers, radios or cellular phones near the object; (c) Get a detailed description of the object, including but not limited to the shape, size, height, width, color, and any visible markings;
(d) Note the exact location of the object, including but not limited to floor number, room number, location within the room;
(e) Cordon off the area and deny re-entry; and
(f) If requested by the 9-1-1 operator, and/or the local authorities, begin clearing all persons from the immediate vicinity in a safe and orderly manner.
CITY, at its sole discretion, may provide other direction writing for coverage on an as needed basis.
Training
The armed uniformed security officers assigned to CITY shall have completed the required mandatory 40-hour skills training course and elective eight-hour Certification Course in Firearms Training as regulated by the State of California Bureau of Security and Investigative Services (BSIS), Division 7 of Title 16 of the California Code of Regulations, Article 9, Skills Training Course for Security Guards.
Upon award of the Agreement, all armed uniformed security officers assigned to CITY will undergo an additional 24 hours of advanced patrol training, arrest and control techniques, advanced firearms and tactics training. This training will be completed annually with costs associated with the training being paid for by CONTRACTOR.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 10 B0785-0001\2911937v2.doc
CONTRACTOR shall provide written proof to CITY of an armed uniformed security officer’s certificate of completion (or evidence of completion of the required hours as set forth in the above paragraph) of the mandatory and elective training administered by a private patrol operator or by a certified training facility.
As applicable for CITY shall provide the initial training on the use of the walk-through metal detector machine. CONTRACTOR shall be responsible for all subsequent trainings on the use of this equipment to all assigned armed uniformed security officers prior to their reporting to duty at City Hall.
Additional replacement or relief armed uniformed security officers provided by CONTRACTOR shall be of the same caliber and possess the same training as the regularly assigned armed uniformed security officer(s).
All relief armed uniformed security officers (covering for vacations, sick leave, or other absences) shall be trained and familiar with the procedures, duties and responsibilities required of the regularly scheduled armed uniformed security officer(s).
CITY may require additional training during the term of the Agreement. This may include, but not be limited to, mobile field force, active shooter training, and disaster emergency response. At CITY’s sole discretion, CITY may request CONTRACTOR provide this training to their staff at no additional cost to CITY or CITY may provide this training. If CITY provides the training with City staff, there will be no cost to CONTRACTOR. If CITY hires an outside company to provide this training, then CITY, at its sole discretion, may require CONTRACTOR to cover any associated costs.
Uniforms and Equipment
Uniforms are to be neat, clean, pressed, and lint free. Uniforms are to include dress or leather work shoes that are clean, in good repair and color coordinated with the uniform. NO tennis or athletic shoes are permitted.
Armed uniformed security officers shall be easily identifiable as non-CITY employees and are to wear, at all times, a company name badge or patch and a name plate securely fastened and worn in full view to be seen at a minimum view of three feet. CONTRACTOR shall not use CITY’s likeness (e.g. CITY Shield) for identification without prior written approval of CITY.
Armed uniformed security officers are required to carry handguns. Armed uniformed security officers shall carry alternative defensive weapons, which can include batons, and/or mace.
CONTRACTOR shall provide armed uniformed security officers with two-way communication devices, such as radios, for use while on post. The devices must be approved by CITY’s Police Department. Additionally, CITY may issue a CITY police radio to armed uniformed security officers at the sole discretion of CITY. The issued item must be returned to CITY’s Police Department upon completion of the work shift by the armed uniformed security officer the radio was issued to. CONTRACTOR shall incur the actual cost of any City equipment used by CONTRACTOR personnel that is lost, damaged, or not returned to City.
Complaints
CONTRACTOR shall investigate any complaint lodged against their employees. This complaint may be generated by the public or City staff. City may also choose to investigate complaints DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 11 B0785-0001\2911937v2.doc
lodged against CONTRACTOR’s employees in the performance of their duties while assigned to work for CITY of Beverly Hills.
As Needed Services
CITY, at its sole discretion, may request CONTRACTOR to provide the following services:
A. Community Patrol
CONTRACTOR shall provide armed uniformed security services throughout CITY as directed by CITY’s Police Department. These services include patrolling CITY, foot beat assignments, and/or fixed post assignments. CONTRACTOR shall provide marked vehicles for armed uniformed security officers and supervisors.
CONTRACTOR shall provide armed uniformed security officers and supervisors to fill shifts as requested in writing by CITY’s Police Department. The requested shifts may occur for any time period 24-hours a day, seven-days a week, 365 days a year. The area for patrol, foot beat assignments, and/or fixed post assignments shall be determined solely at the discretion of CITY’s Police Department and shall be communicated to CONTRACTOR one week prior to the requested services being provided when CITY is able to provide such prior notification.
Upon twenty-four (24) hour notice from CITY, CONTRACTOR shall provide up to twenty (20) armed uniformed officers for unforeseen emergency events such as protest activities.
CONTRACTOR shall provide two (2) dedicated sport utility vehicles (“SUV”) for patrol, which shall be dedicated to CITY and to the mission of CITY’s Police Department.
Should CITY require additional armed uniformed security officers, up to twenty (20), then additional vehicles shall be provided by CONTRACTOR at the Marked Patrol Vehicle – Day Rate for Special Call Out Vehicles identified in Exhibit B.
On occasion, armed uniformed security officers may be called on to support law enforcement personnel during scheduled and unscheduled protests or civil unrest activity.
CONTRACTOR may be required to assist with:
a. Custody of prisoners;
b. Transport of prisoners;
c. CITY building or critical site security;
d. Direct support for law enforcement operations; and
e. Potential for direct involvement with protestors or counter protestors based on evolving circumstances.
In the event an armed uniformed security officer is unable to perform his/her/their duties during a shift due to illness, injury, or other reasons, CONTRACTOR shall provide a replacement armed uniformed security officer within one (1) hour from the time the post is vacated.
The armed uniformed security officer’s primary duty is to observe and report. The duties and responsibilities of uniformed armed security officers shall include, but not be limited to, the following:
a. Maintain a high level of visibility at all times as a deterrent. b. Interact with all visitors in a respectful, courteous, and dignified manner.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 12 B0785-0001\2911937v2.doc
c. Observe and enforce CITY’s “No Smoking” rule, which prohibits smoking in CITY unless actively traveling on a public right of way.
d. Inform relief armed uniformed security officers of any special situations or instructions prior to vacating post.
e. Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited. CONTRACTOR must obtain CITY permission prior to issuing body cameras to armed uniformed security officers. Future considerations for wearing body cameras by CONTRACTOR’s armed uniformed security officers must be mutually agreed upon in writing by both parties prior to implementing such technology. f. Limit telephone calls to business or personal emergencies. g. Comply with federal, state and local laws as well as all CITY policies, procedures, and conditions.
CONTRACTOR shall ensure:
a. Armed uniformed security officers are fully aware of the political sensitivities that exist in a municipal government.
CONTRACTOR’s armed uniformed security officers shall not:
a. Use or possess illegal substances on or off duty.
b. Possess or use alcohol, or marijuana on the job. Armed uniformed security officers under the influence of alcohol or marijuana while on duty will be promptly dismissed and the security guard shall not be reassigned to any other duty being performed by CONTRACTOR for CITY.
c. Engage in excessive fraternizing with CITY staff, visitors, or clients. d. Read books, magazines, or newspapers while on duty, including electronic versions of these items.
e. Accept any gifts or gratuities from CITY staff, clients, members of the community, or visitors.
f. Smoke or use tobacco while on the job as these products are prohibited from use in Beverly Hills
CITY may request CONTRACTOR and all CONTRACTOR employees sign a nondisclosure agreement prior to performing the duties outlined above. If CITY makes such a request, CONTRACTOR and all employees will be given a reasonable period of time to sign such a non-disclosure agreement. CITY may suspend services under the Agreement until such a non-disclosure agreement is executed.
B. Virtual Patrol Officer for CITY
CONTRACTOR shall provide CITY with two (2) virtual patrol officers. There will be three (3) shifts each day with each shift being eight (8) hours such that virtual patrol officers are present twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year for CITY’s Virtual Patrol Officer Program.
Virtual Patrol Officers will perform Virtual Patrol in a secure facility where the Virtual Patrol Officers will observe general monitoring systems. This includes monitoring closed circuit television (CCTV) cameras and other types of visual media used by CITY’s Police DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 13 B0785-0001\2911937v2.doc
Department to detect suspicious activities in CITY, assist with law enforcement investigations, and assist in directing emergency personnel within Beverly Hills as directed by Beverly Hills Police Department personnel.
The Virtual Patrol Program will be under the direction of CITY’s Police Department, with the Virtual Patrol Officers reporting directly to CITY’s Police Department Watch Commander in charge.
Training on the use of the equipment shall be provided by CITY.
CONTRACTOR’s Virtual Patrol Officers shall not:
a. Use or possess illegal substances on or off duty.
b. Possess or use alcohol, or marijuana on the job. Virtual Patrol Officers under the influence of alcohol or marijuana while on duty will be promptly dismissed and the Virtual Patrol Officer shall not be reassigned to any other duty being performed by CONTRACTOR for CITY.
c. Engage in excessive fraternizing with CITY staff, visitors, or clients. d. Read books, magazines, or newspapers while on duty.
e. Accept any gifts or gratuities from CITY staff, clients, or visitors. f. Use personal cell phones or other devices to take photos or recordings while on duty or while at or on CITY property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited.
g. Smoke or use tobacco while on the job as these products are prohibited from use in Beverly Hills
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 14 B0785-0001\2911937v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in the not to exceed amount set forth in CITY authorized purchase orders at the rates set forth in this Exhibit B.
The rates below cover the armed guard’s wages, equipment, training, benefits, insurance, applicable certifications, and applicable taxes as well as the cost of the marked patrol vehicles, which includes fuel.
City Hall Services
Description Rate
Armed Supervisor Armed Security $60.00 / hour
Armed Supervisor Armed Security - Overtime $69.50 / hour Armed Uniformed Security Officer $55.00 / hour
Armed Uniformed Security Officer - Overtime $64.50 / hour Virtual Patrol Officers
Description Rate
Virtual Patrol Officer (Unarmed) $55.00 / hour
Virtual Patrol Officer (Unarmed) – Overtime $64.50 / hour Patrol Services
Description Rate
Armed Supervisor Armed Security $70.00 / hour
Armed Supervisor Armed Security - Overtime $79.00 / hour Armed Uniformed Security Officer $60.00 / hour
Armed Uniformed Security Officer - Overtime $69.50 / hour Security Vehicle $2,700 / month
Secruity Vehicle Rate can be prorated to daily rate or weekly rate depending on needs of CITY.
Beginning on January 2, 2025, and occurring on the same date of each year thereafter until the expiration of the term or earlier termination of the Agreement, the rates listed above shall increase by the lesser of (i) five percent (5%) or (ii) the annual Los Angeles County Consumer Price Index for the month of December when compared to the prior year (e.g. the price increase for January 2, 2025 would use the Los Angelese Consumber Price Index for December 2024) CONTRACTOR may request in writing to CITY, subject to the written approval of the City Manager, an increase higher than (i) five percent (5%) or (ii) the annual Los Angeles County Consumer Price Index for the month of December solely for marked security vehicles when fuel costs exceed the annual increases mentioned above. CITY, at its sole discretion, may authorize this increase in writing; however, CITY is not obligated to honor such request by CONTRACTOR. *Note: All overtime is approved by CITY or CITY’s Watch Commander prior to billing.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 15 B0785-0001\2911937v2.doc
** Holidays shall be invoiced at the above listed overtime rats. Holidays include:
1. New Years Day
2. Marint Luther King Day
3. President’s Day
4. Memorial Day
5. July 4th
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas Day
CITY understands and agrees that due to California Labor Law, the unarmed officers shall be provided the following breaks:
Two (2) ten (10) minute breaks per shift
One (1) thirty (30) minute breaks per shift
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.
DocuSign Envelope ID: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 B0785-0001\2911937v2.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: 00EC392D-630C-4EA4-99E6-8AAECA1A6AF9 Certificate Of Completion
Envelope Id: 00EC392D630C4EA499E68AAECA1A6AF9 Status: Sent Subject: Complete with DocuSign: Agreement - Nastec International, Inc. (2024-2029) (2).pdf Source Envelope:
Document Pages: 16 Signatures: 5 Envelope Originator:
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 208.87.233.201
Record Tracking
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1/18/2024 11:52:49 AM
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Rick Curiel
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Director of Operations
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Mark Stainbrook
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Chief
Beverly Hills Police Department
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Sharon L'Heureux Dressel
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Risk Manager
Sharon Dressel
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Cindy Owens
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Policy & Management Analyst
City of Beverly Hills
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Shani Parker
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City of Beverly Hills
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