Beverly Hills City Council
May 19, 2026

AGENDA REPORT
Meeting Date: May 19, 2026
Item Number:

To: Honorable Mayor & City Council
From: Adrine Ovasapyan, Deputy Director of Community Services Subject: AGREEMENT WITH THE BEVERLY HILLS UNIFIED SCHOOL

DISTRICT FOR THE PROVISION, USE AND MAINTENANCE OF

EDUCATIONAL, RECREATIONAL AND COMMUNITY FACILITIES
AND PROGRAMS FOR THE FISCAL YEARS 2026-27, 2027-28, AND 2028-29; AND

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

BEVERLY HILLS AND THE BEVERLY HILLS UNIFIED SCHOOL

DISTRICT RELATED TO DIGITAL MONITORING AND
BROADCASTING TECHNOLOGY; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$13,750,000 FOR FISCAL YEAR 2026-27, $13,000,000 FOR FISCAL YEAR 2027-28, AND $12,250,000 FOR FISCAL YEAR 2028-29 FOR

THE JOINT POWERS AGREEMENT

RECOMMENDATION
Staff recommends that the City Council approve the attached Joint Powers Agreement (JPA) between the City of Beverly Hills and the Beverly Hills Unified School District (BHUSD). The purpose of the agreement is to sustain and strengthen the City’s longstanding partnership with the School District for the shared use of District and City properties. The updated provisions and operational modifications reflect a collaborative, coordinated effort between the City and the District to more closely align the core functions of each entity, enhance interagency collaboration, and respond proactively to the evolving needs and priorities of the community, City and District as it relates to programs and digital monitoring and broadcasting technology.

INTRODUCTION
The formal framework governing this partnership is established through a JPA, which comprehensively defines the roles and responsibilities of each party, authorized uses of Attachments: Joint Powers Agreement with Memorandum of Understanding for Digital Monitoring and Broadcasting Technology
Meeting Date: May 19, 2026

District facilities, establishes protocols for digital monitoring and broadcasting technology, identifies financial and compensation structures, and provides other key operational provisions. The City of Beverly Hills and the Beverly Hills Unified School District have used the structure of Joint Power Agreements dating back to 1977 for the purpose of outlining shared use of facilities, recreational programming and technology support.

The current Joint Powers Agreement between the City and the Beverly Hills Unified School District (BHUSD) was executed in October 2023, and is scheduled to expire on June 30, 2026. Renewal discussions commenced in August 2025, and the District and City staff began working through the content of the agreement, making modifications to better align with the practices and evolving needs of both entities. As one example, the District’s grantfunded Expanded Learning Opportunities Program (ELOP) continues to grow, broadening the scope and visibility of District-led programming. This expansion, has contributed to increased public confusion, as the City and the District continued to offer two programs of a similar nature, making it increasingly difficult for community members to distinguish between the roles, responsibilities, and services provided by each entity. As a result, many residents perceive the City and the District as a single government entity rather than as separate organizations with distinct programs, functions and jurisdictions. Addressing this distinction has been an important consideration throughout the negotiation process.

Negotiations were conducted through a joint working group composed of senior staff from both organizations. The District’s team included the Superintendent, Assistant Superintendent, and members of its executive leadership team. The City was represented by the City Manager, Director of Community Services and members of its executive and management leadership team.

In late 2025, discussion around the JPA advanced in a collaborative and constructive manner, with a deliberate emphasis on clearly delineating the District’s core responsibility for educational programming and the City’s primary role in delivering recreational services.

The proposed agreement reflects a strong and productive partnership between the City and the District, grounded in shared goals and mutual respect. By clarifying roles, enhancing coordination, and building on existing successes, both parties are wellpositioned to continue delivering high-quality programs and services to the community.

This collaboration not only enhances operational effectiveness but also delivers a seamless, enriched experience for residents, ensuring the community continues to benefit from a dynamic, well-aligned system of educational and recreational opportunities citywide. Together, the City and the District are setting a high standard for interagency cooperation and long-term community investment.

DISCUSSION
The proposed Agreement includes several substantive updates and operational changes grounded in shared goals and alignment with the core functions of each entity. Key provisions are summarized below:

Addition of Shared Facilities at Beverly Hills High School The Agreement expands the list of shared facilities to include two additional venues, Peters Auditorium and Salter Theatre. Incorporating these facilities allows for expanded offerings of community theater programming and the ability to host large scale events.

Transition of State-Licensed Preschool Programs
Responsibility for the State-Licensed Preschool Program, currently administered by the City, will transition to the District in Fall 2026. The City of Beverly Hills is committed to maintaining operation of the Preschool program until BHUSD can obtain the required Meeting Date: May 19, 2026

licenses. This change is intended to streamline program administration and align preschool services with the District’s broader early childhood education framework. This will also include the transition of City preschool staff, should they be interested, to BHUSD as employees. Moving Preschool to the District will allow families to fully integrate into the school community while also providing greater continuity and consistency in instruction.

This allows teachers to be continuously looped into district trainings and professional development, and aligns curriculum planning and supports stronger instructional consistency in teaching practices, and smoother academic transitions.

Transition of Afterschool Childcare Programs and Camps to the District Under the proposed Agreement, the District will assume responsibility for several programs previously administered by the City effective August 1, 2026. This includes what has traditionally been called “Adventure Camp.” This transition will allow the existing District-run programming to expand and provide one seamless operation for the entire student body at the elementary and middle schools to participate in. The City will also transfer seasonal camps provided by City employees and contractual vendors such as Summer, Winter, and Spring Break Camps on elementary and middle school sites to the District. The City will operate single day camps at City facilities ensuring parents have a place for their students during school closures. The District will have the ability to run afterschool enrichment classes through various vendors onsite at their facilities while the City will have the opportunity to expand City and vendor-run recreational offerings at park sites and City facilities.

The City will continue to operate Adult Sports, Enrichment and Recreational classes and programs at Beverly Hills High School along with theater programs at District facilities.

Youth Sports Organization Agreements
The City will no longer coordinate youth sports facility reservations for District property; the City will continue to provide reservations for City Park space. The District will contract directly with youth sports organizations for the use of District facilities this includes Beverly Hills Basketball League, American Youth Soccer Organization (AYSO) and Beverly Hills Little League.

Aquatics
The City will continue to use the Beverly Hills High School pool for its year-round aquatics program.

Separate Agreement for Technology Services
Concurrent with the JPA, the City and the District will enter into a Memorandum of Understanding related to digital monitoring and broadcasting technology outlining the District’s responsibility around Closed-Circuit Television (CCTV), Automated License Plate Readers (ALPR), Unarmed Aircraft Systems Operations (Drone) and other security equipment. This agreement will also memorialize the Beverly Hills Police Department’s continuous support to the District through School Resource Officers and other technical support. Notable items in this agreement are:

Ownership of Cameras: The agreement will outline the transfer of equipment to BHUSD within 90 days of the execution of the agreement. The District will incur all costs of maintenance and replacement of cameras moving forward.

Meeting Date: May 19, 2026

The agreement continues and enhances the existing data sharing arrangement where Police staff will have access to District cameras in the event of an emergency.

Storage: Storage of video surveillance footage will no longer be retained by the City. The District will take full ownership and incur ongoing costs related to data storage after the initial set up assisted by City. The City will incur the costs for one (1) year of video data storage as part of the transfer of the system to the District.

Radio: The District will be provided with one (1) radio base station capable of receiving BHPD’s primary dispatch channel to communicate serious incidents.

ALPR: District will begin sharing data from available sources immediately. District will be responsible for notifying BHPD and sharing of information as new sources become available.

Drone: District shall coordinate with the City whenever flying a drone in the City, regardless of purpose. New communications protocols are established to aid in deconflicting drone airspace

FISCAL IMPACT
Approval of the agreement as written obligates the City to $13,750,000 for the fiscal year 2026-27, $13,000,000 for fiscal year 2027-28, and $12,250,000 for fiscal year 2028-29.

The City will pay its annual obligation in four equal quarterly installments. In accordance with Section 4(C) of the JPA, the City will maintain a $50,000 in Security Deposit Funds that will be used should damage result from City use of District facilities.

Stephanie Harris
Director of Community Services
Approved By
Meeting Date: May 19, 2026

ATTACHMENT 1
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B0785-0001\3246348v4.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE

BEVERLY HILLS UNIFIED SCHOOL DISTRICT FOR THE

PROVISION, USE AND MAINTENANCE OF EDUCATIONAL,

RECREATIONAL AND COMMUNITY FACILITIES AND
PROGRAMS FOR FISCAL YEARS 2026-27, 2027-28 AND 2028-29.

NAME OF CONTRACTOR: Beverly Hills Unified School District RESPONSIBLE PRINCIPAL OF CONTRACTOR: Dr. Alex Cherniss, Superintendent of Schools CONTRACTOR’S ADDRESS: 624 N Rexford Dr.

Beverly Hills, CA 90212
Attention: Dr. Alex Cherniss, Superintendent of
Schools
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Stephanie Harris, Director of
Community Services
COMMENCEMENT DATE: July 1, 2026
TERMINATION DATE: June 30, 2029
CONSIDERATION: Annual Payment:

FY 2026-27: $13,750,000
(Subject to deductions pursuant to Section 4)
FY 2027-28: $13,000,000
(Subject to deductions pursuant to Section 4)
FY 2028-29: $12,250,000
(Subject to deductions pursuant to Section 4)
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THIS AGREEMENT is made and entered into this ______ day of _________________, 2026 (the "Approval Date"), by and between the City of Beverly Hills, a municipal corporation, hereinafter referred to as the “City,” and the Beverly Hills Unified School District, a regularly organized and existing school district under the laws of the State of California, hereinafter referred to as the "District." RECITALS.

A. Pursuant to the provisions of Title I, Division I, Part 7, Chapter 10 of the California Education Code (commencing with section 10900), and Title I, Division 7, Chapter 5, Article I of the California Government Code (commencing with section 6500), the City and the District are authorized to enter into an agreement providing for educational, recreational, and community facilities and programs.

B. The District is able and willing to provide the City with the use of valuable educational and recreational facilities for use by the City in carrying out its programs for the benefit of its residents, including but not limited to athletic fields, playgrounds, gymnasiums, wrestling rooms, weight rooms, tennis courts, auditoriums, classrooms, multi-purpose rooms, cafeterias, swimming facilities, cable television facilities, and library facilities.

C. The foregoing facilities and programs will allow the City to provide its residents with a level and breadth of services that it would not otherwise be able to provide.

D. The provision of said facilities and programs will result in a greater utilization of the District's facilities and the generation of revenue for the maintenance of the District's educational programs.

E. The District has agreed to assume all responsibility for the operation of City Youth Programs (as defined in this Agreement) beginning with the Fall 2026 session, and to hire existing Preschool Personnel (as defined in this Agreement) in accordance with this Agreement.

F. It is in the public interest that the City and the District enter into this Agreement in order to maximize the use of the District's facilities and programs for the promotion of the general public welfare.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree as follows:

DEFINITIONS.

The following terms shall be defined as set forth below:
"City" shall mean the City of Beverly Hills;
"City Recreation Program" shall be defined as provided in Section 5.B; "Director" shall be defined as provided in Section 5.B; "District" shall mean the Beverly Hills Unified School District; "District Activities" shall be defined as provided in Section 5.C; -3-
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“District Office” shall be defined as a building on 624 N. Rexford Dr.; "District Facilities" shall be defined as provided in Section 5.B; "Force Majeure" shall be defined as provided in Section 11; "Library Facility" shall be defined as provided in Section 5.C.6; "Outdoor Facilities” shall be defined as provided in Section 5.C.4; “Preschool Personnel” shall be defined as provided in Section 5.D.2; “School Hours” shall be defined as any time periods that are not designated as Non-School Hours by this Agreement;
“City Recreational Program Hours” shall be defined as provided in Exhibit B; “Non-School Hours” shall be defined as provided in Exhibit B; “Youth Programs” shall be defined as provided in Section 5.D.1.

AGREEMENT.

Section l. Co-Administrators. The City Manager, or the City Manager's designees, and the District's Superintendent, or the Superintendent's designees, are hereby designated as the co-administrators of this Agreement subject to the rights and obligations set forth herein and subject to the direction of their respective governing agencies.

A. Designated Point Person. The District co-administrator shall designate a point person who shall be knowledgeable about the terms of this Agreement. The designated point person shall implement the terms of the Agreement. The District co-administrator shall provide the City coadministrator with the name and contact information of the designated point person within thirty (30) days of the Approval Date of this Agreement. The name and title of the designated point person shall be incorporated into this Agreement as Exhibit A.

B. Other Responsible Personnel. The District co-administrator shall provide the City co-administrator with the cell phone number of any additional personnel who will provide the City access to the District Facilities or Outdoor Facilities as required by this Agreement. The City co-administrator shall provide the District co-administrator with the cell phone number of the personnel responsible for administering the City Recreation Programs that utilize District Facilities or Outdoor Facilities within thirty (30) days of the Approval Date of this Agreement. The list of responsible personnel and personnel who provide access for each campus shall be incorporated into this Agreement as Exhibit A. This list shall be updated at least once per Fiscal Year, and within a reasonable time of any changes in such personnel throughout the Fiscal Year. For urgent matters or day-to-day logistical issues, the City designee at each District facility shall communicate with the site’s Principal and/or Assistant Principal. For any major changes to programming, access to facilities, or matters affecting programming, both City designee and District designee shall communicate changes to the co-administrators of this Agreement. District shall at its sole cost and expense provide custodial, security, and any other necessary personnel while Facilities are in use under this Agreement.

C. Emergency and Natural Disaster. The City shall provide emergency and natural disaster personnel for each City Recreation Program at District Facilities. The number and composition -4-
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of such City personnel shall be determined at the sole discretion of the City. District shall communicate best practices for emergency and natural disaster purposes to City staff working on District Facilities.

District shall provide access to technology systems, data bases, and training to City emergency and natural disaster personnel to integrate emergency and natural disaster response among City and District personnel.

City shall keep the District updated on any changes in personnel and points of contact for City personnel at each District site. Nothing in this Agreement shall obligate the City to provide any emergency or natural disaster personnel for any District activities, functions or events, except City Recreation Programs.

Section 2. Establishment of Shared Scheduling System. The District and the City shall establish and maintain a shared scheduling system for use of the District Facilities and Outdoor Facilities, which shall be easily accessible for viewing by the public on the District’s website (“Shared Scheduling System”). The District shall post an up-to-date calendar of the High School sports practice and game schedules, as well as any other District Activities on the Shared Scheduling System. The City shall post an up-to-date calendar of City sponsored youth and adult sports and recreation events, including community drop-in hours, on the Shared Scheduling System. The District, at its sole expense, shall develop and maintain in good working order the Shared Scheduling System, and update schedules in conjunction with designated City staff. The District and the City shall enter and maintain current schedules on the Shared Scheduling System beginning July 1, 2026.

Section 3. Term and Termination. The term of this Agreement shall be from July 1, 2026 to and including June 30, 2029 (“Term”), unless otherwise terminated for any reason by either party upon ninety (90) days written notice to the other party.

Section 4. Compensation and Payment.

A. Annual Payment. The City shall make annual payments to the District in the following amounts (each, an “Annual Payment”):

FY 26-27: $13,750,000
FY 27-28: $13,000,000
FY 28-29: $12,250,000
Either the City or the District may request that this amount be reviewed and adjusted for the following fiscal year after the end of Fiscal Year 2026-27 or Fiscal Year 2027-28, respectively. Any request for review shall be made in writing and shall be delivered at least 180 days prior to the end of Fiscal Year 2026-27 or Fiscal Year 2027-28, as applicable. Any change to the payment structure must be established through a mutual written agreement between the City and the District.

Each Annual Payment shall be divided into four quarterly payments made on August 1, November 1, February 1, and May 1 and as further described in Exhibit F of this Agreement (each, a “Quarterly Payment”). The City may elect, in its sole discretion, to prepay one or more of the required Quarterly Payments. Upon receiving written notice from the District that the District has determined that, due to current financial limitations, a prepayment of one or more of the Quarterly Payments would be beneficial to avoid an adverse effect on the quality or level of facilities and programs provided by the District hereunder, the City shall consider, but shall not be obligated to honor, the District’s request to make such prepayment. Such notice shall describe the current financial limitations affecting the District. -5-
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B. Crossing Guard Payments. The District shall provide crossing guard services at times and locations to be mutually agreed upon by the Parties. Such crossing guard services shall be provided during the regular school year and during the summer months when City summer camps and/or preschools are in session. Quarterly Payments made to the District, as described in Exhibit F, include funding for all crossing guard services provided by the District. The City shall not be responsible for any excess costs associated with crossing guard services, including without limitation costs resulting from increases in the hourly rates charged by the crossing guard vendor during the Term of this Agreement.

C. Security Deposit. The City shall annually appropriate Security Deposit Funds (the "Security Deposit Funds") in the amount of Fifty Thousand Dollars ($50,000.00) for the purpose of repairing or replacing District property damaged by the City as a result of this Agreement, or paying for incidental costs incurred to make District Facilities suitable and available for the City’s use. Payment from the Security Deposit Funds shall be made only after the District demonstrates to the City's reasonable satisfaction that such repairs or replacements resulted from damages caused by the City's use of District property, or that such incidental costs are accrued for the purpose of making the District Facilities suitable and available for the City’s use under this Agreement, and only upon presentation of documentation to the City supporting the cost of the repair(s) or incidental costs. Notice of any damage or incidental costs must be delivered to the City no later than 10 days after the discovery of the damage or occurrence of the event precipitating the incidental cost. For the avoidance of doubt, Security Deposit Funds may also be used to pay for the deep cleaning of District Facilities, at the City’s request.

Section 5. District Obligations. In consideration of the compensation and payment described herein, the District shall provide to the City the following.

A. Availability of Facilities. The District shall make available to the City certain District Facilities (as defined below). Such availability shall be governed by the Facilities Operating Standards, which is incorporated into this Agreement and attached hereto as Exhibit C. If the District denies the City’s request for use of a District Facility, the District shall provide the City with written notice of such denial, including a detailed reason for the denial, no later than 24 hours after the District’s decision to deny the request.

1. Suitable Replacement or Alternate Location. If any District Facility is under construction, inoperable, or otherwise unable to be used for City Recreation Programs (as defined below) pursuant to this Agreement, the District shall (i) notify the City in writing as soon as possible, (ii) update the shared calendar to reflect any such construction or unavailability, and (iii) for the entire duration of any unavailability of any District Facility, provide similar District Facilities to avoid disruption in City Recreation Programs. If the District is not able to provide the City with its requested District Facilities or a suitable alternate location, the Quarterly Payment for the applicable quarter may be reduced by an amount equal to (i) the total amount of patron participation fees reimbursed by the City as a result of such unavailability, plus (ii) any additional costs incurred by the City arising from such unavailability.

B. District Facilities. The District shall make available to the City all recreational and classroom facilities at the District's Beverly Hills High School, Beverly Vista Middle School, El Rodeo Elementary School, Horace Mann Elementary School, and the District Office (each, a “District Facility”, and collectively, the "District Facilities"). Facilities made available at the Beverly Hills High School include but are not limited to athletic fields, play yards and play equipment, gymnasiums, locker and shower rooms, swimming pool, tennis courts, track, classrooms, fitness rooms, multipurpose rooms, cafeterias, auditoriums (including the Peters Auditorium, the Salter Theatre, the Science and Technology Center), future facilities (whether renovated or newly constructed on any school site), and such other District -6-
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Facilities requested by the Community Services Director of the City or his or her designee ("Director") for City recreation and other community or civic programs such as Scouts and Girl Scouts meetings (“City Recreation Programs”). The parties agree that, prior to use by the City of the Peters Auditorium and Salter Theatre, the District will establish additional usage policies and procedures for each of those facilities, which shall be binding upon the City only after approval by the City, in its reasonable discretion. Beverly Vista Middle School, El Rodeo Elementary School, Horace Mann Elementary School, and the District Office shall be made available upon request by the City, subject to facility availability, for City special events and programs.

C. District Activities. The City’s use of District Facilities shall not interfere with District Activities. The term “District Activities” is defined to solely include classroom instruction, afterschool programming, and/or seasonal camps provided by the District, and extracurricular District programs, whether or not provided in a classroom setting, that are directly supervised by District employees or their vendors. District Activities shall not include activities scheduled on less than 72 hour notice (with the exception of playoff games, as provided in Section 5.E of this Agreement), or activities of any third party (provided however, that certain activities conducted by the Beverly Hills Education Foundation (“BHEF”) and the Parent Teacher Student Association may be deemed District Activities if the activities do not compete with or duplicate City programs, are sponsored by the District, are covered under the District’s insurance policy, and are approved by the District’s Superintendent in advance, no less than six months prior to the activities’ expected start dates). In the event of a third party facility request to the District, the District shall confer with the City on all such requests to ensure that the request does not interfere with any City program or event.

1. Competing Programs. City reserves the right to provide an array of programming to the community even if programs are duplicative of those provided by the District.

2. Priority of Use for District Facilities.
a. The District shall have first priority use of District Facilities during School Hours, except where mutually agreed upon space and time has been designated for City programming.
b. The City will have first priority use of District Facilities during all Non-School Hours, as further described in Exhibit B. Third-party use of District Facilities for thirdparty activities shall not occur during the City’s scheduled use of facilities, or during times designated for drop-in use. Third-party uses must be approved by the District and City. The District will communicate any such requests at least one month before the expected third-party activity date in order to coordinate and preserve access for City use and drop-in use of Beverly Hills High School. c. As relates to use of District Facilities, the District will contract directly with the following youth organizations; Beverly Hills Basketball League, American Youth Soccer Organization, and Beverly Hills Little League for District Facilities.

3. Scheduling. The District shall provide advanced written notice to the City regarding use of any District Facilities scheduled for use by the City, including for all District Activities during Non-School Hours, at least seven (7) days prior to scheduling such activities. The District must provide the City with written notice of the expected times and facilities used for these activities, so that the City can adjust its scheduled use as necessary. In the event that the District requires use of the District Facilities for particular activities, for which, due to the nature of the activity, the District receives notice less than seven (7) days in advance, the District shall notify the City as soon as it receives notice of the same and work with the City to identify an alternate location to conduct any scheduled City activities. -7-
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4. After-School, Weeknight, and Weekend Outdoor Facilities. Except as necessary to avoid conflict with District Activities, the District shall make available year-round, during Non-School Hours, weeknights, and weekends, its outdoor athletic fields and play yards at Beverly Hills High School ("Outdoor Facilities") for use by the community on a drop-in basis (“drop-in use”), provided that the District shall not allow youth and adult groups to simultaneously use the same field at Beverly Hills High School. For the avoidance of doubt, drop-in use shall only be allowed at Beverly Hills High School.

When there is no scheduled field use during Non-School Hours, the Outdoor Facilities are presumed available for drop-in use in compliance with the conditions of this Paragraph. Whenever Outdoor Facilities are available for drop-in use, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit C, including by providing security personnel to monitor use and provide access and security services. The District shall maintain insurance coverage for activities related to dropin use. Nothing in this paragraph shall require the District to provide Outdoor Facilities on any local, California state or federal holiday as identified by Beverly Hills Unified School District, the California Department of Personnel Administration or the United States Office of Personnel Management, respectively, if District personnel are not required to work on such holiday, or the weekend prior to the holiday if said holiday falls on a Monday (hereafter a "Local, State or Federal Holiday") and as further described in Exhibit C of this Agreement.

5. Summer Camp Facilities. The District shall provide the City with access to the Beverly Hills High School Campus for the duration of summer break for summer programming. For the avoidance of doubt, while summer programming is in progress, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit C.

6. Library Facilities. During the school year, the District shall make available the Beverly Hills High School Library ("Library Facility") to school age children residing in the City of Beverly Hills for a minimum of six (6) hours per week after the hours of instruction have ended for the school day. For the avoidance of doubt, in making available the Library Facility, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit C. The District shall provide books and reading material for onsite use; provided however, that the District is not required by this Agreement to permit circulation of its books and other reading materials to students who do not attend Beverly Hills High School.

7. Parking Facilities. The District shall guarantee that the City may, during Non-School Hours, use all of the District’s parking facilities, including without limitation at Beverly Hills High School, the Beverly Vista Parking Lot, El Rodeo parking lot, and the subterranean parking facility at Horace Mann School, and any parking facilities that may be constructed in the future. During Non-School Hours, the District shall make available to the City for special event parking all parking facilities owned by the District. Notwithstanding the above, the City assumes all responsibility for all vehicles parked by the City or its agents or contractors in the District’s parking facilities and for any expenses associated with special event valet parking offered by the City, except to the extent any injury or harm arises from the gross negligence or willful misconduct of the District, its agents, employees or contractors. In the event that the City utilizes a third party valet contractor, the City shall require the contractor to add the District to the contractor’s insurance policy as an additional insured. -8-
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8. Public Safety Training Exercises and Emergency Use of Facilities. a. At least twice each month, for the full day on a Saturday or Sunday as determined by the City, the City shall have exclusive use of the parking facilities, driveways and other similar large open asphalt areas as well as classroom facilities, multipurpose rooms, cafeterias, auditoriums, and such other District Facilities as requested by the City at each of the five District sites (El Rodeo School, District Offices (formerly Hawthorne School), Horace Mann School, Beverly Vista Middle School and Beverly Hills High School) for public safety training exercises. Provided, however, that City shall provide the District with 72 hours prior notice of such use and that the use shall be scheduled so that it does not interfere with District Activities.
b. District shall notify the City, a minimum of 72 hours in advance, regarding any training exercises or drills that will occur on school sites during Non-School Hours. Active Shooter training should not be held during the City’s scheduled use of District Facilities. c. In relation to a federal, local, or state declared emergency, the City may use District Facilities for the sheltering of persons and any other use related to the emergency.

9. Facilities Maintenance. At its own expense, the District shall maintain all District Facilities and equipment used by the City pursuant to this Agreement in a good, clean, and safe working condition in the same manner as other classrooms or other District Facilities used exclusively by the District and shall provide all custodial services for such Facilities as set forth in Exhibit C. If the City’s activities result in substantial damage to District Facilities (reasonable wear and tear excepted), the City will be responsible for any costs accrued beyond the cost of routine maintenance and cleaning that are directly and solely the result of the City’s activities. Additionally, if drop-in use results in excessive wear to and excessive amounts of trash at a District Facility, the District shall inform the City that drop-in use may be cancelled at that particular District Facility. Before the District can cancel drop-in use at any particular District Facility, the District and the City must confer about potential preventative measures to prevent excessive wear or excessive trash at the District Facility, and the City, at its request, must be given an opportunity to implement such preventative measures for a reasonable period.

10. Other Use of Facilities. The City will occasionally require the use of the District Facilities for uses other than those specifically enumerated herein. In such instances, the City shall submit a written request for use of the District Facilities to the District. The District shall grant the request within 48 hours of receipt of the request, unless such request would conflict with District Activities or a previously scheduled Civic Center Act Use (as defined in Section 13), would result in the use of District Facilities on a federal, local, or state holiday, or would damage District Facilities because the District Facilities were not designed to accommodate the proposed use. The City shall pay the District all costs that District incurs in providing the requested services in excess of $20,000 per year.

D. Youth Programs.

1. Operation of Youth Programs. Effective August 1, 2026, the District, at its sole cost and expense, shall operate and administer all youth programming previously operated and administered by the City at District Facilities, including without limitation (a) preschools, (b) afterschool programs (including without limitation, the Expanded Learning Opportunities Program, afterschool care, and vendor-run enrichment classes), (c) summer camps, winter camps, and spring camps, and (d) youth sports programs (collectively, “Youth Programs”). Notwithstanding the foregoing, if the District has not obtained all necessary licenses to operate preschools prior to August 1, 2026, the City shall continue to operate such preschools at District Facilities until the District obtains all necessary licenses, and the City -9-
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shall be entitled to keep all revenue arising from the operation of such preschools. The District shall not be obligated to reimburse the City for any costs and expenses related to operation of summer camps, winter camps, or spring camps by the City prior to the District’s assumption of such camps; provided, however, that the City shall be entitled to keep all revenue arising from such camps. All Youth Programs shall be operated and administered in accordance with the applicable local, state and federal laws.

2. Preschool Personnel. The District shall offer employment to all personnel employed at City-operated preschools (“Preschool Personnel”) beginning on the date that the District begins operation of preschools pursuant to Section 5(D)(1) of this Agreement. All Preschool Personnel hired by the District shall be employed in roles and capacities substantially similar to their respective roles and capacities as of the Approval Date of this Agreement. All Preschool Personnel shall receive compensation and benefits from the District that are approximately equivalent to the compensation and benefits provided by the City as of the Approval Date of this Agreement.

3. Enrichment Classes. Beginning with the Fall 2026 session and throughout the term of this Agreement, the City will no longer operate and administer enrichment classes afterschool at the elementary schools and Beverly Vista Middle School. Beginning with the Fall 2026 session and throughout the term of this Agreement, the District, at its sole cost and expense, may operate and administer enrichment classes afterschool at the elementary schools and Beverly Vista Middle School. Upon written request by the District, the City shall provide the District with the names and contact information of vendors contracted by the City to operate such enrichment classes as of the date of this Agreement; provided, however, that the City will make no representation or warranty about the quality, suitability or performance of such vendors, or such vendor’s willingness to contract with the District.

E. Other Programs and Services.

1. Scheduling System. The District shall keep current the Shared Scheduling System established pursuant to Section 2 of this Agreement with respect to all District Activities; provided however, that the District shall not schedule an event on less than 72 hours’ notice without the City's prior consent, with the exception of playoff games. The District's failure to timely schedule an event on the Shared Scheduling System that ultimately displaces a City Recreation Program shall constitute a material breach pursuant to Section 12 of this Agreement.

2. CCTV Cameras. The District will assume full responsibility for the operation, replacement, maintenance and secure storage of all CCTV cameras, and any other related equipment and data, as further described in that certain Memorandum of Understanding Between the City of Beverly Hills and the Beverly Hills Unified School District (“CCTV MOU”), attached hereto as Exhibit D and incorporated herein by reference, for transfer of ownership of the existing Digital Video Management System (DVMS) to be entered into by and between the District and the City.

3. School Resource Officers Program. District shall comply with the terms of that certain Memorandum of Understanding for the School Resource Officers Program, which is incorporated into this Agreement and attached hereto as Exhibit E.

4. Limited Flyer/Banner Distribution.
a. Flyers. In the event that the City elects to provide publicity for City Recreation Programs in printed flyer or poster format, the District shall ensure that flyers are -10-
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distributed to the designated classrooms and are on display at the office front counter or designated publicity display at each designated campus. During the Term of this Agreement, the District shall not permit flyers to be distributed at the schools, whether by posting, electronic/digital means, or any other means, for recreation programs, enrichment classes, camps and activities that may compete with City sponsored recreation programs and activities, except those offered by the District. b. Newsletter. In the event that the City elects to provide publicity for City Recreation Programs in a digital format, the District shall ensure that e-media is added to each school’s newsletter and distributed to their subscribers. c. Banners. All official notices relating to City Recreation Programs shall be posted at each school at a location to be reasonably approved by the District. All banners must follow District guidelines as listed below:
1) All Banners and signs must be professional in
appearance.
2) All banners and signs must be approved by the respective Principal's office prior to posting.
3) Each site will designate a specific location in which banners and signs may be posted, and all banners and signs will be posted only in that area. 4) Banners will not be posted for longer than 4 weeks
without specific permission from the District or site.
5) Before posting banners or signs, a specific removal date will be assigned.
6) Banners will be removed within three days after the
specified removal date. City and District banners will be removed by District staff and stored for return to the appropriate department. Other banners or signs will be removed by the specified removal date by the organization posting them; if banners are left hanging after that date, District staff will remove and discard them.
7) No more than 7 banners may be hanging at any school
site at one time.
8) The preferred size of banners will be 2' X 6', and no banners will exceed 4' X 8'.
9) All banners and signs must be approved by the Principal's office prior to posting. The Principal may make exceptions to the above requirements in order to avoid placing undue hardship on non-profit organizations which had banners printed prior to September 2009.

5. Permits for City Employees and Officials. The District has set up a system of permits to allow non-District residents to enroll students for instruction at District schools. To the extent permitted by State law, the District agrees to provide the children of City employees priority in the granting of such permits. If an order of priority is established by the District, the children of City employees shall be given priority directly after priority provided to the children of District employees. For the purposes of -11-
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this paragraph, City employees include independent contractors who fill the role of an officer or employee but shall not include non-residents who may serve on City commissions. Upon request from the District, the City shall confirm whether persons seeking a permit are the children of City employees. The District may refuse to provide priority to the children of any City employee for cause, including, but not limited to, if the District determines that the child for whom enrollment is sought has a disciplinary history that would otherwise preclude enrollment.

City shall follow the District’s Interdistrict Attendance Policy (AR 5117), adopted January 26, 2016, revised June 14, 2022, as stated below:

The Superintendent or designee may approve an interdistrict attendance permit for a student for any of the following reasons:

1. To allow children of individuals employed by Beverly Hills Unified School District or by the City of Beverly Hills to attend schools within the district. a) Children of employees of the District or the City of Beverly Hills who are employed one-half time or more in a regular assignment, and who have been released pursuant to an interdistrict permit by the school district of residence, shall be considered to be resident children and, as long as they meet the requirements of the Interdistrict Attendance Policy, shall be automatically enrolled as students of the District. This provision does not include children of substitute employees, consultants, at-will employees, or adult education teachers employed by the District. b) Children of District employees who have permits to attend District schools may participate in the school of choice program, based upon space availability, of the upcoming school year, following the granting of school of choice for students residing in the District, based upon space availability.
c) Children of District employees who are attending BHUSD schools on permits may complete the school year during which their parent ceases employment. d) Children of employees of the District and of the City of Beverly Hills who are attending BHUSD schools while not residing within district boundaries must follow the criteria established by the District and listed in Section II of the Interdistrict Attendance Policy in order to maintain attendance in BHUSD.

6. Cable Television Programming The District shall provide programming, or make available to the City air time for City programming and public service announcements, pursuant to the terms of the CCTV MOU.

7. Police Radio. The District shall access and use the City-issued mobile radio equipment and BHPD primary dispatch channel in accordance with the terms set forth in the CCTV MOU.

8. Unmanned Aircraft Systems Operations. The District shall abide by all rules and restrictions related to the operation of Unmanned Aircraft Systems as set forth in the CCTV MOU.
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9. Automatic License Plate Readers. The District shall abide by all rules and restrictions related to the installation, operation, data access and oversight of Automatic License Plate Readers as set forth in the CCTV MOU.

Section 6. City Obligations. In addition to the compensation and payment described in Section 4, the City shall provide to the District the following:

A. Scheduling System. The City shall keep current the Shared Scheduling System established pursuant to Section 2 of this Agreement with respect only to City Recreation Programs.

C. School Resource Officers Program. The City shall assign one or more full time sworn officers of the Beverly Hills Police Department ("BHPD") to the function of School Resource Officers ("SROs"). The SROs shall perform services under the supervision and control of the Beverly Hills Chief of Police ("Chief of Police") and as described in the Memorandum of Understanding for the School Resource Officers Program at Exhibit E.

D. Special Police and Fire Services. The District may request in writing that the City provide certain police and fire services. In such cases, the Chief of Police or Fire Chief may agree to provide the requested services. The District shall pay the City all costs that City incurs in providing the requested services in excess of $20,000 per year.

E. Use of City Facilities. The District may request to use the City’s multipurpose fields, baseball fields, sand volleyball courts, tennis courts, and basketball courts at facilities owned by City (“City Facilities”) in writing at least thirty (30) days prior to the date being requested. City may grant such a request in its sole discretion and shall provide a written notice of its decision. If City denies the request the written notice shall include the reasons for the denial and be provided no later than 24 hours after City’s decision to deny the request.

F. City Programs. Notwithstanding Section 5(D)(1) of this Agreement, beginning with the Fall 2026 session and for the term of this Agreement, the City will operate and administer: (i) day camps at City Facilities on Pupil Free Days and holidays, (ii) summer camps at City Facilities, (iii) recreational classes and enrichment classes at park sites during the day and evening, at times to be determined by the City; and (iv) sports, aquatic camps, classes, recreational classes and enrichment classes for adults at Beverly Hills High School. The City shall, at no additional charge to the City, be granted access to use the District Facilities necessary to operate the City programs listed in the immediately preceding sentence.

Section 7. Indemnification.

A. It is understood and agreed that, pursuant to Government Code Section 895.4, the District agrees to indemnify, defend and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from all claims, suits or actions of every name, kind and description, including attorneys’ fees and costs, brought for or on account of injury (as defined in Government Code Section 810.8) arising from the acts or omissions of the District, the Board of Education of the District (the “Board”) and each member of the Board, and every officer, employee and agent of the District, in connection with its obligations and performance under this Agreement, as well as, any and all injuries arising from a third party's use, whether active or passive, at the District Facilities, including without limitation, Beverly Hills High School, Beverly Vista Middle School, El Rodeo Elementary School, the former Hawthorne Elementary School, Horace Mann Elementary School, and the District Annex. -13-
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B. It is understood and agreed that, pursuant to Government Code Section 895.4, the City agrees to indemnify, defend and hold harmless the District, the Board, and each member of the Board, and every officer, employee and agent of the District, from all claims, suits or actions of every name, kind and description, other than those related to the disclosure of records pursuant to Education Code Section 49060 et. seq. and/or 20 USC Section 1232g, including attorney fees and costs, brought for or on account of injury (as defined in Government Code Section 810.8) arising from the acts or omissions of City, and every officer, employee and agent of the City, in connection with its obligations and performance under this Agreement.

C. City agrees to require all third party organizations which the City authorizes to use District Facilities to execute a document stating the following:
[Name of the Organization] agrees to hold harmless, defend, and indemnify the Beverly Hills Unified School District, including its Board members, agents, officers, employees, and representatives, and the City of Beverly Hills, including its agents, officers, employees, and representatives against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, or loss was solely due the sole negligence or willful misconduct of the Beverly Hills Unified School District or the City of Beverly Hills), whenever such injury, death, loss, damage, or claim is a consequence of, or arises out of use of or access to the District Facilities at [Name of District Facilities], by [name of organization] or its agents, officers, employees and representatives.

D. This section shall survive the expiration or earlier termination of this Agreement.

Section 8. Insurance. The District and City shall each maintain in full force and effect during the Term of this Agreement, commercial general liability insurance, insuring each party against liability as may arise pursuant to each party's respective indemnity obligations pursuant to Section 7 of this Agreement. Both the District and the City shall have the right to comply with this Section 8 by provision of self-insurance. Any City-sponsored activities occurring on District Facilities shall be covered by the City’s insurance, or by the insurance of the third party using District Facilities.

Section 9. Annual Compliance Review. The District and City shall conduct quarterly meetings to ensure compliance with this Agreement. Such quarterly meetings shall occur in accordance with Exhibit C. Prior to the beginning of each fiscal year, but in no event no later than May 1st, the Director shall provide a report to the City Manager and the District Superintendent on each party's compliance with this Agreement for the prior year. The report shall focus on the availability of the District Facilities for the City's use, the City's access to District Facilities, the City's use of District Facilities, including the City's compliance with its obligations pursuant to this Agreement, the maintenance of the District Facilities, the District's cancellation, if any, of the City's scheduled uses and other pertinent information.

Section 10. Accountability and Audit.

A. It is in the best interest of the public if the benefits of this Agreement are well understood. The parties agree that the District shall include and clearly acknowledge in its annual budget the payments made to the District under this Agreement as a separate line item in that budget.

B. The District and the City shall each maintain records of accounts maintained by the District and the City for the receipt and disbursement of any funds received in connection with this Agreement according to accepted government accounting principles, which records shall be available to the District and the City for audit. The District and the City shall allow a representative of the other Party -14-
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to examine, audit and make transcripts or copies of such records during regular business hours upon notice by the requesting Party. The District and the City shall fully cooperate in any audit or request for examination of records.

C. The District shall retain, protect and maintain in an accessible location complete and accurate records, including paper, electronic and computer records and invoices, of any expenditures or disbursements for payments provided for in Section 4 and with respect to all matters covered under this Agreement. The District shall maintain such records for a period of five (5) years after receipt of final payment under this Agreement. All such records and invoices shall be clearly identifiable. The District 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. The District 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, District shall pay City’s travel, hotel and meal costs to the location where the records are maintained. The District shall provide the City with its full cooperation in any audit or request for examination of records.

D. If the City determines, after a review or audit of District records, that any portion of the payments provided in Section 4 has not been expended as authorized, then the City shall provide notice of that determination to the District. Within ten (10) days of such notice, the District shall provide a response indicating whether the District disputes the City's determination or whether the District intends to reimburse the City that portion of the payment(s) paid to the District and not expended as authorized.

Reimbursement of any undisputed amount shall be made within thirty (30) days after the City has provided notice to the District pursuant to this paragraph D. If the District disputes the City's determination, the parties shall meet to attempt to resolve the dispute within thirty (30) days after the City has provided notice to the District pursuant to this paragraph D. If the dispute remains unresolved after the meeting, the parties shall have all remedies available at law or equity.

Section 11. Force Majeure. Neither party hereunder shall be deemed to be in default where delays or failures to perform are due to Force Majeure. For purposes of this Agreement, the term "Force Majeure" shall mean the following: strikes, lockouts or labor disputes, acts of God, pandemics, acts of enemies or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, or a taking of a whole or a portion of the District facilities by condemnation or eminent domain. Any Party intending to rely upon Force Majeure to forgive performance shall give notice of the Force Majeure and the full particulars of such Force Majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on. The Parties hereby acknowledge that the Coronavirus (COVID19) qualifies as a “pandemic” as set forth with the following requirements. Both Parties shall work together in good faith to ensure compliance with any regulation, requirement, or guidelines issued by any government agency related to the COVID-19 virus applicable to any activity authorized by this Agreement including but not limited to, implementing social distancing measures and requiring masks during any property use. In the event the District, in its sole discretion, determines that any scheduled event or activity pursuant to this Agreement must be cancelled or revised due to current or future COVID-19 conditions, the District shall notify the city in writing and the Parties shall work together in good faith to modify this Agreement or any specific use to address COVID-19 safety concerns. -15-
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Section 12. Breach, Default and Remedies.

A. If, at any time, either party determines that the other party has failed to perform a material term or provision of this Agreement, then the party identifying the alleged breach shall provide written notice to the other party specifying in detail the nature of the alleged breach and the manner in which the alleged breach may be satisfactorily cured. Notice shall also be provided to the District coadministrators via email.

B. Upon receipt of the notice of breach, the alleged breaching party shall promptly commence to cure, correct or remedy the identified breach at the earliest reasonable time after receipt of the notice of breach and shall complete the cure, correction or remedy of such breach promptly and within forty-five (45) days after receipt of the notice. However, if the breach is not reasonably susceptible of being cured within forty-five (45) days, then a default shall exist only if the cure of the breach is not commenced within the forty-five (45) day period or thereafter is not diligently prosecuted to completion.

To facilitate a resolution of the alleged breach, the City Manager and the Superintendent, or their representatives, shall meet within ten (10) days of any notice of breach to attempt to find an appropriate cure for the breach and to otherwise resolve the parties' disputes unless the breach has been cured before such meeting.

1. Whether or not a breach is cured within the cure period provided in this Section 12.B., if a breach occurs for any reason other than mechanical failure not caused by and beyond the control of the District or Force Majeure, and the breach results in the cancellation of a scheduled City use, including City Recreation Programs, or the inability of the public to access the District Facilities at a time when the District Facilities are to be made available pursuant to this Agreement, then the City may deduct the greater of one and a half times the loss of revenue to the City due to the City's displacement, or one hundred seventy five dollars ($175.00) from the next Quarterly Payment due to the District for each day that that the City use was displaced or the District Facilities were unavailable to the public. In the event that the City deducts payment, the City shall provide the District with documentation of the expenses and/or loss of revenue caused by the displacement.

2. If a breach by the District is not cured within the cure period provided in this Section 12.B, then the City may deduct the greater of one and a half times the loss of revenue to the City due to the City's displacement, or seven hundred fifty dollars ($750.00) from the next payment due to the District for each day that the breach remains uncured after notice of breach is provided by the City.

3. If, after providing the District with notice and an opportunity to cure as provided this Section 12.B, the District fails to maintain its facilities or equipment as required by this Agreement, and, as a result of the District's failure to maintain its facilities and equipment, the City is required to purchase equipment or supplies in order to properly conduct a scheduled City use, including City Recreation Programs, then City may deduct the costs of such equipment or supplies from the next payment due to the District.

4. Upon compliance with the provisions of Section 12.A and this Section

12.B, the parties shall have all of the remedies available at law or equity. The remedies set forth in this Section 12.B are in addition to, and not in lieu of, any remedy available at law or equity.

Section 13. Civic Center Act. The City acknowledges that under the provisions of the Civic Center Act, California Education Code 38130 et seq., there exists at each and every school facility and grounds of the District a civic center. Nothing in this Agreement shall be interpreted in a manner that violates any provision of the Civic Center Act. Furthermore, notwithstanding any other provision of this Agreement, -16-
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the City's use of District Facilities shall be subject to, and shall not unilaterally displace, previously scheduled uses under the District's Civic Center Act policies and procedures (“Civic Center Act Use”). To the extent permitted by law, the District's Civic Center Act policies and procedures shall provide priority to the City's uses pursuant to this Agreement over other proposed uses.

Section 14. No Overtime Payments. Nothing in this Agreement shall be interpreted to require the City to pay overtime or any other compensation whatsoever to District staff for performing any obligations under this Agreement.

Section 15. No Obligation to Inspect for Damages. Nothing in this Agreement shall be interpreted to require the City to evaluate or inspect District Facilities for damage, including in the case of natural disasters.

Section 16. Source of Funds. Expenditures by the City under this Agreement shall be appropriated from monies in the City's General Fund, provided that no funds shall be expended which are derived from property taxes. Further, no funds expended under this Agreement shall be derived from assessments based on the value of property within the City or from any monies appropriated by the State of California.

Section 17. Notice. Any notice required by this Agreement shall be served upon the party personally or by overnight courier service during regular business hours and shall be deemed received on the day of delivery. Notices to the City shall be addressed to City Manager, City of Beverly Hills, 455 North Rexford Drive, Fourth Floor, Beverly Hills, California 90210. Notices to the District shall be addressed to Schools Superintendent, Beverly Hills Unified School District, 624 N Rexford Dr. Drive, Beverly Hills, California 90210.

Section 18. Amendments to Agreement. Any amendments, modifications or variations from the terms of this Agreement shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Council of the City and the Board of Education of the District.

Section 19. Loss of Funding. If this Agreement is terminated for any reason prior to the expiration of its Term, the payments specified in Section 4 hereinabove for that remaining portion of the Term, calculated to the nearest calendar month, shall also be cancelled. Any portion of said payments already paid by the City to the District, for any period during which this Agreement is no longer in effect, shall be calculated to the nearest calendar month and shall be reimbursed to the City by the District.

Section 20. Reimbursement of Funds. In the event a court of competent jurisdiction holds (i) that any money paid to the District under this Agreement has been expended by the City without proper authority, and (ii) that the money must be refunded to the City by the District, and/or that individual members of the City Council are personally liable to the City for any such expenditures, the District shall reimburse the City and/or individual members of Council for any such payments up to the amount specified in the judgment or court order, but not to exceed the total payments already made by the City under this Agreement. This section shall survive the expiration or earlier termination of this Agreement.

Section 21. Extension of Term of Agreement. The City and the District shall make reasonable efforts to commence discussions no later than July l, 2028 regarding whether the Term of this Agreement shall be extended. Such decision shall be in the sole discretion of the City. Nothing contained in this Agreement shall be construed to require either the City or the District to extend the Term of this Agreement or to enter into a new agreement.

Section 22. Severability Clause. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, only those invalid provisions shall cease and become null and -17-
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void. 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. Should the exclusion of those provisions render the Agreement contrary to the intent of the parties, the City and the District shall use their best efforts to restructure the Agreement consistent with the original intent of the parties. If the City and the District are unable to agree after utilizing their best efforts, this Agreement shall become null and void upon thirty (30) days written notice, and at the election of, either party hereto.

Section 23. Compliance with Law. In performing its obligations under this Agreement, each party shall undertake its respective activities in compliance with all applicable local, state and federal laws.

Section 24. Interpretation of Agreement. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

The section headings are for purposes of convenience only.

Section 25. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the District, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument pursuant to Section 18.

Section 26. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 27. Attorneys’ Fees. In the event that the City or the District 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 attorneys’ fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 28. Nondiscrimination. In the performance of this Agreement, the parties assure 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). The parties 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.
[signatures follow on next page]
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Executed on the day and year first above written, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
_______________________________________
CRAIG A. CORMAN
Mayor of the City of Beverly Hills, California
ATTEST:
_______________________________ (SEAL)

HUMA AHMED
City Clerk

BEVERLY HILLS UNIFIED SCHOOL DISTRICT
_________________________________________

JUDITH MANOUCHEHRI
President, Board of Education
_________________________________________

ALEX CHERNISS
Secretary and Superintendent, Board of Education
(Signatures continue)
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________________ _______________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
_________________________________ ______________________________ TYREE DORWARD SHARON L’HEUREUX DRESSEL
District Counsel Superintendent Risk Manager
Exhibit A
-1-

EXHIBIT A
Designated Point Persons and Other Responsible Personnel

DISTRICT
District Designated Point Person: Steve Lawson, Director of Athletics/JPA District Co-Administrator: Dr. Alex Cherniss, Superintendent of BHUSD Schools District Co-Administrator: Khai Nguyen, Executive Director of Business Services Additional Personnel:
• Facilities and Scheduling:
o Steve Lawson, Director of Athletics/JPA
o Devon Saxon Assistant Director of Athletics/JPA
o Will Karrat, Executive Director – Maintenance Operations and Construction • Security Staff: Sean O’Connor, Director of School Safety • Education Programs: Dr. Dustin Seemann, Assistant Superintendent • Responsible for Granting Site Access:
o Steve Lawson, Director of Athletics/JPA
o Devon Saxon Assistant Director of Athletics/JPA
CITY
City Co-Administrator: Stephanie Harris, Director of Community Services City Co-Administrator: Christopher Paulson, Assistant Director of Community Services City Co-Administrator: Adrine Ovasapyan, Deputy Director of Community Services City Designated Point Person, Facilities: Adrine Ovasapyan, Deputy Director of Community Services Exhibit C
2 EXHIBIT B
Facilities
City shall be provided with the District Facilities during Non-School Hours as mutually agreed upon in writing. Non-school hours are defined as non-instructional hours, pupil free days, and/or holidays.

With respect to Beverly Hills High School, District shall provide facilities for the programs outlined below:

Program
Type Days Staff Access Hours Program Hours Timeline Facilities Adult Sports –
Basketball
League
Mon–
Thu 6:15pm–10:30pm 6:15pm–10:30pm
Seasonal
(Winter,
Spring,
Summer,
Fall)
Swim Gym; East &
West Gyms
Adult Sports –
Soccer Sun 8:00am–2:00pm 8:00am–2:00pm
Winter &
Spring
seasons
Field
Aquatics
Tue,
Thu,
Sun
5:50–7:50am; 6:30–8:30pm;
Sun 8:30am–1:30pm Same as staff
hours
Yearround Swim Gym
Classes –
Ceramics
Mon &
Wed 6:00pm–9:00pm 6:00pm–9:00pm
YearroundCeramics
classroom
Classes –
Wrestling
Tue–
Thu &
Sat
Tue–Thu 6–8pm; Sat 11am–
1pm
Same as staff
hours
Yearround Wrestling room
Exhibit C
1 EXHIBIT C
Facilities Operating Standards
Access
A. ADA Compliance. In all events, including during construction periods, the District shall ensure that District Facilities used by the City under this Agreement are compliant under the American with Disabilities Act of 1990 ("ADA"), including providing an ADA path of travel. If necessary, remote gate access to the District Facilities shall be provided to the appropriate City staff. If a key card system is installed at a particular school site, access cards shall be provided to the appropriate City staff.

B. Request for Facilities Use. Each fiscal year, except as otherwise provided in paragraphs H through L below and playoff games, the City shall provide to the District a use schedule including the minimum number of classrooms, fields, and other Facilities needed for City programs at least sixty (60) days prior to the start of the school year. The District shall confirm availability of the District Facility space or discuss acceptable options within thirty (30) days of the City's request and shall provide the District’s athletic sports schedules for Fiscal Years 2026-27, 2027-28, and 2028-29 at the same time. Once confirmed, the District shall guarantee availability of the District Facilities for City programming for the term of the school year. Notwithstanding the foregoing, the City may require additional District Facilities to accommodate fluctuations in enrollment in City programs from session to session. In such instances, the District shall provide the additional District Facilities unless such availability would interfere with District Activities or a previously scheduled Civic Center Act use. In the event that the District is unable to provide access to any classroom, field, or other District Facility, the designated point person for the District shall confer with City staff to reach an alternative arrangement that will not negatively impact City programs.

City will notify the District if District Facilities previously reserved for the City are no longer needed.

If the District desires to use District Facilities previously reserved for the City, the District shall send a written request to the City within thirty (30) days prior to the expected date of use, and City shall respond to the request within 7 - 10 days of receipt of the District’s request. If, following approval of the request, the District no longer needs the District Facilities, the District will promptly notify City that the District Facilities will no longer be needed.

C. Storage. Rooms and District Facilities provided must include adequate and separate storage for City programs based on enrollment and nature of program offered, including for any third party vendor/instructor contracted by the City. In the event that separate storage space is not available, the District shall permit the City to store materials in a locker at the same premises at the City's own expense.

D. Youth Sports Organizations. All youth sports organizations shall be required to reserve space at District facilities directly with the District. The District shall charge youth sports organizations rental rates for use of District facilities that are substantially equal to the rental rates charged by the City for similar use of City facilities, unless the City reasonably approves a higher rate.

E. Telephone Access. The District shall provide operable phones to make calls (to multiple area codes) in all classrooms used by the City. The City shall provide staff with cell phones to be able Exhibit C
2 to receive phone calls from parents of participants in, staff assigned to, and/or participants in City Recreation Programs.

F. Internet Access. City staff working in District Facilities shall be provided access to the District’s internet and/or wi-fi network for work-related research and information, including access to any passwords needed to access the District’s internet and/or wi-fi network.

G. District Staff Time. The City may occasionally require assistance from District staff with respect to operation of audio-visual equipment. In such instances, the District shall make available its staff at the District’s expense, up to twenty (25) hours per year, subject to the specific terms and conditions of the employment terms of the District’s staff. In no event shall the City pay overtime for any District staff for services covered under this Agreement.

H. Restrooms. The District shall make available the restroom facilities closest or in close proximity to City Recreation Program for City use by City Staff and participants in City Recreation Programs.

Restrooms shall be cleaned prior to City afterschool and weekend use throughout the school year and shall remain open until the City’s programs are completed.

I. Weekday Facilities Use. The District shall provide the City access to Beverly Hills High School on “Pupil Free Days”, including winter break, spring break, and specified “local holidays”, for drop-in use by the City. Except during the summer months, these days will be treated as school days in terms of the hours of availability. For purposes of this section, “local holidays” shall mean the following:

Rosh Hashanah as observed by District
Yom Kippur as observed by District
J. Library Access. The days and hours that Library Facility shall be available will be agreed upon by the District Superintendent and the City Manager in writing prior to the beginning of each school year. Provided however, the Beverly Hills High School library shall be made available for not less than six (6) hours per week, after the hours of instruction have ended for the school day consistent with Section 5.C.6 of this Agreement. The District shall not be obligated to keep any of its libraries open during Pupil Free Days, local holidays, weekends, school vacations, Federal, Local, or State Holidays, or days that students do not attend school. The District shall immediately inform the City of any changes to the hours.
a. The District shall provide the physical premises including reading rooms, appropriate library furniture and utilities; maintenance and support services including janitorial services and security as provided in this Exhibit C; the District's children's library collection, including books, periodicals and audio-visual materials; and personnel to operate the library.
b. The District shall have the responsibility and sole authority to make all decisions concerning the operations, including the staffing, of the libraries as appropriate to meet the requirements of this paragraph J. The District shall take appropriate steps to ensure that all personnel working in the libraries during the hours covered by this Agreement have received appropriate background checks and training to work with school age children.

Exhibit C
3 Security.

A. Opening and Securing Facilities. At the District's expense, the District’s staff shall open and close District Facilities on weeknights and weekends. This includes, but is not limited to:

1. Providing adequate staff to ensure that the gates or entry doors to the classroom, library, and other District Facilities, including available parking lots, are open and freely accessible during the days and hours agreed upon by the District and the City, and locked after the City's use, including community drop-in use.

2. Providing armed security staff at the same level and quality as provided for the school day to ensure that the gates or entry doors to the Outdoor Facilities are open, secure, and freely accessible during the days and times required under this Agreement and locked after the City's use. Unless otherwise agreed to in writing, the procedure for opening and securing facilities shall be standardized across schools.

3. Ensuring that only authorized persons, as permitted under this Agreement, are using District Facilities. This includes but is not limited to checking and enforcing permits and maintaining a visible and engaged presence at the District Facilities. At minimum, the District shall maintain the same level and quality of security during after-school and weekend events as it does during School Hours. If the City is notified that security during City Recreational Programs does not satisfy the conditions of this paragraph, the City can notify the District of their security concerns, and the District will address those concerns.

B. Emergency Preparedness.

1. The District shall provide City staff with the cell phone numbers of responsible school personnel for all Non-School Hours in case of emergency.

2. The District shall communicate to any City employees designated to staff City programs any necessary information about an emergency or issue on campus that would affect a City programs. Advance notice of at least 72 hours should be provided whenever possible.

3. The District shall permit the City to locate emergency containers at each of the District’s school sites. The District shall provide a location on each campus that is acceptable to the City in size and location.

4. The City will provide the district a key for emergency containers.

C. The District shall not relocate the emergency containers without advance notice to the City. In the event that an emergency container must be relocated, the District shall be responsible for moving, emptying, and repacking such container. At all times, emergency containers shall be kept in a location that is accessible to the City.

D. All phone calls and verbal communication between City and District staff regarding security matters shall be followed up via email and include any and all staff involved no later than 48 hours after the conversation has taken place.

Exhibit C
4 Standard of Care, Maintenance, and Repairs.

A. Routine and/or scheduled maintenance shall be scheduled for times that do not conflict with City's scheduled use. In the event that District's scheduled maintenance will conflict with the City's use, the District shall provide at least fourteen (14) days advance notice via email. City and District both understand that emergencies will be the exception and shall be communicated immediately to either party.

B. Routine Maintenance: Routine maintenance shall include all of the following:
a. For Beverly Hills High School, janitorial services and the provision of custodial services in the Swim Gym restrooms, locker areas and shower areas, including restroom area adjacent to pool deck. These custodial services shall include cleaning and disinfecting showers, restroom facilities, floors, and sanitizing to prevent the spread of infectious diseases. The District shall perform a deep cleaning prior to the summer aquatics programs which begins in June. This deep cleaning may include steam cleaning of all tile and floors in locker rooms, sanitizing to prevent the spread of infectious disease, and performing any minor repair and beautification as needed, including changing burned out light bulbs, repairing broken fixtures, clearing drains of debris and bugs, and touching up painting. b. For all upper gyms that are scheduled for use by the City, the District’s staff shall sweep floors, remove all trash, and empty trash cans before City use begins, unless the City use is scheduled immediately after a District Activity such that it is impossible for the District to perform intervening janitorial services. In such instances, the District shall provide additional trash cans and floor sweeping equipment to accommodate the City’s use. c. The District will remove existing debris from window grates, and regularly clean window grates to keep them free of debris.

C. District shall maintain District Facilities (e.g. resurfacing of Swim Gym and Upper Gym Courts, sweeping and resurfacing of black top, field maintenance of girls' softball field, removing sharp edges of tile in Swim Gym pool) in a safe condition and make its regular maintenance schedule known to the City. Once each year, by December 1, the District shall identify two weeks during which District Facilities will be closed for annual preventative maintenance, as well as deep cleaning for both Swim Gym and upper gyms. The City will be provided with written notice of the annual closure no later than six months prior to the scheduled start date of the annual closure.

After this notice has been sent, the District must notify the City promptly of any expected changes to the dates of the annual closure. Any changes to the scheduled annual closure must be approved by both the District and the City.
a. Once every two years, the District shall resurface the floors of all upper gyms and perform any cleaning and maintenance or repairs to the Swim Gym, including to the pool.

Additional repairs to these facilities will be conducted on an as-needed basis.

D. All equipment and technology provided at District Facilities shall be maintained in good working order (e.g. ceramics equipment, photography equipment, etc.).

E. In the event that the District discovers that District Facilities or equipment used by the City under this Agreement are in disrepair, District shall notify the City of the need for repairs. Unless Exhibit C
5 otherwise approved by the City, District shall make the repairs, to the City's satisfaction, according to the following schedule:
a. For repairs that can be addressed by District staff ("Minor Repairs"), repairs must be completed within 7 calendar days from the date of discovery or notice, whichever is earlier, if any parts, tools, or equipment required for said repair are readily available. If any parts, tools, or equipment needed for said repair are not readily available, District must communicate this to the City and provide an approximate time for the repair. b. For repairs that cannot be addressed by District staff and require an outside contractor ("Major Repairs"), repairs must be complete within 15 calendar days from the date of discovery or notice, whichever is earlier, if any parts, tools, or equipment required for said repair are readily available. If any parts, tools, or equipment needed for said repair are not readily available, District must communicate this to the City and provide an approximate time for the repair.
c. District notes that repairs on buildings that are 80 plus years old are sometimes dependent upon securing a vendor and/or parts that can repair the Facility to working order. The procuring of such vendors and/or parts may not be able to fit into the above guidelines.

The District reserves the right to repair the said Facility as quickly as is possible noting that the repairs may take longer than expected. If any repairs subject to this paragraph result in facility closures of more than 15 days, the District shall meet with the City to discuss cure provisions and plans for reopening the facility. d. For repairs that require a facility closure of more than 15 days, the District shall meet with the City to discuss cure provisions and plans for reopening the facility.

F. In the event that the City discovers that District facilities or equipment used by the City under this Agreement are in disrepair, City shall notify the District promptly via phone and email. Upon receiving notice, District shall make the repairs, to the City's satisfaction, according the schedule outlined in paragraph C above.

G. At the direction of the City, the District will provide deep cleanings as needed. District will manage the vendor and City will reimburse the District for deep cleaning any room, facility, restroom, and/or area used by the City.

H. District's failure to make repairs pursuant to paragraphs C and D above shall constitute a material breach subject to the provisions of Section 12 of this Agreement.

I. The District and City shall conduct quarterly meetings at a time and place to be mutually agreed upon by the District and City to ensure compliance with this Agreement.

EXHIBIT D
Memorandum of Understanding Between the City of Beverly Hills and the Beverly Hills Unified School District Related to Digital Monitoring and Broadcasting Technology THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into as of this __th day of ________, 2026 (“Effective Date”), by and between the City of Beverly Hills (hereinafter referred to as the “CITY”) and Beverly Hills Unified School District (hereinafter referred to as the “DISTRICT” or “BHUSD”), collectively they are referred to as the “Parties”.

Recitals
A. The City and District entered into that certain Agreement Between the City of Beverly Hills and the Beverly Hills Unified School District for the Provision, Use and Maintenance of Educational, Recreational and Community Facilities and Programs, and the Operation of Educational Programs for the Fiscal Years 2026-27, 2027-28, and 2028-29 (“JPA”) of even date herewith.

B. In connection with the JPA, the parties also desire to enter into this MOU to establish the roles and responsibilities, and financial obligations between the City and District, concerning use of the digital monitoring and broadcasting technology expressly mentioned in this MOU.

C. In particular, the District desires to own and maintain its own Closed-Circuit Television (“CCTV”) system that covers its school and office sites. The District seeks assistance from the Beverly Hills Police Department (“BHPD”) in emergency situations to address real-time critical situations. The District and the City desire that the CCTV system shall be configured in a manner to allow City police personnel emergency access to live stream footage under the limited circumstances specified below.

D. In addition to the CCTV system, the parties also desire to establish rules and conditions related to City programming on the District’s television station, the operation of Unmanned Aircraft Systems, and the installation and operation of Automated License Plate Readers.

Agreement
The CITY and the DISTRICT hereby agree that the understanding between them as to the respective roles, responsibilities and financial relationship between the CITY and the DISTRICT is as follows:

Term
A. The term of this MOU shall be for the period beginning on July 1, 2026 and ending on June 30, 2028 (“Term”); provided, however, that if the JPA is terminated prior to June 30, 2028, this MOU shall terminate concurrently with the JPA.

Transfer of the DVMS System
A. Within ninety (90) days following execution of this MOU, the City shall transfer ownership and provide to the District the existing DVMS infrastructure that includes:
i All current cameras and camera views on BHUSD property as of the Effective Date of this MOU (approximately 937 physical cameras with approximately 1361 camera views)
ii Milestone Video Management System (VMS) and all licensing therefore iii Sufficient disk capacity for two years (730 days) of data storage for the number of camera views that exist as of the Effective Date of this MOU iv Two years (730) days of retained BHUSD video footage v All required hardware, software, related equipment, and configurations to operate the VMS and cameras and camera views
vi City-defined firewall and network configurations of District systems to allow for secure sharing of video data
Following execution of this MOU, the City shall deliver a fully configured Digital Video Management System (“DVMS”) to a mutually agreed-upon District-owned location within the City of Beverly Hills. The City and the District shall collaborate in good faith to complete all necessary network integration activities including provisioning Domain Name System (DNS), Dynamic Host Configuration Protocol (DHCP), default gateway services, and DVMS user management on the District’s network. The District shall review and test the DVMS in accordance with mutually agreed-upon acceptance criteria and shall not unreasonably withhold acceptance.

Upon formal acceptance of the system by the District, the District shall assume sole and exclusive responsibility for the operation, maintenance, support, and administration of the DVMS. Following the District’s acceptance of the DVMS, the City shall provide limited, advisory assistance as follows:
• Discretionary Consulting: For a period of twelve months following the District’s acceptance of the DVMS, City IT personnel will provide consulting services and technical support to District staff to facilitate the transfer of the DVMS (“Advisory Assistance”). The City will make available appropriate network, systems, and software resources as may be reasonably necessary to facilitate the transfer of the DVMS. The City shall not be responsible for performing maintenance, troubleshooting, or technical work on behalf of the District. • Availability: The City’s obligation to provide Advisory Assistance shall be subject to the availability of City personnel with the necessary expertise, and the City shall not be required to provide Advisory Assistance to the District if doing so would, in the City’s sole judgment, interfere with City operations. The City will endeavor to provide reasonable response times during the City’s normal business hours.
• Final Delivery of Documentation: At the time of the District’s acceptance of the DVMS, the City shall provide the District with knowledge transfer (including light systems administration training, and explanations of system configurations), administrative credentials, and vendor contact information currently in the City's possession.

Following execution of this MOU, the City and the District shall jointly confirm the appropriate storage architecture protocol (which is, as of the Effective Date of this MOU, iSCSI), as well as the corresponding hardware and software requirements. The District shall determine whether to utilize existing servers and networking equipment, or procure new hardware at its own cost and expense. Additionally, the District shall confirm the amount of historical data required (not to exceed 24 months), as well as the retention period for future data (not to exceed 24 months).

These determinations shall establish the total cost of the District’s new DVMS environment. The City shall pay for up to 12 months of video data storage for the existing camera views at time of the initial transfer of the DVMS. The District shall be solely responsible for all costs and expenses associated with any new hardware, software, and related equipment, and for data storage beyond the 12 months of data storage initially provided by the City upon initial transfer of the DVMS.

Such costs shall be deducted from the Annual Payment (as that term is defined in the “JPA”) for each Fiscal Year during the Term.

B. While this MOU is in effect, the City and the District’s staff shall work together to ensure that City and District systems are interoperable as detailed in this MOU. The District shall provide and maintain the necessary equipment, including without limitation mounting boxes, ethernet cables, media converters, conduits, and network switches, based on the City’s specifications. The City will provide the equipment necessary for layer 2 backhaul services for the video data. The City’s network switch will be the demark point, and all required downstream equipment will be the responsibility of the District. The District’s system will provide a full-featured video management suite that includes all the following high-level functionalities:

1. Ability to view all cameras from any appropriately networked computer

2. Ability to add/delete users

3. Ability to grant permission and access to users, as appropriate

4. Ability to create customized camera views

5. Ability to grant permission and access to users for live view only or live view plus playback

6. Ability to grant permission and access to users to export video data

7. Ability to manipulate pan-tilt-zoom cameras;

8. Ability to physically change fixed camera views; and

9. Ability to review usage logs.

C. Upon transfer of the cameras and at intermittent times to be set by the City in its reasonable discretion thereafter, the City shall conduct routine testing and training services for both City and District personnel, including without limitation active shooter trainings. Access for testing and training will be done during Non-School Hours at times mutually agreed upon by the City and the District. During such testing and training exercises, the District shall be responsible for ensuring that no students will be present in areas covered by the camera feeds. Notwithstanding the foregoing, by mutual agreement with the City and District, appropriate City police personnel (or their Real Time Watch Center designees) may test and train during School Hours in areas where students are present, provided both the City and District cooperate and communicate simultaneously throughout the exercise.

The City shall give at least 14 calendar days’ notice of such testing and training.

D. As part of routine maintenance and administration of their respective DVMS systems, both parties are encouraged to communicate to the other party if they become aware of any cameras that may be non-operative. This routine maintenance and administration may occur at any time and does not require 14-day noticing.

E. Following network integration, District shall not install new hardware, software or equipment that materially interferes with the operations of the City without the prior approval of the City.

City Access in Emergency Situations.

A. In connection with an emergency and when necessary to protect the health or safety of a student or other persons, the District shall allow the City's police personnel to access all of the District's CCTV camera feeds pursuant to 20 USC Section 1232g(b)(l)(I) and California Education Code Section 49076(a)(2)(A). Except as provided herein, the City shall not access the District CCTV camera feeds without the express written consent of the District. The City shall not download any video content from the camera feeds unless authorized in writing by the District’s superintendent, or his or her designee. The Parties shall work together to ensure any image or information obtained through the cameras provided herein comply with all applicable regulations regarding confidential student records.

B. The Parties acknowledge that the City and District currently share certain camera views through interconnected systems, including City camera views adjacent to District facilities and District camera views shared with BHPD. Following the transfer of the DVMS to the District, the Parties intend for this camera-sharing arrangement to continue for school safety, public safety, and emergency response purposes. Throughout the term of this JPA, the City shall continue to provide the District with access to City camera views currently available to the District at the time of the initial transfer of the DVMS. If the City installs new camera views adjacent to District facilities, and the City, in its sole discretion, deems such new camera views appropriate for sharing with the District, the City may collaborate with District staff to make the camera views available to the District. The District shall continue to share the District camera views available to the City at time of the transfer of the DVMS. The District shall make available to the City all new camera views installed during the term of this JPA; provided, however, the District may elect not to make cameras available to the City to the extent such cameras are located in areas where private or confidential matters are being discussed, including without limitation the Superintendent’s office, or at District facilities located outside of the City. Access to District camera views shall be limited to authorized BHPD personnel designated by the Chief of Police (including without limitation Virtual Patrol Officers, Civilian Investigators, and Discovery Media Technicians), and City systems support staff designated by the City’s Chief Information Officer, and shall not be provided to other City personnel, contractors, vendors, outside agencies, or other third parties without the District’s prior written approval, except as required by law.

C. The District shall allow an appropriate number, reasonably agreed upon by the Parties, of external user log-ins to the VMS to City police personnel for use in emergency situations, including without limitation any necessary DNS, DHCP, DNS gateway configurations on District systems.

D. The City's log-in(s) to the VMS shall be recorded by the City and made available to the District upon request. Such log-in(s) constitute the District's release of the video camera records to the City. The District agrees that release in such emergency situations is necessary to protect the health or safety of students and other individuals at the respective school site.

E. The District's release of the video camera feed to the City is for the express purpose of addressing real-time emergency situations. Except as otherwise authorized in this MOU or in writing, the City shall not use the video camera feed(s) for any purposes other than for addressing such real time emergency situations.

F. Except as otherwise required by law or authorized in this Agreement or in writing by the District, the City shall not permit any party to access the video camera feed.

G. In the event that viewing the video camera feed results in the City’s receipt of a student's personally identifiable information, the City shall not disclose such information from the video camera feed to any third party without the prior consent of the parent or eligible student unless otherwise permitted by 34 C.F.R. § 99.33(b) or required by law.

H. Upon request by the District and provided that such information is in the City’s possession, the City shall provide the District with information regarding person(s) who viewed the video camera feed and the purpose for which the person(s) accessed the video camera feed.

I. While this MOU is in effect, the City will continue to provide Wide Area Network (WAN) services that interconnect all the campuses and the District office. To enable this, the City may require rack space for City-owned equipment in a District MDF or IDF closet at each of the campus or office sites served. The District shall allow the City to use the District’s rack space at no cost to the City. The City may elect to relocate the demarcation points from the IDF closets to an enclosure in the public right-of-way adjacent to the school sites. Should relocation occur, City staff will coordinate with the District networking staff. The Parties acknowledge that such relocation may result in temporary service outages, and the City shall not be liable for any disruptions attributable to the such temporary service outages. To accommodate voice and data communication at sites where the City is providing after school or weekend programming, the District, at no cost to the City, shall provide the City internet access via the District’s wired and wireless guest networks. The District will provide a Layer 1 dark fiber connection from Horace Mann Elementary School to the Spectrum headend for the KBev video streaming. The current list of City equipment by location includes, but is not limited to:

Horace Mann Elementary School
Dark Fiber:

Metro L1 (BHUSD TV streaming)
1X Extreme XOS Switch
Metro L2 (Point to Point Data Service for Schools) - 10Gbps Metro L2 IPTV Camera (Backhaul Services to Milestone) - 1Gbps Hawthorne Elementary School
1X Extreme XOS Switch
Metro L2 (Point to Point Data Service for Schools) - 10Gbps Metro L2 IPTV Camera (Backhaul Services to Milestone) - 1Gbps El Rodeo Elementary School
1X Extreme XOS Switch
Metro L2 (Point to Point Data Service for Schools) - 10Gbps Metro L2 IPTV Camera (Backhaul Services to Milestone) - 10Gbps District Office & Beverly Hills High School
2X Extreme XOS Switches
Metro L2 (Point to Point Data Service for Schools) - 1Gbps Metro L2 IPTV Camera (Backhaul Services to Milestone) - 10Gbps Metro L3 (Internet Service Provider) - 1Gbps
Beverly Vista Middle School
1X Extreme XOS Switch
Metro L2 (Point to Point Data Service for Schools) - 1Gbps Metro L2 IPTV Camera (Backhaul Services to Milestone) - 10Gbps For the avoidance of doubt, the City equipment shall remain the property of the City at all times. The District shall not unreasonably deny the City access to the equipment.

J. The District shall be solely responsible for determining the location, purpose, camera angle, field of view, retention settings, and operational use of District cameras and camera views, whether located on District property or elsewhere, subject to applicable federal, state, and local law and any permissions that may be required from the owner or the controlling person, entity or authority of the property where the camera is located. The District may add, move, or delete cameras which are part of the DVMS as appropriate for the District’s business purposes.

Cable Television Programming
A. The District at the District’s sole cost and expense shall provide programming or make available to the City airtime for City programming, for a minimum of Five Hundred Twenty (520) hours per year on KBEV, the District's television station, for programs of public interest, including without limitation educational and community related programs (“General Programming”).

B. In addition to the Five Hundred Twenty (520) hours of General Programming, the District shall broadcast public service announcements provided by the City concerning emergency preparedness (each, a “Public Service Announcement”). Each Public Service Announcement provided by the City shall be broadcast at least once per day on at least five (5) days per week, provided however, that the District need not broadcast more than thirty (30) minutes of public service announcements provided by the City in any one day.

Beverly Hills Police Radio
A. The parties acknowledge that the BHUSD District Command Center currently has access to one (1) City-issued mobile radio capable of receiving and transmitting on the BHPD primary dispatch channel, and transmitting on that channel during emergencies or serious incidents. The City shall continue to support the mobile radio equipment and the District’s access to the dispatch channel during the term of this MOU for school safety, public safety, emergency preparedness, and emergency response coordination, subject to applicable law, City and BHPD radio policies, and reasonable operational and security requirements. The District shall immediately return the mobile radio to the City and/or BHPD upon any request of the City and/or BHPD, which may be made at any time in the City and/or BHPD’s sole discretion. As used in this Agreement, the “BHUSD District Command Center” refers to the district’s dedicated security operations center, which is staffed by trained personnel who monitor over live camera feeds across all school sites.

B. The District shall ensure that District personnel with access to BHPD radio communications comply at all times with all applicable Criminal Justice Information Services (“CJIS”), California Law Enforcement Telecommunications System (“CLETS”), and Federal Communications Commission (“FCC”) policies, laws, mandates, requirements, and any other related legislation, legal orders, and directives. The District shall comply with all confidentiality, training, and security requirements as set forth by BHPD and by local, state, and federal laws and requirements. The District acknowledges that all BHPD radio communications are encrypted and may include confidential, sensitive, personally identifiable information or information intended only for legally authorized users. District personnel shall not disclose such information to anyone or any entity except as authorized by BHPD.

C. The District shall not allow or permit anyone other than District staff directly assigned to the District Command Center to operate the BHPD radio, listen to BHPD radio communications, or relay or share any BHPD radio communications. Furthermore, no BHPD radio communications may be rebroadcast at any time, whether by radio or other means such as electronics, cellphones, social media, and application software, without receiving express approval from BHPD.

Unmanned Aircraft Systems Operations
The District shall coordinate with the City regarding all aerial operations by, or with the permission or participation of, the District, including without limitation helicopter and airplane operations, and Unmanned Aircraft Systems (“UAS”) operations (“UAS Operations”), to ensure public safety, effective airspace deconfliction, and the prioritization of law enforcement missions within the City of Beverly Hills and surrounding areas. District UAS Operations include but are not limited to filming, conducted within the geographic boundaries of the City, at all District-owned or operated facilities, or in any other mutually agreed-upon operational areas. Both parties acknowledge that the District operates a UAS program on and above District-owned, operated, and leased property for facility inspection, safety assessments, emergency situational awareness on District-owned and leased property, and educational uses, while the Beverly Hills Police Department (“BHPD”) operates a citywide and multi-agency UAS program for emergency response, active police incidents, search and rescue, crime scene management, and other public safety missions. The City and District shall each maintain independent control, supervision, training, certification, and policy compliance for its respective UAS program.

All aerial operations by, or with the permission or participation of, the City, including without limitation helicopter and airplane operations and UAS Operations, shall take operational priority over District aerial operations, including without limitation UAS Operations, in all circumstances. Upon notification from the City, the District shall immediately land all airborne aircraft as soon as safely practicable or vacate the operational airspace as directed by the City and shall keep its aircraft grounded until BHPD provides clearance. BHPD retains full authority to restrict, delay, direct, or prohibit District UAS flights when necessary to protect life and safety, deconflict operations (including non-UAS Operations), or support other response, deployment, or ongoing operations.

The District shall designate a UAS Program Coordinator to oversee operational communications, flight notifications, conflict resolution, and emergency coordination with the City. When simultaneous operations are anticipated, the District shall maintain real-time communication via phone or radio and share relevant information on flight altitudes, operating zones, and mission parameters. If real-time communication between the District and BHPD is disrupted for any reason, the District shall immediately ground its aircraft. The District shall establish vertical or geographic separation or sequence operations to avoid simultaneous flights. All aerial operations (including without limitation UAS Operations) conducted by the District shall comply with applicable federal, state, and local regulations, including FAA regulations, Part 107 requirements, waivers, Certificates of Authorization, and Temporary Flight Restrictions.

The District shall notify the BHPD Watch Commander or designated City UAS contact immediately prior to launch of any aircraft owned by or operated with the permission or participation of the District, including without limitation District UAS aircraft, on the day of operation, providing the launch time, the real-time anticipated flight path, and the estimated recovery time. If the District deploys aircraft due to an emergent safety issue, the District shall notify BHPD prior to the launch of the aircraft (or, if prior notice is not possible, then immediately after launch of the aircraft), provide real-time operational details, and yield operational priority to City aircraft consistent with this MOU.

The District shall ensure that all pilots are properly certified, that training meets Federal Aviation Administration (“FAA”) standards, that aircraft are maintained in airworthy condition, that appropriate safety protocols are followed, and that training complies with federal, state, and local regulations, including the FAA Part 107 requirements.

For de-confliction purposes, the District shall notify BHPD as soon as possible prior to any operations (including UAS and non-UAS operations) in which the District participates and which involve aerial assistance from the Los Angeles Police Department, the Los Angeles County Sheriff's Department, Metro Law Enforcement, or any state or federal agency.

Automatic License Plate Reader (ALPR)
The purpose of this Section is to establish the terms and conditions governing the installation, operation, data access, and oversight of Automated License Plate Reader (“ALPR”) systems installed by the District that capture license plate data from, or otherwise affect, the City’s public right-of-way (“ROW”).

The District shall obtain prior written approval from the City before installing any ALPR system (for example, Flock, Vigilant, or Axon systems) that captures data from the ROW, regardless of the system's physical location, including when it is located on District property. In connection with the installation of all ALPR systems, the District complies with all federal, state, and local regulations, including obtaining all necessary permits.

Any ALPR system installed by the District that captures data in the ROW shall be subject to City review and approval of its location, camera angles, coverage areas, and mounting specifications. The City shall have full, unrestricted, real-time or near-real-time access to all ALPR data collected from or affecting the ROW to the extent any District ALPR system has such sharing capabilities. Such access shall include license plate reads, associated images, date and time stamps, and geolocation data, if utilized. The District shall not restrict, delay, redact, or otherwise limit the City’s access to such data. Data shall be made available through direct system integration or secure platform access, as approved by the City.

Compatibility shall include the ability to integrate via application programming interfaces or direct connectivity, to use standardized data formats, and to support real-time data sharing of the District's license plate readers that are capturing any part of the public right of way. The District acknowledges that it is not a law enforcement agency and does not assume that role by integrating its ALPR system with the City’s existing ALPR system. In purchasing, acquiring, or deploying any ALPR system, the District shall clearly disclose, and shall not represent, either expressly or by omission, that it is a law enforcement agency.

The City shall retain oversight authority over all ALPR systems affecting the ROW and may audit system use, review compliance, require corrective action, and suspend or terminate operations in the event of noncompliance.

The District shall be solely responsible for all costs associated with the procurement, installation, operation, and maintenance of ALPR systems. All equipment shall be maintained in good working order and in compliance with applicable federal, state, and local regulations and reasonable safety and technical standards.

City of Beverly Hills SP Parking permits
The City shall provide the District with SP parking permits, for use by the parties identified in and subject to the conditions of Beverly Hills Municipal Code (BHMC) Section 7-3-124, or any successor ordinance thereto.

Insurance
The District and City shall each maintain in full force and effect during the Term of this MOU, commercial general liability insurance, insuring each party against liability as may arise pursuant to each party's respective indemnity obligations pursuant to this MOU. Both the District and the City have the right to comply with this Section 8 by provision of self-insurance.

Indemnification
A. It is understood and agreed that, pursuant to Government Code Section 895.4, the District agrees to indemnify, defend and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from all claims, suits or actions of every name, kind and description, including attorneys’ fees and costs, brought for or on account of injury (as defined in Government Code Section 810.8) arising from the acts or omissions of the District, the Board of Education of the District (the “Board”) and each member of the Board, and every officer, employee and agent of the District, in connection with its obligations and performance under this MOU.

B. It is understood and agreed that, pursuant to Government Code Section 895.4, the City agrees to indemnify, defend and hold harmless the District, the Board, and each member of the Board, and every officer, employee and agent of the District, from all claims, suits or actions of every name, kind and description, other than those related to the disclosure of records pursuant to Education Code Section 49060 et. seq. and/or 20 USC Section 1232g, including attorney fees and costs, brought for or on account of injury (as defined in Government Code Section 810.8) arising from the acts or omissions of City, and every officer, employee and agent of the City, in connection with its obligations and performance under this MOU.

D. This section shall survive the expiration or earlier termination of this MOU.

Force Majeure
Neither party hereunder shall be deemed to be in default where delays or failures to perform are due to Force Majeure. For purposes of this MOU, the term "Force Majeure" shall have the same definition as set forth in the JPA. Any Party intending to rely upon Force Majeure to forgive performance shall give notice of the Force Majeure and the full particulars of such Force Majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on. The Parties hereby acknowledge that the Coronavirus (COVID-19) qualifies as a “pandemic” as set forth with the following requirements. Both Parties shall work together in good faith to ensure compliance with any regulation, requirement, or guidelines issued by any government agency related to the COVID-19 virus applicable to any activity authorized by this MOU including but not limited to, implementing social distancing measures and requiring masks during any property use. In the event the District, in its sole discretion, determines that any scheduled event or activity pursuant to this MOU must be cancelled or revised due to current or future COVID-19 conditions, the District shall notify the city in writing and the Parties shall work together in good faith to modify this MOU or any specific use to address COVID-19 safety concerns.

Breach, Default and Remedies
C. If, at any time, either party determines that the other party has failed to perform a material term or provision of this MOU, then the party identifying the alleged breach shall provide written notice to the other party specifying in detail the nature of the alleged breach and the manner in which the alleged breach may be satisfactorily cured. Notice shall also be provided to the District co-administrators via email.

D. Upon receipt of the notice of breach, the alleged breaching party shall promptly commence to cure, correct or remedy the identified breach at the earliest reasonable time after receipt of the notice of breach and shall complete the cure, correction or remedy of such breach promptly and within fortyfive (45) days after receipt of the notice. However, if the breach is not reasonably susceptible of being cured within forty-five (45) days, then a default shall exist only if the cure of the breach is not commenced within the forty-five (45) day period or thereafter is not diligently prosecuted to completion. To facilitate a resolution of the alleged breach, the City Manager and the Superintendent, or their representatives, shall meet within ten (10) days of any notice of breach to attempt to find an appropriate cure for the breach and to otherwise resolve the parties' disputes unless the breach has been cured before such meeting.

1. If, after providing the District with notice and an opportunity to cure as provided this Subsection B, the District fails to perform its obligations under this MOU or fails to maintain its facilities or equipment as required by this MOU, and, as a result of the District's failure to maintain its facilities and equipment, the City is required to purchase equipment or supplies in order to properly conduct its operations under this MOU, then City may deduct the costs of such equipment or supplies from the next payment due to the District.

5. Upon compliance with the provisions of Subsections A and B, the parties shall have all of the remedies available at law or equity. The remedies set forth in this Subsection B are in addition to, and not in lieu of, any remedy available at law or equity.

No Agency; Independent Parties
The parties are independent entities, and nothing in this MOU shall be deemed or construed to create any partnership, joint venture, or agency relationship between them. The District, its officers, employees or agents, shall not represent, hold themselves out, or permit any person to represent themselves as, an agent, partner, or legal representative of the City, BHPD or any other law enforcement agency for any purpose, including without limitation in relation to the acquisition of monitoring or broadcasting technology.

No Overtime Payments
Nothing in this MOU shall be interpreted to require the City to pay overtime or any other compensation whatsoever to District staff for performing any obligations under this MOU.

Notice
Any notice required by this MOU shall be served upon the party personally or by overnight courier service during regular business hours and shall be deemed received on the day of delivery. Notices to the City shall be addressed to City Manager, City of Beverly Hills, 455 North Rexford Drive, Fourth Floor, Beverly Hills, California 90210. Notices to the District shall be addressed to Schools Superintendent, Beverly Hills Unified School District, 624 N Rexford Dr. Drive, Beverly Hills, California 90210.

Amendments to MOU
Any amendments, modifications or variations from the terms of this MOU shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Council of the City and the Board of Education of the District.

Reimbursement of Funds
In the event a court of competent jurisdiction holds (i) that any money paid to the District under this MOU has been expended by the City without proper authority, and (ii) that the money must be refunded to the City by the District, and/or that individual members of the City Council are personally liable to the City for any such expenditures, the District shall reimburse the City and/or individual members of Council for any such payments up to the amount specified in the judgment or court order, but not to exceed the total payments already made by the City under this MOU. This section shall survive the expiration or earlier termination of this MOU.

Extension of Term of Agreement
The City and the District shall make reasonable efforts to commence discussions no later than July l, 2027 regarding whether the Term of this MOU shall be extended; provided, however, that the Term of this MOU may be extended only if, and only to the extent that, the term of the JPA is concurrently extended.

Such decision shall be in the sole discretion of the City. Nothing contained in this MOU shall be construed to require either the City or the District to extend the Term of this MOU or to enter into a new agreement.

Severability Clause
If any provision of this MOU or the application thereof to any person or circumstance is held invalid, only those invalid provisions shall cease and become null and void. 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. Should the exclusion of those provisions render the MOU contrary to the intent of the parties, the City and the District shall use their best efforts to restructure the MOU consistent with the original intent of the parties. If the City and the District are unable to agree after utilizing their best efforts, this MOU shall become null and void upon thirty (30) days written notice, and at the election of, either party hereto.

Compliance with Law
In performing its obligations under this MOU, each party shall undertake its respective activities in compliance with all applicable local, state and federal laws.

Interpretation of Agreement
The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this MOU or any other rule of construction which might otherwise apply. The section headings are for purposes of convenience only.

Entire Agreement
This MOU represents the entire integrated agreement between the City and the District, and supersedes all prior negotiations, representations or agreements, either written or oral. This MOU may be amended only by a written instrument pursuant to the terms of the MOU.

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

Attorneys’ Fees
In the event that the City or the District commences any legal action or proceeding to enforce or interpret the provisions of this MOU, the prevailing party in such action shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Nondiscrimination
In the performance of this MOU, the parties assure 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 MOU 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). The parties 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. [Signatures to Follow]

EXHIBIT D
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B0785-0001\3246348v4.doc
Executed on the day and year first above written, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
_______________________________________
CRAIG A. CORMAN
Mayor of the City of Beverly Hills, California
ATTEST:
_______________________________ (SEAL)

HUMA AHMED
City Clerk

BEVERLY HILLS UNIFIED SCHOOL DISTRICT
_________________________________________

JUDITH MANOUCHEHRI
President, Board of Education
_________________________________________

ALEX CHERNISS
Secretary and Superintendent, Board of Education
(Signatures continue)
Exhibit C
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B0785-0001\3246348v4.doc
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________________ _______________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
_________________________________ ______________________________ TYREE DORWARD SHARON L’HEUREUX DRESSEL
District Counsel Risk Manager
Exhibit E
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B0785-0001\3246348v4.doc

EXHIBIT E
Memorandum of Understanding for the School Resource Officers Program A. The District is in need of special services available through the School Resource Officer ("SRO") Program.

B. The City employs sworn peace officers specially trained, experienced and competent to provide the Services, and the City is willing to provide SRO services to the District on the terms and in the manner provided herein.

C. The City and the District desire to have a working partnership so as to provide the District with one or more full time sworn officer(s) with the Beverly Hills Police Department ("BHPD") who shall function as SROs to promote safety in the learning environment. The services provided by the SROs shall be limited to school campuses in need of an SRO presence, as mutually determined by the City and the District. The services provided by the SROs are not intended to supplant those provided by any of the District’s existing security personnel.

1. The City shall provide SROs in accordance with the City's employment procedures and conditions. The City, in its sole discretion, shall determine which SROs will be assigned to perform the Services.

D. SROs shall be stationed in and around the assigned schools during School Hours Monday through Friday, provided however, that such services shall be performed under the supervision and control of the Beverly Hills Chief of Police ("Chief of Police").

1. SROs shall perform their duties in full police uniform. This uniform will include safety equipment designated for use by sworn field personnel pursuant to BHPD policies and practice.

2. The City shall use its best efforts to ensure that the same person provides SRO services to the same campus except when they are on paid leave or otherwise absent. Subject to provisions of relevant City personnel policies or labor agreements, the City shall use its best efforts to schedule SROs so that at least one SRO is on duty each day that school is in session. However, SROs shall be available for emergency calls off the campuses as determined by the Chief of Police.

E. The duties of the SROs will primarily include, but will not be limited to:

1. Check in with Director of School Safety via text upon arrival to any District campus.

2. Make themselves visible on campus during School Hours, and, in doing so, be part of the school crime prevention efforts.

3. Establish and maintain a liaison between District and BHPD staff, and elements of the juvenile justice system.

4. Serve as a resource to District staff including administrators, faculty, and security personnel as well as students and their guardian(s) on all law enforcement-related issues including crime prevention and investigations.

Exhibit E
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B0785-0001\3246348v4.doc
F. City may, in the sole discretion of the Chief of Police, perform the following discretionary services:

1. Conduct patrol activity in and around the designated campuses.

2. Conduct preliminary and follow-up investigations of crimes that occur on or near the designated campuses.

3. Maintain a strong presence during peak activity times such as student drop off and pick up.

4. Additional security services requested by the District. District may request in writing that City provide additional services by an SRO during evening or weekend events such as PTA meetings, Back-to-School Nights, Open House(s), sporting event(s), dance(s), prom(s) or other District sponsored events that are not covered by this Memorandum of Understanding. Such notice shall be provided no less than thirty (30) days prior to the scheduled date of the event. In such cases, the Chief of Police may agree to provide the requested services pursuant to a separate written agreement that will establish the specific terms and conditions of the additional service, including the specific payment and personnel involved. The District shall pay to the City all costs that the City incurs in providing the additional requested services in excess of the amount authorized in Section

6.D of this Agreement. The District understands that the City is generally required to pay SROs at least one and one-half (1½) times their regular rate of pay for overtime.

G. The District shall perform the following mandatory services:

1. Designating its Executive Director of School Safety/JPA, or an alternate as designated by the Superintendent, as a liaison to the BHPD. The Director or his/her designee shall:
(a) facilitate communication between District personnel and the SROs; and (b) help coordinate the SROs' activities with District activities and events.

2. Cooperating with the SROs as requested.

EXHIBIT F
Quarterly Payment Schedule
Invoice Date Quarterly Base Payment
August 1 1
st Quarterly
Payment
FY 26-27: $3,437,500
FY 27-28: $3,250,000
FY 28-29: $3,062,500
November 1 2
nd Quarterly
Payment
FY 26-27: $3,437,500
FY 27-28: $3,250,000
FY 28-29: $3,062,500
February 1 3
rd Quarterly
Payment
FY 26-27: $3,437,500
FY 27-28: $3,250,000
FY 28-29: $3,062,500
May 1 4
th Quarterly
Payment
FY 26-27: $3,437,500
FY 27-28: $3,250,000
FY 28-29: $3,062,500