HomeMy WebLinkAboutItem 2h - Jail Services
DATE: June 20, 2017
TO: Honorable Mayor and City Council
FROM: Robert Guthrie, Chief of Police
By: Jennifer Brutus, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH G4S SECURE
SOLUTIONS, INC. FOR JAIL SERVICES IN THE AMOUNT OF
$859,048.32
Recommendation: Approve
SUMMARY
The City has a Professional Services Agreement with G4S Secure Solutions, Inc.
(“G4S”) for jails services and the current agreement expires on June 30, 2017. It is
recommended that the City Council approve and execute a new Professional Services
Agreement with G4S for three years, with an option to renew for three additional one-
year periods at a cost not to exceed $286,349.44 per year.
BACKGROUND
The Arcadia Police Department jail is a 20-bed “Type I Jail Facility,” as described in the
California Code of Regulations, Title 15. A Type I jail is a local detention facility where
persons are held for not more than 96 hours (excluding holidays) after booking. The jail
holds inmates prior to court arraignment and/or pending release as well as Pay-to-Stay
inmates.
Since the inception of the Jail, the Arcadia Police Department has maintained a positive
reputation for the efficient and effective handling of operations, supervision, and
management of the facility. Since 2012, the Arcadia Police Department has been in
contract with G4S for jail services, which includes all labor, tools, equipment, materials,
and supervision necessary to provide for a safe, efficient operation of the City’s Type I
Jail Facility. Over the course of the agreement, G4S and the City have worked together
to garner quality jailers who meet the City’s employment standards and high level of
performance expectations. The company’s custody officers have staffed the jail twenty-
four hours per day, seven-days per week, and 365 days per year.
G4S Secure Solutions, Inc. – Jail Services
June 20, 2017
Page 2 of 3
Under the existing six-year Agreement, the contract price with G4S remained constant
until 2014. The jail staff was granted a 2.5% hourly wage increase (FY2014-15:
$250,203) followed by another 2% increase in 2015 (FY2015-16: $256,458). In 2016,
the contract price increased by 2.5% (FY2016-17: $261,600) to cover additional tax and
health insurance costs, and the company indicated further increases would be inevitable
in the future.
The current Agreement with G4S expires on June 30, 2017. While G4S’s performance
has been positive and adequate over the past five years, it is the City’s purchasing
policy that a new Request for Proposals be conducted regularly to evaluate cost-
effectiveness and performance standards. Therefore, a formal Request for Proposals
was conducted in January 2017 to ensure the best and most qualified jail services
company was being utilized to meet the needs of the City.
DISCUSSION
After a three week submission period during which a Notice Inviting Proposals was
published three times in the Arcadia Weekly, one jail services proposal was received
from G4S Secure Solutions, Inc. on February 1, 2017. The Police Department is aware
of one other company that provides jail services – GEO Group, a Florida-based
company. They bid back in 2012 when the Department first privatized jail services. Their
costs were double the G4S price at that time ($458,338 vs. $244,082). Their company
practice is to staff two jailers per shift, whereas Arcadia only staffs one jailer per shift,
which was the main reason for the large discrepancy.
Under the new Agreement, which will be for a three-year period with the option to renew
for three additional one-year periods, the contract price will be $286,349.44 per year
(about 9% higher than FY2016-17). This includes a 2.5% hourly wage increase and one
promotion for a senior jailer position. Due to a shortage in senior level jail supervisors
and a competitive market, the Department would like to invest in a retention strategy by
promoting its current Jail Supervisor to a Jail Superintendent. The current cost proposal
is also based on current health insurance rates; however, any future healthcare reform
will likely require changes that may significantly impact rates. G4S will communicate any
future changes in a timely manner and any such increases will be presented to the City
Council for approval along with an amendment to the contract.
Overall, G4S is a qualified firm that has the experience to continue providing services to
the City. Other nearby agencies that currently contract with G4S for jail services include
the Cities of Azusa, Whittier, Buena Park, Irvine, Costa Mesa, Bell, and Beverly Hills.
Therefore, it is recommended that the City Council approve G4S as the Department’s
provider of jail services for the period of July 1, 2017, through June 30, 2020, with the
option to renew on a year-to-year basis for three additional one-year periods.
G4S Secure Solutions, Inc. – Jail Services
June 20, 2017
Page 3 of 3
FISCAL IMPACT
The first-year cost ($286,349.44) has been budgeted in the City’s FY 2017-18 Operating
Budget. Years two and three will be budgeted in their respective operating budgets for
FY 2018-19 and FY 2019-20.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Professional Services Agreement with G4S Secure Solutions, Inc.
for jail services in the amount of $859,048.32.
Attachment: Proposed Professional Services Agreement
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENTREGARDING
OPERATION OF THE ARCADIA POLICE DEPARTMENT’S
TYPE 1 JAIL FACILITY
1.P ARTIES AND D ATE.
This Agreement is made and entered intothis ____ day of June, 2017by and
between the City of Arcadia, acharter city organized under the Constitution and laws of
the State of California with its principal place of business at 240 West Huntington Drive,
Arcadia, California 91066-6021 ("City") and G4S Secure Solutions, Inc., a Florida
Corporation with its principal place of business at 4929 Wilshire Boulevard, Suite 601,
Los Angeles, California 90010("Consultant"). City and Consultant are sometimes
individually referred to as “Party” and collectively as “Parties.”
2.R ECITALS.
2.1Consultant.
Consultantdesires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providingprofessional
Type I Jail Facilities Operationsto public clients, is licensed in the State of California,
and is familiar with the plans of City.
2.2Project.
City desires to engage Consultant to render such services for the Type I Jail
Facilities Operationsproject (“Project”) as set forth in this Agreement.
3.T ERMS.
3.1Scope of Services and Term.
3.1.1General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary worknecessary to fully and adequately supply the professional Type I Jail
facilities operations, including but not limited to, receiving, processing, detaining,
monitoring, transporting and/or releasing adults and juveniles arrested or detained by
officers ofthe Arcadia Police Department, and performing other related duties as
outlines in the Arcadia Police Department Manual and the Arcadia Police Department
Jail Manual, asnecessary for the Project ("Services"). The Services are more
particularly describedin Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.To the extent that any
provisions of Exhibit “A” and the Agreement conflict, this Agreement shall govern.
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3.1.2Term. The term of this Agreement shall be from July 1, 2017to
June 30, 2020,unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.1.3 Term Extension. This Agreement may be extended by mutual
agreement of the Parties on ayear-by-year basis for a maximum of three (3) one (1)
year additional terms. If such option is exercised, the terms and conditions quoted
herein (with the exception of pricing) are to remain firm for the term extension(s) of this
Agreement. Any adjustments to pricing shall be agreed to by the Parties in writing prior
to the commencement of any term extension(s).
3.2Responsibilities of Consultant.
3.2.1Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall atall times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference
(any and all references in Exhibit “B” to “G4S” shall be one the same as “Consultant” as
defined in this Agreement). Consultant represents that it has the professional and
technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant
shall provide a more detailed schedule of anticipated performance to meet the Schedule
of Services.
3.2.3Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
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personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by theCity to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Mark Tsuji (Regional Vice President) and Keith Boles (General Manager,
Los Angeles Area Office)
3.2.5City’s Representative. The City hereby designates the Chief of
Police, or his or her designee, toact as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders fromany person other than the City’s Representative or his or her
designee.
3.2.6Consultant’s Representative. Consultant hereby designates Keith
W. Boles, General Manager of the Los Angeles Area Office,or his or her designee,
to act as its representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to represent and
act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s
Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8Standard of Care; Performance of Employees.Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to performthe Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.9Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employeesand agentsfree and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its directors, officials, officers and
employees, from any liability, damages or causes of action arising out of or relating to
any claims that Consultant's employees, or the employees of any subcontractor hired by
Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and/or any other claims based upon alleged IRCA violations committed
by Consultant or Consultant's subcontractor(s).
3.2.10Insurance.
3.2.10.1Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant’s policies of insurance.
3.2.10.2Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer’s consent to naming City, its directors, officials, officers,
employees, agents and volunteersas an additional insured with proof of certificate of
insurance that they are anadditional insured. Consultant’s naming of the City, its
directors, officials, officers, employees, agents and volunteers as additional insureds on
its liability policies pursuant to this Agreement shall afford coverage only for the
negligent actions, omissions, or willful misconduct of Consultant and shall in no event
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be construed for any purpose so as the make Consultant or the issuer of such policies
liable for the negligent acts, omissions, or willful misconduct of City, its directors,
officials, officers, employees, agents and volunteers. Such insurance shall meet at least
the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform property damage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance.
The City, its directors, officials, officers, employees, agents and volunteersshall be
listed as additional insured. Any deductibles or self-insured retentions must be declared
to and approved by City and conform to the requirements provided in Section 3.2.10.6
herein.
(B)Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability:$5,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of $5,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used,either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability:$1,000,000 combined single limit per accident
for bodily injury andproperty damage; and (3) Workers’ Compensation and Employer’s
Liability:Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A)General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteersshall be covered as additional insured with respect to liability arising out
of Services operationsto the extent of Consultant’s indemnity obligations under written
Agreement, including materials, parts or equipment furnished in connection with such
work; and (2) the insurance coverage shall be primary insurance as respects the City,
its directors, officials, officers, employees,agents and volunteers,or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees and volunteers, or if excess, shall stand in an
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unbroken chain of coverage excess of the Consultant’sscheduled underlying coverage.
Consultant’s naming of the City, its directors, officials, officers, employees, agents and
volunteers as additional insureds on its liability policies pursuant to this Agreement shall
afford coverage only for the negligent acts, omissions, or willful misconduct of
Consultant and shall in no event be construed for any purpose so as to make
Consultant or the issuer of such policies liable for the negligent acts, omissions, or
willful misconduct of City, its directors, officials, officers, employees, agents and
volunteers. Any insurance of self-insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be in excess of the
Consultant’s insurance and shall not be called upon to contribute with it in any way,
except that it will contribute to it in relation to the negligent acts, omissions, or willful
misconduct of the City, its directors, officials, officers, employees, agents and
volunteers.
(B)Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers,employees,
agents and volunteersshall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverageshall be primary insuranceas respects the City,its
directors, officials, officers, employees, agents or volunteers. Consultant’s naming of the
City, its directors, officials, officers, employees, agents and volunteers as additional
insured on its liability policies pursuant to this Agreement shall afford coverage only for
the negligent acts, omissions, or willful misconduct of Consultant and shall in no event
be construed for any purpose so as to make Consultant or the issuer of such policies
liable for the negligent acts, omissions, or willful misconduct of City, its directors,
officials, officers, employees, agents and volunteers. Any insurance of self-insurance
maintained by the City, its directors, officials, officers, employees, agents and
volunteersshall be in excess of the Consultant’s insurance and shall not be called upon
to contribute with it in any way, except that it will contribute to it in relation to the
negligent acts, omissions, or willful misconduct of the City, its directors, officials,
officers, employees, agents and volunteers.
(C)Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteersfor losses paid under the
terms of the insurance policy, to the extent of Consultant’s indemnity obligation under
this Agreement,which arise from work performed by the Consultant.
(D)All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after prior written notice to the City, in accordance with the policy
provisions, by certified mail, return receipt requested of cancellation, of intended non-
renewal or endorsement reduction in limit or scope of coverage; provided, however, that
in the event of cancellation due solely to non-payment of premium, ten (10) days notice
of cancellation for non-payment of premium may instead be given to the City.; and (B)
anyfailure to comply with reporting or other provisions of the policies, including
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breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.4Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.5Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
directors, officials, officers, employees, agents and volunteers; or (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.2.10.6Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best’s rating no less than A:VII, admitted or approved
todo business in California, and satisfactory to the City.
3.2.10.7Verification of Coverage. Consultant shall furnish City
withcomplete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested, subject tothe policy terms, conditions, and
exclusions. Copies of all certificates and endorsements must be received and approved
by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.Consultant shall provide
copies of declaration pages of policies upon request.
3.2.10.8Safety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.9Material Breach. Lack of insurance does not negate
Consultant’s obligations under this Agreement. Maintenance of proper insurance
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coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3Fees and Payments.
3.3.1Compensation. Consultant shall receive compensation, including
reimbursements which receive the City’s prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit"C" attached hereto and
incorporated herein by reference(any and all references in Exhibit “C” to “G4S” shall be
one the same as “Consultant” as defined in this Agreement. The total compensation
shall not exceed Two Hundred Eighty-Six Thousand Three Hundred Forty-Nine
Dollars and Forty-Four Cents ($286,349.44)per yearwithout written approval of the
City Manager. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.3.2Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within forty-five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
3.3.3Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4Accounting Records.
3.4.1Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours, upon reasonable notice,to
examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a
period of three (3) years from the date of final payment under this Agreement.
3.5General Provisions.
3.5.1Termination of Agreement.
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3.5.1.1Grounds for Termination.Either Consultant or City
may, by written notice to the other Party, terminate the whole or any part of this
Agreement at any time and without cause by giving written notice to the other Partyof
such termination, and specifying the effective date thereof, at least ninety (90)days
before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.A termination without cause by City shall not act as or
be deemed a waiver of any potential known or unknown City claims associated with
Consultant’s performance prior to the date of termination.
3.5.1.2Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant:
G4S SecureSolutions, Inc.
4929 Wilshire Blvd., Suite 601
Los Angeles, CA 90010
Attn: Keith W. Boles, General Manager
City:
City of Arcadia
Police Department
250 West Huntington drive
Arcadia, CA 91007
Attn:Chief of Police
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
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3.5.3Ownership of Materials and Confidentiality.
3.5.3.1Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement (“Documents & Data”). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2Confidentiality.Except as otherwise required by
California law, all ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or
the Project. Nothing furnished to Consultant which is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
3.5.4Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, agents and
volunteersfree and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement and rising to a level of legal liability,including
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without limitation the payment of all reasonableattorney’s feesand otherdirectlyrelated
costs and expenses, and including all damage awards made by a court of competent
jurisdiction; provided, however, Consultant shall in no way be liable for the acts,
omissions, negligence, or willful misconduct of the City, its officials, officers, employees,
agents, volunteers, or prisoners, or any acts of omissions of Consultant when such
actions are directed by City, its officials, officers, employees, agents or volunteers, or
otherwise directed by City’s written policies and procedures.Consultant shall defend
with Legal Counsel jointly agreed upon by both Consultant and City, at Consultant’s
own cost and expense,any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers,employees, agents and volunteers, subject to the aforementioned
limitations.Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, and employees, in any such suit,
action or other legal proceeding arising from Consultant’s performance of this
Agreement; except to the extent that liability is caused byany acts, omissions,
negligence or willful misconduct by the City or its directors, officials, officers, employees,
agents and volunteers. Consultant shall reimburse City and its directors, officials,
officers, employees,agents and volunteersfor any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant’s obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials, officers, employees, agents
and volunteers, and shall take effectimmediately upon execution of this Agreement and
shall cease upon termination of the Agreement (except for occurrences during the
performance of this Agreement).
3.5.5.2The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7Attorney’s Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorneys’ fees and all other costs of such
action.
3.5.8GoverningLaw. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9Time of Essence. Time is of the essence for each and every
provision of this Agreement.
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3.5.10City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
andemployees except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
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member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall
include,but not be limited to, all activities related to initialemployment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21Authority to Enter Agreement.Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.23Exhibits and Recitals.All Exhibits and Recitals contained herein
are hereby incorporated into this Agreement by this reference.
3.6Subcontracting.
3.6.1Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
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In witness whereof the Parties have executed this Professional Services
Agreement on the date set forth below.
CITY OF ARCADIAG4S SECURE SOLUTIONS, INC.
By __By ____________________________
Dominic LazzarettoKeith W. Boles, General Manager
City ManagerLos Angeles Area Officer
Date: ______________________Date: _________________________
ATTEST:
___________________________ By____________________________
City ClerkName
APPROVED AS TO FORM:______________________________
Print Name and Title
___________________________Date: _________________________
Stephen P. Deitsch
City AttorneyCONCUR:
______________________________
Robert T. Guthrie, Chief of Police
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E XHIBIT "A"
S COPE OF S ERVICES
CONSULTANT’SRESPONSIBILITY
Consultantwill be responsible for, but not limited to the following:
I.SUMMARY
The Arcadia Police Department’s Type I Jail Facility is located at the Arcadia Police
Department, 250 W. Huntington Drive, Arcadia, CA. The facility consists of 20 beds,
three holding cells, and two sobering cells. Consultant shall staff the facility with
custody officers for its normal operating hours: 24hours per day, seven days per week,
and 365 daysperyear.
II.GENERAL INFORMATION
The services provided by Consultantshall comply with all applicable Minimum
Standards specified by all applicable Federal and State requirements, laws and
statutes, applicable court orders and the California Corrections Standards Authority,
whether now in effect, hereafter affected or implemented as applicable to Type I Jail
Facilities in the future. Services are to include all required supervision, labor, clothing,
associated equipment and material needed to effectively and efficiently perform all
duties required of a Type I Jail Facility including, but not limited, to any mandatory staff
training.
Consultantmust be duly licensed in accordance with all security industry requirements
for the State of California.
III.PROJECT INTENT
The service provided under these specifications shall be of the highest possible caliber.
Consultant's personnel shall be qualified, professional and supervised by
knowledgeable, attentive management, who shall be available on a twenty-four hour,
seven-day a week basis. The Consultantshall pay particular attention to its procedures
for hiring, training, and providing directions to the individual Custody Officers assigned
to the City.
IV. ARCADIA POLICE TYPE I JAIL FACILITY OPERATIONS
The Custody Officers’ responsibilities are to include, but are not limited to, receiving,
processing, detaining, monitoring, transporting and/or releasing adults and juveniles
arrested or detained by officers of the Arcadia Police Department, and performing other
related duties as outlined in the Arcadia Police Department Manual and the Arcadia
Police Department Jail Manual.
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These specifications are intended for uniformed, unarmed, and commissioned or non-
commissioned Custody Officers to be provided at the Arcadia Police Department’s Type
I Jail Facility on a seven-day per week, twenty-four hour per day schedule.
CONSULTANT RESPONSIBILITY
Consultant will beresponsible for, but not limited to the following:
V. STAFFING REQUIREMENTS
A. Supervisor: The Consultantshall designate one (1) Custody Officer position as
the Supervisor. The responsibilities of this position shall include direct
supervision of custody personnel and the coordination of custody operations and
training on all shifts. In addition, the position is responsible for scheduling, record
keeping, safety and equipment inspections, facility inspections by governing
entities and enforcement of all applicable Local, Federal and State laws,
Department policies and mandates. The City’s representative must approve of all
persons initially selected to fill this position and all future Supervisor positions
prior to their commencing work on-site. The Supervisor must be able to perform
the duties of the Custody Officer and possess a working knowledge of the laws
governing the operation of a Type I Jail Facility. The Supervisor must have a
minimum of three years of prior experience with a similar facility.
B. Custody Officer: The Custody Officer shall either be a graduate of an accredited
college or university with a degree and concentration in criminal justice, police
science, or security administration or meet at least one of the following
qualifications:
Former Public Law Enforcement
Former Federal Law Enforcement
Police Academy Graduate
Former Military Police
Former Corrections Officer
Former Elite Military Forces and related Combat Arms
The Custody Officer shall:
1.Be either commissioned or non-commissioned in the State of California
2.Be at least 21-years of age
3.Have a High School Diploma/GED
4.Have a valid California Class C driver’s license
5.Must meet all minimum screening and background checks required for
Custody Officers
6.Must complete required training and orientation mandated in this agreement
for Custody Officers
7.Be First Aid and CPR trained and qualified
8.Have good written and oral communication skills
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9.Be able to prepare written and/or computer-based daily logs and reports of
incidents that have taken place
10.Be responsible for prisoner tracking and booking information
11.Have a professional appearance similar to sworn officers in accordance with
the Arcadia Police Department manual
12.Be physically able to perform all aspects of the assignment
13.Provide favorable references from previous employers
14.Have an acceptable prior military check of DD form 214 (if applicable)
15.Have a current social security card
16.Have a current green card (if applicable)
17.Be willing to take a drug test at any time and pass
18.Personnel to be considered for Custody Officer service shall receive an
initial screening and background check by Consultantat no additional
charge to the City. Selection of Custody Officer personnel shall include
consideration of character traits, motivation, and ability to perform the
mental and physical tasks normally required of Custody Officer personnel
19.After thorough screening and interviewing by the Consultant, the applicant
shall be interviewed by a representative of the City, and the City will have
final approval of personnel initially assigned to the City and any/all future
Custody Officer positions resulting from a vacancy
20.Consultantshall institute a procedure for performing background checks.
The following are the minimum requirements that must be met and written
documentation provided to the City. All information, documentation, testing,
certification, etc. is to be conducted and provided at no cost to the City of
Arcadia Police Department. Consultantagreesto absorb any/all costs
associated with these requirements.
a. Employment/Qualifications Verification: Conduct a seven (7)
year employer background check to verify the applicant was not
terminated for other than honorable circumstances and verify any
periods of unemployment.
b. Education: Conducta review of the schools attended by the
applicant to verify completed educational level. Validate all
references made to completing an “Equivalency Test” for High
School level.
c. Drugs: Conduct a drug screening test to verify non-usage of drugs.
Applicants who are narcotics offenders or use dangerous drugs or
use alcohol to an excessive degree will be disqualified.
d. Reference Check: Conduct a minimum of two personal reference
checks.
e. DMV Check: Verify that the applicant has a driving record that
reflects reasonable care and judgment. There should be no
convictions for moving violations showing disregard for public
safety.
f. Criminal History: Conduct a local criminal history check to
verify the applicant has no felony convictions. Additionally, the
applicant must pass the Live Scan finger printing process.
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g. Wants and/or Warrants: Applicant must be clear of any
outstanding warrants, any prior felony arrests and any crime
involving moral turpitude within seven (7) years preceding the date
of the application. The applicant may not be on probation or parole
for any offense.
h.Credit Check: Conduct a standard credit check to determine
financial responsibility and interview all raters who have given a
negative review.
i.Psychological Review: All CustodyOfficers must be found to be
free from any emotional or mental condition which might adversely
affect the exercise of their duties as determined by a licensed
psychologist who has a doctoral degree in psychology and at least
five years of postgraduate experience in the diagnosis and
treatment of emotional and mental disorders. The Custody Officer
must be found to be free from job-relevant psychopathology,
including personality disorders, and a minimum of two objectively
scored psychological tests must be used to assess psychological
suitability, one normed in such a manner as to identify patterns of
abnormal behavior and the other geared toward assessing
dimensions of normal behavior. A clinical interview is also required
if the test results are inconclusive or suggest that the candidate
should be disqualified.
21.The results of background checks must be furnished to the City
representative at least 24-hours prior to the time the applicant is sent for
interview.
22.No Custody Officer working for the Consultantwill be allowed to work at the
City’s Jail Facility unless he/she is approved by the City. Consultantshall
submit and maintain a list of all employees that have been cleared and are,
or will be, assigned to the Arcadia Police Department’s Type I Jail Facility.
Consultantmust provide the names of all employees who will be on site on
a daily basis and the names of at least two (2) employees who will fill any
potential vacancies regardless of the reason for the absence or vacancy.
Employment applications for each employee will also be submitted to the
City. In addition, Consultantshall maintain the availability of at least two (2)
additional trained officers for temporary deployment when needed to fill any
vacancy within two hours. The City is not responsiblefor any potential “on-
call” costs.
23.Custody Officer personnel shall be trained, uniformed and supervised.
Consultantshall provide the uniform and all other items of clothing and
apparel as required. Uniforms are to be at City's election.
24.Upon termination of a Custody Officer, all keys, fobs, identification badges,
gate remotes, and parking passes will be recovered from such Custody
Officer by Consultant. All items belonging to the City will be turned in
immediately upon termination and not be re-issued to any other employees.
25.If awarded this contract you agree to remove immediately, all employees, at
any location, who fail to follow established Department or State procedures
and/or who are deemed by the City to be unfit to perform assigned tasks.
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VI. TRAINING
The law requires privately operated Jails to train personnel in accordance to the training
standards established by regulations adopted by the CSA (Corrections Standards
Authority) as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1,
Division 1, of Title 15 CCR, Standards and Training for Corrections (STC). Proof of
such training must be provided upon request.
A. Supervisor: The Supervisor shall complete all training requirements, as outlined in
Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1021.
Additionally, the Supervisor shall receive 24-hours of STC refresher training on an
annual basis. The Supervisor shall also receive the Incident Command System 200 and
800 training.
B. Custody Officer: Custody Officer shall complete all training requirements, as
outlined in Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section
1020. Corrections Officer Core Course. Additionally, Custody Officer shall receive 24-
hours of STC refresher training, on an annual basis. The Custody Officer shall also
receive the Incident Command System 200 and 800 training.
Moreover, upon employment, in addition to maintaining First Aid and CPR certification
for all Custody Officers, Consultantshall provide, at its own expense, a City approved
Initial Training program consisting of approximately 50-hours of instruction material
taken from the Arcadia Police Department Jail Manual plus sufficient on-going training
to ensure Custody Officers remain up-to-date with changes in custody operations and
safety issues. The general categories of instruction shall include:
1. Orientation to the City of Arcadia Police Department
2.Operation liabilities
3. Minimum standards
4.Classification and segregation of inmates
5. Emergency procedures
6. Suicide prevention
7. Fire safety
8.Transportation of prisoners
9. Booking and release procedures, which include Live scan
10. Security and control
11. Reports and data entry
12. Handling confidential information
13. Court testimony
14. Sexual Harassment
15. Violence in the Workplace
16. All Custody Officers shall complete eight hours of specialized training
required by Title 15 and Title 24, California Code of Regulations. Such
training shall include, but not be limited to:
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a. Applicable minimum Jail standards
b. Jail operations liability
c. Inmate segregation
d. Emergency procedures and planning
e. Suicide prevention
a. Such training shall be completed as soon as practical, but
in any event not more than six months after the date of
assigned responsibility. Eight hours of refresher training shall
be completed once every two (2) years. In accordance with
the initial training, Consultant will continue to provide on-going training. All
necessary training will be provided at Consultant's expense. The Supervisor shall
record and retain a copy of each employee’s training record on site for inspection
by the City’s representative.
VII. SCHEDULING REQUIREMENTS
1. Consultantmust maintain at all times, an adequate number of qualified
personnel to perform the Custody Officer requirements. Consultant will fill
any absence or vacancy immediately to ensure that minimum staffing is
retained at all times.
2. Consultantis required to provide additional staffing for events such as
checkpoints, special holidays, etc. as requested on an as needed basis.
The exact hours and shifts shall be determined by the City and reported to
the Consultant. Sufficient notice shall be given to the Consultantto allow
for the appropriate scheduling.
3. Consultantagrees to staff the Arcadia Police Department Type I Jail
Facility with qualified, unarmed, uniformed, and trained personnel
sufficient to maintain staffing year-round, 24-hours per day, seven-days
per week, and 365-days per year. Specific schedules will be determined
by the needs of the City.
4. Consultantwill provide adequate staffing to facilitate the booking, housing,
transportation, and other associated tasks that go along with processing
the aforementioned volume of inmates.
VIII. UNIFORMS
Consultantmust provide, at no cost to the City of Arcadia Police Department, all
necessary uniforms, associated uniform articles of clothing agreed upon by both parties
and equipment, including, but not limited to, utility belts, handcuff holders, keepers, key
ring, etc.
IX. SECURITY AND CONTROL
Consultantis responsible for providing prisoner security within the Arcadia Police
Department’s Type I Jail Facility and during transportation by Consultantpersonnel in
accordance with applicable Minimum Standards specified by all applicable Federal and
State requirements, laws and statutes, applicable court orders and the California
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Corrections Standards Authority, whether now in effect or hereafter affected or
implemented as applicable to the Type I JailFacility and the Arcadia Police Department
Manual and Arcadia Police Department Jail Manual. Regular security inspections of the
facility and prisoners will be conducted and documented as required by the City or by
the law. Consultant’s security measures may be reviewed on a regular basis to include
facility control, internal and external security, search and seizure practices, and
emergency procedures.
X. EMERGENCY PROCEDURES
The City Jail has in place, procedures to follow in the event of an emergencyoutlined in
the attached Jail Manual, and shall be adhered to by the Consultant’s staff.
XI. USE OF FORCE
The City Jail has a use-of-force policy in place. The Consultantshall follow policy and
report all incidents according to the policy and mandatesand provide all associated
written reports in a timely manner to the City.
XII. RECORDS
Consultantis responsible for the timely completion of all inmate and related records as
required by the City and applicable Minimum Standards specified by all applicable
Federal and State requirements, laws and statutes, applicable court orders and the
California Corrections Standards Authority, whether now in effect or hereafter affected
or implemented as applicable to the Type I Jail Facility. Consultantshall be responsible
for maintaining all related records in compliance with all County and State regulations
and inspections. All such records will become, and will remain, the property of the City
of Arcadia.
XIII. RISK MANAGEMENT
Consultantis responsible for identifying risk and exposures and the implementation of a
risk management program to deal effectively with them. Major emphasis should be
placed upon personal safety, control and search procedures, and biohazard issues
related to the handling of the prisoners. Custody Supervisor shall be present during all
facility inspections and audits conducted by governing entities.
XIV. HEALTH AND SAFETY
Consultantshall operate the Arcadia Police Department Type I Jail Facility in
compliance with all applicable Minimum Standards specified by all applicable Federal
and State requirements, laws and statutes, applicable court orders and the California
Corrections Standards Authority, whether now in effect or hereafter affected or
implemented, relative to safety and general operations. Regular safety inspections will
be conducted and documented as required by the City. Consultantwill retain on file all
completed inspection forms and other related documents for review.
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XV. MAINTENANCE OF TYPE I JAIL FACILITY
Consultantis responsible for maintaining the cleanliness and sanitation of the Arcadia
Police Department Type I Jail Facility as required by the Department and County Health
Standards. The Supervisor will make available weekly a list of supplies that need to be
provided to carry out the duties and maintenance associated with the Arcadia Police
Department’s Type I Jail Facility. Consultantshall maintain a record of all maintenance
activity and provide a copy to the City and/or appropriate inspection authorities upon
request.
XVI. USE OF TYPE I JAIL FACILITY
The Jail facility building will not be used as a training site for employees of Consultant
destined for assignment to other accounts/locations.
XVII. SANITATION AND HYGIENE
Consultantshall provide equipment and supplies to ensure a clean and healthy
environment at all times. Hygiene items must be provided to inmates for their personal
use as mandated by law.
XVIII. FOOD SERVICES
Consultant’sstaff will be responsible for serving food to all inmates. Themeals will be
arranged and provided by the City at the City of Arcadia’s expense and shall adhere to
the applicable Minimum Standards specified by all applicable Federal and State
requirements, laws and statutes, applicable court orders and the CaliforniaCorrections
Standards Authority, whether now in effect or hereafter affected or implemented as
applicable to the Type I Jail Facility and the Arcadia Police Department Manual and
Arcadia Police Department Jail Manual.
XIX. PROPERTY
Consultantwill provide for the secure storage of inmate personal property. If the
property is lost or damaged while under the care of the facility, inmates can use the
facility’s grievance process to seek reimbursement for the lost or damaged property.
Consultantwill be directly responsible for any lost or damaged property if it is
determined to be the Consultant’sresponsibility.
XX. GRIEVANCE PROCEDURE
Consultantshall allow inmates access to a reasonable, impartial, and nondiscriminatory
procedure, which includes a final level of appeal to the State. Consultant’sFacility
Operator is responsible for responding to grievances on matters occurring during the
inmate’s incarceration in the City Jail.
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XXI.CORRESPONDENCE
Consultantshall allow inmates telecommunication access with Minimum Standards
specified by all applicable Federal and State requirements, laws and statutes,
applicable court orders and the California Corrections Standards Authority, whether now
in effect or hereafter affected or implemented as applicable to the Type I Jail Facility
and the Arcadia Police Department Manual and Arcadia Police Department Jail Manual.
The inmate telecommunications services, which include City owned telephones required
for use as outlined in section 851.5 of the California Penal Code, and the payphones
inside each regular housing cell, will be provided, maintained, and serviced, at the
expense of the City.
XXII.MEDICAL ATTENTION AND MEDICAL CLEARANCES
Consultant’sstaff shall ensure that a full medical screening questionnaire is filled out,
from the onset of the booking process, for each inmate screened in the pre-booking
process. If there is medical concern(s) that would preclude the booking of an inmate, as
outlined in the Jail Manual, the booking will be refused and the arresting officer or
transporting officer will be directed to obtain a medical clearance from a licensed
physician prior to acceptance of the inmate.
XXIII.I.C.E. LIAISON
Consultantshall maintain the existing aforementioned working partnership with ICE
(Immigrations and Customs Enforcement). As a part of this partnership, the Consultant,
through the Jail staff, will notify an ICE representative, as needed, in order to facilitate
the issuance of detainers, arrangement of detainee transportation, and/or other mutually
related matters.
XXIV.TRANSPORTATION
Consultantwill work with the Los Angeles County Sheriff’s Department to ensure
transportation of inmates scheduled for arraignment is done at a time(s) suitable for a
timely appearance(s).
XXV. ADDITIONAL SERVICES
From time to time, the City may request additional Custody Officer services beyond that
which is specifically set forth herein for such additional work that is mutually agreed
upon by the City and Consultant.
XXVI. OVERALL OPERATIONS
Consultant, if private, shall operate as a Type I Jail Facility and in compliance with State
Statute 6031.6 CPC, which mandates privately operated Jails, under contract to public
entities (i.e. counties or cities), to operate in compliance with all appropriate State and
Local building, zoning, health, safety, and fire statutes, ordinances and regulations, and
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with the minimum Jail standards established by regulations adopted by the CSA as set
forth in Subchapter 4 (commencing with Section 1000) of Chapter 1 of Division I of Title
15 CCR. (CSA report, Privately Operated Local Detention Facilities, revised 2/1999)
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Exhibit "B"
S CHEDULE OF S ERVICES
Consultant shall staff the Arcadia Police Department’s Type I Jail Facility with custody
officers twenty-four (24)hours per day, seven (7) days per week, and three hundred
sixty-five (365) days per year, according to the staffing requirement specifications listed
in the Scope of Services –Exhibit “A.
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Exhibit "C"
C OMPENSATION
Attached Behind this Page
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