HomeMy WebLinkAbout- NB-4 - Management and Administration Jail Servi - 5/15/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2012 ITEM NUMBER: NB -4
SUBJECT: MANAGEMENT AND ADMINISTRATION OF JAIL SERVICES
DATE: MAY 1, 2012
FROM: OFFICE OF THE CHIEF EXECUTIVE OFFICER
PRESENTATION BY: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
TOM GAZSI, CHIEF OF POLICE
KIMBERLY HALL BARLOW, SPECIAL COUNSEL
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH, 714-754-5328
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached contract (Attachment 1) for the management and
administration of Jail Services with G4S Secure Solutions, pending the resolution
of the City's outsourcing constraints;
2. Authorize the CEO to execute the attached contract only after the resolution of the
City's outsourcing constraints; and
3. Once contract is executed, authorize the CEO to administratively implement a
transition plan for impacted employees.
BACKGROUND:
In accordance with Council Policy 100-6, a Jail Services Contracting Committee was
formed to evaluate the potential for contracting of on-going City services. On August
23, 2011, the Committee met to discuss the duties and responsibilities of the Jail
Services program and to determine "available alternatives for service delivery." Based
on detailed review of all alternatives, it was concluded that the most viable alternatives
are to retain the existing service level but at a lower cost through reorganization or
contracting with either a public entity or a private company for services. In order to
evaluate the privatizing option, the Police Department prepared a draft Request for
Proposals (RFP), which was reviewed and finalized by the Contracting Committee.
At the regular City Council meeting on September 20, 2011, the various alternatives for
Jail Services were presented to the City Council with the staff recommendation for
releasing the RFP to all interested parties. Attachment 1 of this report also includes the
RFP and Attachment 2 includes all other related material organized into one
comprehensive document. The City Council directed staff to release the RFP based on
staff and community input.
The RFP was released with the following schedule:
• Release of RFP September 21, 2011
• Deadline for Written Questions October 6, 2011
• Responses to Questions Posted on Web October 13, 2011
• Proposals Due October 28, 2011
ANALYSIS:
In response to the City's RFP, proposals were received from two vendors and one local
government. The names of the entities that submitted a proposal are listed below:
• G4S Secure Solutions;
• The GEO Group; and
• The City of Newport Beach
The proposals were independently reviewed by an Evaluation Committee consisting of
City staff as well as an outside agency staff member. The proposals were reviewed
using the following weighted criteria:
• Qualifications of the entity and key personnel at 25%;
• Approach to providing the requested services at 10%;
• Price proposal at 50%; and
• Innovative and/or creative approaches at 15%.
The proposal submitted by the City of Newport Beach was not a formal proposal per the
RFP specifications but a conceptual proposal that was seeking to offer a neighboring
jurisdiction an alternative approach for service delivery. For purposes of this report, the
Newport Beach proposal is not in consideration at this time but is a welcomed
opportunity for exploration at a later date.
A four member Evaluation Committee met on December 20, 2011 to review the two
responsive proposals. References were checked to verify the quality of services
provided to agencies serviced by the respective vendors. Based on review of each
Committee member ranking as well as references and financial information, the two
vendors were selected for further consideration and interview process. (See proposal
evaluation scoring in Attachment 2).
Interviews were held on January 9, 2012. The purpose of the interviews was for the
vendors to provide clarification on their proposals and how they would serve the City of
Costa Mesa. A list of questions that was addressed by the vendors during the interview
is included in Attachment 2. Following the completion of the interview process, the
Evaluation Committee reviewed the rankings of the two vendors and determined that
G4S Secure Solutions (G4S) was the vendor that met all of the qualifications and would
provide the highest quality jail services to the City of Costa Mesa.
IN
Background on G4S:
G4S is a large international company founded in 1901 with $2.5 billion in revenue in
North America and 45,000 employees. They have 57 years of expertise in providing
security for local government and custody services since 1992. They provide service to
many public agencies and specifically provide local jail services to the cities of Irvine, La
Habra, Azusa, Beverly Hills and Whittier. They also provide prisoner transportation
services to the Department of Homeland Security — U.S. Border Patrol. The comments
from proposal and interview raters demonstrate a high quality of knowledge, training,
and professionalism from G4S. G4S clearly understood the expectations and
requirements in the RFP and outlined significant details as to how they would meet and,
in many cases, exceed the requirements. G4S operates a local regional office out of
the City of Anaheim.
To summarize, G4S provides the following:
• Extensive experience in this field;
• Solid history of quality recruitment with a large company and future employment
opportunities for good employees;
• Large pool of trained personnel that can support neighboring jail services if
needed with nearby leadership and supervision in Anaheim;
• Comprehensive training program that exceeds state standards;
• A long-standing relationship with the Immigration Custom Enforcement (ICE)
program by directly providing ICE with contracted custody and transportation
officers;
• A detailed transition plan and significant experience in handling contingencies
that may arise that will ensure the best possible transition (please see pages 6 to
12 of their proposal to review significant detail);
• City input on hiring of candidates to be assigned to Costa Mesa Jail and City
input on determining the fit of existing G4S personnel in our Jail;
• Ability to expand staff if City has an influx of detainees to our Jail;
• Quality staffing and retention approach (detailed in pages 14 to 16 of proposal);
and,
• Salary rates that align with local labor market conditions with good employee
benefit and incentive programs (detailed in pages 26 to 30 of proposal).
Review of Proposed Services:
The City's Type 1 Jail Facility is staffed by eleven (11) full-time Custody Officers and
one full-time Sergeant. These twelve positions provide services 24 hours a day, 365
days a year. Included in these services is the necessary work of a court liaison officer.
When fully staffed, the City's service was at a high level, and there were no significant
issues with the quality of service. Currently, seven (7) of the 11 Custody Officer
positions and the Sergeant position are filled.
In the RFP, the vendors were provided with all the requirements for operations of the
jail including staffing requirements. G4S meets or exceeds all of these requirements.
3
The City's FY 2011-2012 budget for jail staffing is $1,346,789 and the proposed staffing
costs for G4S is $743,329. The difference is a potential savings of $603,460 per year
for the City. A more detailed financial review is included below.
This risk can be reduced by ensuring thorough communication and effective contract
management. The contract would provide for liability coverage in the amount of
$10,000,000. The significant savings of $603,460 annually comes from G4S paying
lower hourly wages and reduced benefits compared to City personnel. G4S entry level
pay rate for Custody Officers is $16.50 per hour, Lead Custody Officers is $18.50 per
hour and the on-site Jail Post Commander is $25.00 per hour. For the City, entry pay
rates for Custody Officers are $26.42 and $41.63 for Police Sergeant. G4S provides a
commitment of 440 hours of service per week and fills vacancies in their staffing with
their flex force staff to ensure all shifts are covered.
The potential challenge will be a greater amount of employee turn -over for this service
area. G4S would be responsible for ensuring a professional and smooth operation of
the City's Jail. G4S employees will be given opportunities to develop their law
enforcement skills and be able to compete for future openings in the Police
Department.
The City will realize additional savings by G4S providing a layer of liability protection in
a potentially high liability service area. G4S will also reduce the City's costs related to
worker's compensation insurance and liability because staff will no longer be City
employees. Finally, the long-term pension costs are reduced by implementing a
contract with G4S. Included in Attachment 2 are positive reference letters relative to
the services provided by G4S. The Police Chief has also contacted several jurisdictions
that utilize G4S and has received positive remarks about the quality of their services.
Jail Facility Equipment, Innovation Using Technology:
As G4S is an international leader in custody and security services, their company offers
several approaches that can provide better service delivery. On page 13 of their
proposal, several technology related solutions are outlined and the potential benefit to
the City.
The City will also benefit from G4S's significant understanding of the latest in custody
techniques and training due to their need to train thousands of employees annually.
Many of the technology systems outlined on page 13 will need further review and
discussion about how they can enhance the administration and operations of our Jail. It
is planned that the City will immediately implement three new systems:
1. Risk 360 Incident Management System. This provides documentation and
accountability of jail operations and events. This is web or smart phone based.
This will require an annual fee of $5,976. Staff will immediately review the benefits
to make a final determination before authorizing this additional cost.
2. Automated HR systems and billing, a client based attendance and billing system.
As well, an on-line time and attendance system for staff.
3. Automated tracking system that records cell check date and time using a smart
device.
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Staff Transition Plan:
As requested by the City Council for all RFPs, G4S provided a section in their proposal
dedicated to the hiring and retention of current City employees into their private service
model (see page 10). For now, the plan will be to do whatever is reasonable and
possible to help employees transition either by holding positions with G4S, through
utilizing an attrition model or retraining City personnel to work in other areas of the City
organization.
Currently, the City has five (5) vacancies of the eleven (11) authorized Custody Officer
positions. The interest of the City is to transition to G4S contract services with a
phased -in approach. Because the City cannot immediately transition to G4S due to
legal constraints, staff will use this time to continue to develop a plan that phases a
change from City personnel to G4S personnel.
While a fully dedicated Police Sergeant position is currently supervising the Jail
operations, the scope of services in the RFP included the full administration and
management of the Jail operations. Part of this transition would be to retain the Police
Sergeant position as a supervisor over the Jail for a period of time and possibly a full
year. After a period of time, the need for the Sergeant position will be reevaluated and
likely transferred (in whole or a large percentage of time) to another area of the
Department.
The CEO is seeking the City Council's approval to continue to develop a transition plan
and will administratively implement this plan if and when the City has the authority to
execute the attached contract. At the time the City executes a contract, a transition
period will commence and G4S will likely need two months to gear up for the first day to
ensure a smooth transition. In addition, City management will need time to implement
any employee transition plans that have been developed with input from employee
associations. Staff will also meet with impacted employees and ensure compliance with
any and all meet and confer requirements per our labor agreements.
Review of Contract:
With the help of Special Counsel Kimberly Hall Barlow, the City negotiated key contract
provisions with G4S. In short, the contract provides for the provision of services related to
the administration and management of the City Jail by G4S personnel, procedures and
technology systems. The negotiated contract with G4S includes the following key
provisions:
• Three year contract with two one-year extensions;
• Services will be provided at a cost of $743,329.60 per year, fixed for 18 months
and then subject to CPI increases only for the remainder of the term plus allowed
extensions;
• Insurance coverage includes $10,000,000 Public Liability and Property Damage
coverage (including Civil Rights coverage), $1,000,000 employer liability and
workers compensation coverage, $10,000,000 Professional Liability Coverage,
and $1,000,000 Fidelity coverage;
• G4S has agreed that the proposal will continue to be valid for the next six months;
on
• G4S will use a state of the art video monitoring system to supplement live jail
monitoring;
• G4S will do background checks on employees comparable to that done by the City
for existing jail employees; and
• The contract cost will include laundering and jail cleaning as well as overseeing
existing and future City contracts for food service, cell repair, telephone services,
and the like.
FISCAL REVIEW:
As stated above, the FY 12-13 preliminary budget for staffing of the City's Jail Facility is
$1,346,789. As proposed, a staffing contract with G4S would cost the City $743,329, a
potential savings of $603,460. This equals a savings of approximately 45%. Over a five
year period the savings is estimated to be $3,017,300. The $3,017,300 figure is a
simple calculation that excludes potential cost of living increases for the contract and
excludes potential increases in costs related to PERS or other City employee cost
increases.
Should the City decide to maintain a Police Sergeant position to supervise the G4S
contract for the first year, the potential savings would be reduced to $410,579 during this
transition period.
Not included in this analysis is the maintenance and operating portion of the FY 12-13
preliminary budget for the Jail Program in the amount of $58,244. It is currently
anticipated that most of these costs would continue to be incurred by the City. These
costs include food and telephone services, and repairs and maintenance of the City's
transport vehicle. Since the proposed contract by G4S would include laundering services,
approximately $2,250 of these costs may be reduced after implementation of the
contract. Staff's continued evaluation of all costs would be included as part of managing
the contract.
ALTERNATIVES CONSIDERED:
The City Council may select another firm to provide the required services. This will
require the staff to return to City Council following review of cost proposal and services
provided. Another alternative for City Council is to maintain Jail services provided by
City staff. If this alternative is selected, City staff will continue to provide services.
LEGAL REVIEW:
The City currently is under a preliminary injunction which prevents the City from
contracting out services currently being performed by members of the Costa Mesa City
Employees' Association. Because a contract with G4S may fall within the scope of this
injunction, the City, in an abundance of caution, should withhold formal authorization to
execute such contract at the present time. The Council may approve the contract and
authorize the City CEO to execute the contract in the future, however, when and if the
injunction against the City is lifted or determined not to apply.
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CONCLUSION:
A contract with G4S provides for the efficient and effective operation of the City Jail with
significant on-going savings to the City. Finally, City management will take steps to
work with impacted employees with compassion and creativity to reduce the impact of
this transition on employees and the organization.
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WAS R. HATCH
Chief Executive Officer
BO BY Y
Director of Finance and IT
T AZSI
Chief of Police
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Kimberly• A
Special Counsel
ATTACHMENTS: 1 G4S Secure Solutions Contract
2 RFP Determination Book
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ATTACHMENT 1
Page 1 of 134
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this —day of _, 2012 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
G4S Secure Solutions (USA) Inc., a Florida corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant provide 24 hours per day, 7 days per
week, 365 days per year staffing and operations of the Costa Mesa Type 1 Jail facility as
described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"), A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference. Except as otherwise set forth herein, Consultant
shall provide all services necessary to operate the Costa Mesa City Jail, a 32 -bed, "Type I Jail
Facility," as described in the Request for Proposals and the Proposal, the California Code of
Regulations, Title 15 in strict accordance with State and Federal regulations and Costa Mesa
Police Department policies and procedures, and in accordance with the Costa Mesa Police
Department Jail Manual. For the compensation provided in Section 2.1 herein, custody and jail
management services shall be provided for a minimum of 440 hours per week, consisting of 40
hours per week for Jail Superintendent time, 120 hours per week for Lead Custody Officer(s)'
time and 280 hours per week of Custody Officers' time. Should the City desire to increase or
reduce the number of hours of custody and/or jail management services at the Costa Mesa City
Jail, Consultant shall make such reductions as requested by City upon a minimum of ten (10)
days' written notice, except in cases of emergency, and Consultant's compensation shall be
adjusted based upon the increase or decrease in hours of service, by type of personnel, at the
rates reflected in Consultant's proposal.
"Jail Superintendent" shall mean an employee of Consultant, responsible for
managing the City's Jail Facility and supervising the Custody Officers as outlined in the Jail
Manual and meeting all Minimum Standards. The Jail Superintendent shall meet regularly
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ATTACHMENT 1
Page 2 of 134
with the City's Jail Supervisor to resolve any Jail related problems. The Jail Superintendent
will attend any and all Jail audits as required. Consultant shall provide a Jail Superintendent
for a minimum 40 hours per week,
"City's Jail Supervisor" shall mean the Sergeant assigned by the Department as the
official liaison or point of contact between the CITY and Consultant on all matters pertaining
to the operation and management of the City's Jail Facility, who works for, and is paid by,
the City. The Jail Supervisor will be the point of contact between the City and Jail
Superintendent on day-to-day operations, unless the Department appoints a different point of
contact. Decisions regarding policy or operational changes will necessarily be forwarded up
the chain of command to the Jail Supervisor.
"Minimum Standards" shall mean all applicable Federal and State requirements,
laws, and statutes, applicable court orders, the City's Jail Manual and California State Board of
Corrections standards, whether now in effect or hereafter effected or implemented, as applicable
to the services provided by Consultant at the Jail Facility pursuant to this Agreement, except as
waived in writing by the City or State. Where a conflict exists between Federal and State
requirements, laws, and statutes, applicable court orders, and California State Board of
Corrections standards, the more stringent shall apply. Consultant shall comply with all
Minimum Standards and local laws, and particularly with all Title 15 Regulations applicable to a
Type 1 Jail Facility. Notwithstanding anything in Consultant's proposal, Consultant shall ensure
compliance with the following requirements:
A. Title 15 Regulations, Article 11, section 1207—Medical Receiving Screening mandates
the evaluation of an inmate's medical status. Consultant's staff 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/are medical concern(s) that
would preclude the booking of an inmate, as outlined in the Costa Mesa 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 or the officer will be required to book the inmate at another custody facility.
B. Remote Video Monitoring & Data Center. Title 15, Section 1027 specifically states, "A
sufficient number of personnel shall be employed in each local detention facility to
conduct at least hourly safety checks of inmates through direct visual observation," and
"audio or closed circuit television monitoring may supplement, but not replace these
checks." Title 15 Section 1006 states, "staff must be able to see each inmate without the
aid of audiovisual equipment to assure that he/she is alive and not experiencing any
trauma." Remote video monitoring may be used by Consultant, but may not replace
personal inspections, Video monitoring should only be seen as a complement to
observing/supervising inmates in order to ensure their safety and wellbeing.
C. The Consultant shall provide, at its own expense, small toiletry and personal items such
as toothpaste, toothbrushes, soap, etc., which are provided to the inmates, as needed, free
of charge.
D. Consultant's employees shall launder the linens and other items used by inmates.
E. Lines of Authority: Consultant's Jail Superintendent, Lead Custody Officer on duty,
2 3058520.1
ATTACHMENT
Page 3 of 134
or senior Custody Officer on duty, will immediately report orally and in writing to
City's Jail Supervisor and/or the on -duty Watch Commander when or if problems
are experienced in the Jail such as, but not limited to, inappropriate behavior in the
Jail, use of force by a Consultant's employee, accidents in the Jail, etc. A written
report will be submitted as soon as practicable to the Jail Supervisor. The City will
determine whether the incident shall be investigated by the Department or by an
outside agency. Consultant shall cooperate with the City in developing a protocol
to be followed in the event of any incident in the jail.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, Consultant will be representing the City, and all of its actions, communications,
or other work, during its provision of services under this contract is under the direction of the
City. Consultant also warrants that it is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. No personnel providing services to the City under this
Agreement shall be allowed to work under this agreement unless he/she is approved by the City.
City also has the right to require Consultant to remove personnel from service under this
Agreement upon demand of the City based on performance deficiencies or misconduct of any
kind. All personnel providing services to the City shall comply with the Police Department's no
visible tattoo policy.
City reserves the right without cause to require the Consultant to immediately remove
and reassign any employee from the Jail Facility, provided such request is in accordance with
applicable law. Initial notification may be provided to the Contractor orally, as long as City
immediately provides Contractor with formal written notice to immediately remove and reassign
any employee from the Jail Facility.
1.3 Employee Background Investigation: A background investigation shall be
made by Consultant of the Jail Superintendent, and all prospective Employees prior to any
prospective employee being hired by Consultant for assignment to the Jail, at Consultant's
sole expense. Results of such investigation shall be made available to the City and the City
shall have the right to interview and reject or approve all prospective Consultant's
Employees before being assigned to the Jail, provided that any rejection is made in writing
and in accordance with applicable law. Consultant shall maintain on file for each employee
two completed fingerprint cards, a photograph taken within. the last six months, a criminal
history, and immigration information (where applicable). Consultant shall provide City
with unlimited access to the personnel files of Employees assigned to the Jail Facility.
The Employee background investigation shall consist of the following:
1, Employment/ Qualifications Verification: Conduct a five (5) year
employer background check to verify applicant has not been terminated for other than
honorable circumstances and to verify education and periods of employment. hi addition,
Consultant personnel shall successfully complete a medical evaluation that confirms thein
ability to perform the essential functions of the job prior to assignment to the Jail.
3058520.1
ATTACHMENT 1
Page 4 of 134
2. Education: Conduct an education review of the applicant to determine
completed educational level. Validate all references made to completing "Equivalency Test"
for High School level.
3. Drugs: Conduct a drug -screening test to verify non -usage of drugs upon
initial hiring or thereafter "for cause"
4. Reference Check: Conduct a minimum of three personal reference
checks.
5. Fingerprints: Process through Livescan the applicant's fingerprints for
the California Department of Justice and NCIC/FBI clearance. Fingerprinting and processing
of applicant to obtain clearances shall be performed by the City, with the required Department
of Justice fees paid by Consultant. Fingerprinting must be completed, and clearances received
prior to applicant working in the City Jail Facility.
6, Credit Check: Conduct a standard credit check to determine financial
responsibility. Interview all credit agencies that have given a negative review to determine the
cause of said negative review.
7. Minnesota Multiphasic Personality Intelligence Test: Conduct a
Minnesota Multiphasic Personality & Intelligence Test (MMPI) to determine moral integrity
and mental stability of applicant. The psychological evaluation shall be conducted by a clinical
psychologist acceptable to the City.
1.4 Orientation and Training: Consultant shall provide an orientation program for all
Employees, as well as initial and recurring training in compliance with the applicable
Minimum Standards and this Agreement. All training shall be conducted as close to the Jail as
possible. Consultant shall provide City with access to the training records of all Consultant
Employees assigned to or working in the Jail.
1.5 Court Appearances: Consultant shall pay all costs associated with court
appearances made by Employees arising out of services provided under this Agreement.
1.6 DMV Checks: Consultant shall provide California Department of Motor Vehicle
(DMV) reports on all prospective Employees to City for review. City shall establish minimum
driving requirements for any Consultant employee who will be driving any City vehicle,
which must be adhered to by the Consultant and its Employees.
1.7. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.8, Non-discrimination. In performing this Agreement, Consultant shall not engage
4 3056520.1
ATTACHMENT 1
Page 5 of 134
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.9 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.10. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense. However, all subcontractor(s) shall be reviewed and approved by City prior to
their retention by Consultant.
2.0. COMPENSATION AND BILLING
2.1, Compensation. Consultant shall be compensated in the maximum amount of
$743,329.60 annually for 40 hours per week of jail superintendant services, 120 hours per week
of lead custody officer services, 280 hours per week of custody officer services, which includes,
processing, booking, transporting, managing, overseeing and releasing all inmates transported to
the Costa Mesa Jail by any police agency, provision of medical screening, record keeping, food
service oversight, and all related services Consultant's compensation shall cover all services as
provided in Consultant's proposal, attached as Exhibit A to this Agreement, including overtime
and related services as provided. Compensation shall be increased or decreased for services
actually provided as may be changed from time to time in writing by City as set forth in Section
1.1 above.
The above rates include:
Overtime costs for six holidays
Title 15 Initial and Refresher Training
Overtime to cover vacation/call-offs
Title 15 Training Costs due to officer turnover
Background investigation
Training as outlined for G4S Custom Protection Officer
Drug Screening/Recruiting
64 hours of on -the -job -training
80 hours vacation per year
50 hours of CMPD Jail Policy Training
Area supervision
Account Management and Local Office Support
Federal Credit Union
401k plans
Corporate support
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Page 6 of 134
Uniforms
Payroll taxes and insurance
Medical, Dental, Vision and Life Benefits
Cleaning Supplies
Jail Cleaning, including laundry
Consultant's compensation shall also include all Consultant costs for overseeing and
administering the provision of services from the City's selected vendors identified below. The
City shall remain responsible for payment to the vendors for services provided to the Jail. The
Consultant's services are limited to oversight of the vendors and have no responsibility for
payment to the vendors. The Consultant shall oversee ordering food and linen services through
City's selected vendor(s) (currently Aramark Service for food) and serving as liaison for food
and linen services in the Jail. The Consultant shall also supervise the implementation of other
City contracts for services provided in the Costa Mesa Jail as directed by the Costa Mesa Jail
Supervisor, including but not limited to, inmate telephone services (currently contracted with
Evercom/Securus); medical services (currently contracted with Dr. Lester Sacks, M.D., Ph.D)
appliance maintenance/repair (currently contracted with Allen Services), cell repairs (partially
contracted through Marathon Engineering), closed circuit television/jail video, Live Scan,
Huntington Beach PD bookings, and digital video recorder repair, (currently contracted with
Siemens).
The compensation called for in this Agreement shall not be increased for a period of eighteen
(18) months from the commencement date of this Agreement. For the remaining term of this
Agreement, including any authorized extensions thereof, compensation on an annual basis may
be increased only by any increase in the cost of living based on the Consumer Price Index
increase for the prior year utilizing the standard as established by the Bureau of Labor Statistics
of the U.S. Department of Labor for all urban consumers in the Los Angeles - Anaheim -
Riverside area, or another mutually agreed upon index based on comparable data should the
Consumer Price Index established by the Bureau of Labor Statistics be unavailable.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's designated
supervisor for approval on a progress basis, but no more often than two times a month. Said
invoice shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the
date City receives said invoice. Each invoice shall describe in detail, the services performed and
the associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
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shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement. Consultant shall be provided with a 60_day
transition period to commence services from the date this Agreement is signed until the Effective
Date.
3.2. Excusable Delays, Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
ply.
4.0. TERM AND TERMINATION
4.1. Tenn. This Agreement shall commence on the Effective Date and continue for a
period of thirty-six months ending on 2015, unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties. At the end of the term period,
Consultant and City may mutually agree, in writing, to renew the contract for up to two tern
periods of one (1) year each.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
If termination is without cause, City shall give Consultant at least thirty (30) days' written notice.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City. Consultant may terminate
this Agreement with cause only if City breaches the Agreement in any material respect and fails
to cure or commence to cure such breach within thirty (30) days following receipt of written
notice from Consultant of any material breach and demand to cure. Should City fail to cure or
reasonably commence to cure said breach within the thirty (30) day notice period, then
Consultant may give a minimum ninety (90) days' written notice to City that it will terminate
this Agreement. Consultant may terminate this Agreement upon one hundred twenty (120) days'
written notice to the City in the event that performance of Consultant's obligations under the
Agreement become commercially impracticable including changes in legislative or regulatory
requirements affecting performance of the services or business factors such as changes in level or
type of service required by the City that Consultant is unable to meet.
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4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination or completion of services by Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Public Liability and Property Damase Liability Insurance: Consultant
shall procure a policy or policies of Commercial General liability
insurance issued on an "occurrence" basis. Such insurance shall protect
Consultant against loss, including injury or death resulting therefrom
suffered or alleged to have been suffered by any person or persons,
resulting directly or indirectly from the performance or execution of this
Agreement or any subcontract thereunder. Consultant's insurer shall be an
approved carrier in the State of California with an A.M. Best's rating of
"A" VII or better. Commercial General Liability insurance shall also
protect Consultant against loss from liability imposed by law for damage
to any property caused directly or indirectly by the performance or
execution of this Agreement or any subcontractors thereunder. Liability
insurance (subject to the normal terms, conditions, and exclusions of the
Commercial General Liability Coverage Form — Criminal Justice system
operations) must cover:
i. Assumption of Liability: Consultant's assumption of all liability
caused by or arising out of all aspects of the provision and operation of
the Jail as set forth in Section 6.9 hereof.
ii. Form, Limits: The policy or policies for the insurance identified
above must be of a comprehensive form and on an "occurrence basis"
with a per occurrence limit of not less than Ten Million Dollars
($10,000,000) and a general aggregate limit of not less than Ten
Million Dollars ($10,000,000) and include civil rights coverage as set
forth below, with the same limits.
iii. Policies must not contain any exclusions for discrimination and/or
violations of civil rights.
(b) Automobile Insurance: Consultant shall obtain and maintain Automotive
Liability Insurance, on an occurrence basis, which will cover any vehicle
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owned, leased, hired, borrowed or operated by Consultant or its employees
which are used in the performance of duties under this Agreement. The
insurance shall have a combined singled limit of not less than One Million
Dollars ($1,000,000) for each accident.
(c) Workers' Compensation: Consultant shall obtain Workers'
Compensation Insurance, including employer's liability coverage, with a
minimum limit of One Million Dollars ($1,000,000) or the amount
required by law, whichever is greater. If any work is sublet, Consultant
shall require any subcontractor to provide similar Workers' Compensation
Insurance coverage, unless such subcontractor's employees are covered by
the Consultant's insurance. Consultant agrees to indemnify City for any
damage resulting to it from any failure of either Consultant or any
subcontractor to take out or maintain such insurance. Consultant agrees to
waive, and obtain endorsements from its workers' compensation insurer
waiving, subrogation rights under its workers' compensation insurance
policy against the CITY and to require each of its subcontractors, if any, to
do likewise under their workers' compensation insurance policies.
(d) Professional Liability Insurance: Professional Liability in an amount not
less than Ten Million Dollars ($10,000,000) per occurrence; Insurance
companies must be acceptable to City and have an A.M. Best's rating of
"A" VII or better as approved by the CITY. Policy must not contain any
exclusions for discrimination and/or civil rights violations. For any
professional liability policy written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of
this agreement, and for a period of not less than three (3) years from the
date of completion of services hereunder. In the event of termination,
cancellation, or material change of the policy during this period,
Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing services under
the terms of this agreement. The coverage shall be evidenced by either a
new policy evidencing no gap in coverage, or obtaining separate extended
"tail" coverage with the present or new carrier. Evidence of coverage shall
be submitted to the City.
(e) Fidelity Insurance: Consultant shall procure and maintain, at its sole cost
and for the duration of this Agreement, fidelity insurance in an amount not
less than one Million Dollars ($1,000,000) per occurrence with an
aggregate of One Million Dollars ($1,000,000). Fidelity Insurance must
include client coverage and the CITY must be listed as joint payee.
5.2. Endorsements:
(a) All insurance policies shall contain a Waiver of Subrogation of Rights
against the City.
(b) Additional Insured: "The City of Costa Mesa and its elected and appointed
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boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City" on the policies of
comprehensive general liability, civil rights liability, property damage,
automobile liability and excess liability coverages by endorsement.
Consultant's naming of those parties as additional insureds shall provide
coverage to the full extent of Consultant's liability under this Agreement.
(c) Primary Insurance: Consultant's insurance shall be primary and any
other insurance maintained by the City of Costa Mesa shall be excess and
not contributing with the insurance provided by the policies of this
agreement,
(d) Notice: Said policies shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City.
5.3 Clauses - Each policy of insurance shall contain the following clauses:
(a) Civil Rights Coverage: Insurance provided by Consultant under A,
Liability Insurance, must protect the City and its elected and appointed
boards, officers, agents, and employees against civil rights actions and/or
discrimination actions by Imnates involving "conditions of confinement"
wherein declaratory and injunctive relief are sought and/or monetary
damages are sought.
(b) Separate Application: Subject to Consultant's General Liability policy
combined single limit, the insurance afforded applies separately to each
insured, against whom claim is made, or suit is brought.
(c) If any of such policies provide for a deductible or self-insured
retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy
of insurance issued as to which the City is an additional insured shall
contain a provision which requires that no insured except the named
insured can satisfy any such deductible or self-insured retention.
(d) Deductibles and Self -Insured Retention: any change in the deductibles
must be declared to and approved by CITY. Any self-insured retention
and/or deductible must be declared to and approved by the CITY.
5.4 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
5.5. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
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form and content approved by City, prior to performing any services under this Agreement.
5.6. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property, .
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The Chief Executive Officer or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement,
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
G4S Secure Solutions (USA), Inc.
2300 E. ICatella Ave., Ste. 150
Anaheim, CA 92806
Tel: (714) 809-5936
Fax:
Attn: Brandon Joffe
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
11 3058520.1
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6.5. Drug-free Workplace Polic . Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims"), whether or not suit is actually
filed, and any judgment rendered against City's elected or appokinted officers, employees, or
agents, including, without limitation, attorneys' fees, that may be asserted or claimed by any
person, firm or entity arising out of or in connection with any claimed or actual negligent acts or
omissions in the performance of the work, operations, or activities of G4S, its agents, employees,
subcontractors, suppliers, or invitees.
"Claims" as used in this section shall include, without limitation, those for personal
injuries, wrongful death, mental or emotional distress, loss of consortium, damage to or loss of
use of real, personal or intangible property of any kind, loss of income, loss of earning capacity,
and business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys
fees, and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
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The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or from any allegation of an
injury to an employee of the Consultant or subcontractor performing work or labor necessary to
carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge
or otherwise reduce any other obligation of indemnity the Consultant may have with respect to
the City which may otherwise exist. If any judgment is rendered against the City or any of the
other individuals enumerated above in any such action, the Consultant shall, at its expense,
satisfy and discharge the same. This indemnification shall survive termination or expiration of
this Agreement.
6,10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11. PERS Eligibility Indemnification: In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
13 3058520.1
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documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
r'
s
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect, except that Consultant may employ any employee of the
City who currently provides jail custody services to the City in accordance with Consultant's
Proposal to offer employment to qualified personnel of the City. Should Consultant hire any
existing City employee pursuant to the terms of its Proposal, it shall provide pay and benefits as
set forth in its Proposal.
6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the Proposal, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the Proposal.
6.17. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
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6.19. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.25. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
15 3058520.1
Mayor
CONSULTANT
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
ATTACHMENT 1
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Date:
Date; z. -
Date:
Date;
Date:
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ATTACHMENT 1
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EXHIBIT A
CONSULTANT'S PROPOSAL
17 3058520.1
ATTACHMENT
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CITY COUNCIL POLICY 100-5
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ATTACHMENT 1
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SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
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SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d, Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terns of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
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SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee -be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
21 3058320.1
ATTACHMENT 1
Page 22 of 134
EXHIBIT C
CERTIFICATES OF INSURANCE
22 3058520.1
May 7, 2012
Kimberly Hall Barlow
Jones & Mayer
C/O City of Costa Mesa
3777 N. Harbor Boulevard
Fullerton, California 92835
RE: PROFESSIONAL SERVICE AGREEMENT; CITY OF COSTA MESA JAIL SERVICES
Dear Ms. Barlow:
ATTACHMENT
Page 23 of 134
G45 Secure Solutions (USA), Inc.
2300 E Katella Avenue
Suite 150
Anahelm, CA 92806
Phone: 714.939.4900
Fax: 714,939.4914
G4S Secure Solutions (USA), Inc. (Consultant) agrees to extend the pricing proposal for the City of Costa
Mesa (City) Jail Services contract an additional one hundred eighty (180) days from the date of this
letter, to allow for finalization and execution of the contract.
Please do not hesitate to contact me if you have anyfurther questions.
Sincerely,
ge Vill verde
G eral Yanager
G4S —eere Solutions (USA) Inc. — Orange County
714-939-4900
ATTACHMENT 1
Page 24 of 134
GTJ57 Years of Professionalism and
Securing You r World Expertise in Privatized Security for
Local Government
G4S Custody Service Solution
for the City of Costa Mesa
Presented to:
City of Costa Mesa
-77 fair Drive
Costa Mesa, CA 92628
Attention: Kimberly Hall Barlow
STATEMENT OF PROPRIETARY INFORMATION
Presented by:
G4S Secure Solutions (USA), Inc.
Brandon W.Joffe
2300 East Katella Avenue
Suite 150
Anaheim, CA 92806 -
(714)809-5936
This proposal contains proprietary Information regarding G4S and is not for public disclosure. Dissemination and reproduction may only be
made after written permission by an authorized representative of G4S Is granted. This document was prepared and is submitted In
confidence to the City of Costa Mesa It is submitted solely for use by your management for the purpose of review in connection with an
invitation to submit a proposal to provide security services.
TABLE OF CONTENTS
- G4S Custody Service Proposal -
ATTACHMENT
Section A. Vendor Application Form and Cover Letter ...........................1
Section B. Background and Project Summary........................................3
SectionC. Methodology........................................................................5
G4S Orange County Operations Support Staff...................................................5
60 Day Contract Implementation Schedule.......................................................6
Project Obejectives and Tasks............................................................................7
General Tasks Timetable....................................................................................7
Hiring and Retention of Current Employees....................................................10
QualityControl.................................................................................................11
Innovative and Creative Approaches— Using Technology...............................13
ction D. Staffing ................................................:.:. 14 ..
Proposed Custody Officer Program ......... .:..:.... ........: ....:..14';
Proposed Staffing Schedule - Insert
Custom Protection Officer° Qualifications.........................................:............14
Comprehensive Background Checks...............................................I ..:::....15
Section E. Qualifications, Related Experience and References..............18
G45Company Profile....................................................................................... 18
G4S Organizational Structure..........................................................................19
G4S Financial Condition..................................................................................19
Experience & Demonstrated Competence With Government Contracts ........ 20
Key Staff and References..................................................................................20
- City of Costa Mesa Required Forms -
SectionF. Fee Proposal.......................................................................21
SectionG. Disclosure..........................................................................22
Section H. Sample Agreement Exceptions............................................23
Section I. City of Costa Mesa Required Forms......................................25
ATTACHMENT 1
Page 26 of 134
- Index -
Appendix A. Employee Benefits & Incentive Programs ........................26
Appendix B. Local Management Resumes...........................................31
Appendix C. Jail Service References...................................................35
Appendix D. Letters of Reference.........................................................38
Appendix E. Financial Records.............................................................39
ATTACHMENT
27 of 134
Exhibit A
REQUEST FOR PROPOSAL
Operation of the Costa Mesa Police Departments Type I Jail Facility
VENDOR APPLICATION FORM
TYPE OF APPLICANT: M NEW
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
❑ CURRENT VENDOR
G4S Secure Solutions (USA), Inc,
Sorge Villaverde
1395 University Blvd
Jupiter, FL 33458
E -Mail Address: jo2:ge.villaverdeousa.g4s.com
Phone: 714-939-4900 Fax: 714-939-4914
'Brandon W. Joffe
'.Contact Person for Proposals; ,<,?
i
Title: Manager, Business Development `E -Mail Address: Brandon. joff a@usa.g4s,cQm
Business Telephone: 714-939-4900 " Business FaX; 714'939-4914
Is your business: (check one)
❑ NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
1 of 2
Names Title
Grahame Gibson - President, G4S Americas
Julie T. Payne - Vice President and Secretary
Susanne Jorgensen - Vice President
Drew Levine - President, G4S North America
Jeffrey Cappelletti - Treasurer
Jorge Villaverde - General Manager (Orange County)
(not an active Director, but authorized to sign contacts)
Federal Tax Identification Number: 59-0857245
ATTACHMENT 1
Page 28 of 134
Phone
561-622-5656
561-622-5656
561-622-5656
561-622-5656
561-622-5656
714-999-4900
City of Costa Mesa Business License Number:
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
2of2
Fl� q
t
; i O
2of2
ATTACHMENT
Page 29 of 134
G45 Secure Solutions (USA) Inc.
2300 East Katelle Avenue, Sulte 150
Anahelm, Corfornl a 92806
Telephone: 714-8095936
Fax: 714939-4914
www,94s.com/us
SECTION A. VENDOR APPLICATION FORM AND COVER LETTER
October 21, 2011
Kimberly Hall Barlow
The City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628-1200
Dear Mr, Amardril,
On behalf of our dedicated Orange County office staff, we appreciate the opportunity to submit our
proposal to provide jail custody services for the City of Costa Mesa's Type I Jail Facility. G4S (formerly 34S
Wackenhut), currently provides Custody Officer services to a number of Southern California Police
Departments, and strongly believes that it can offer the Cit of Costa Mesa with a cost efficient, et quality
P gY Y Y q Y
solution toits current operating cost challenges,
„rN:
Our primary objective is to provide highly qualified and trained personnel (incumbent personnel or new
1'
j recruits) to meet the City of Costa Mesa's goal of maintaining a professional jail service program while
having the operation transition from in-house to contract be seamless.
This objective includes the following goals that comprise our overall solution:
✓ The staffing of CMPD Custody Officer positions with members of G4S's premier Custom Protection Officer®
Division, the most qualified and highest caliber of officers In the industry.
✓ Making credible and documented efforts to retain existing CMPD Custody Officer Personnel who may be displaced
by the outsourcing of this service and training personnel into G4S's Custom Protection Officer® program.
✓ Providing documented efforts to recruit, hire and train a Jail Supervisor (internal or external candidate) who has, at
minimum 3 years experience operating within a similar working environment.
✓ Providing comprehensive and documented background checks that meet or exceed all background check
requirements set out within your RFP. For more information on 34S background checks, please see said section.
✓ Contracting with a firm whose Human Resources and National Training Academy has received ISO 9000:2001
registrations.
✓ Providing state standard training required for all Custody Officers to operate In a Type I Jail Facility including Title
15, Article 3, Training, Personnel and Management, Section 1020 and Section 1021 .
✓ Providing 40 hours of 34S mandated internal training for all Custom Protection Officers®
ATTACHMENT
Page 30 of 134
✓ Providing 50 hours of instruction material taken from Costa Mesa Police Department Jail Manual,
✓ Providing annual refresher training, including 24 hours of SCT and S hours of CMPD policy.
✓ Contracting with the first security firm in the United States to receive certification and designation under the
Department of Homeland Security's SAFETY Act.
✓ Operating In compliance with State statue 6031.6 CPC mandating operational procedures for privately operated
jail facilities.
✓ Providing benefit and incentive plans for all officers including United Health, Medical, Dental and Vision programs,
80 hours of annual vacation hours per employee, and much more.
A key element to our established success lies in our commitment to provide our clients with consistently
superior security and custody services. Our local management team endeavors to understand each of our
client's unique objectives so that we can better serve them. We encourage you to follow-up with our
references which include the Irvine, La Habra, Azusa, Beverly Hills and Whittier Police Departments to name
a few. We also provide prisoner transportation to the Department of Homeland Security -U.S. Border Patrol.
We have made efforts to provide a fair and equitable cost proposal to ensure the highest quality of service will
continue to be provided to the Costa Mesa Police Department. The attached proposal provides a basic
overview of our service delivery to allow the Department the opportunity to evaluate the cost savings and
benefits associated with contracting jail services. Keeping to the RFP requirements of limiting the length of
our proposal to no more than 20 pages (excluding appendices), we have offered a condensed version of
service offerings and capabilities. �l
The service address for the G4S office nearest to the Costa Mesa Police Department and the office where "
project management will be housed from is:
G4S Orange County
2300 East Katella Avenue, Suite 150
Anaheim, CA 92807
714-939-4900 (Office)
This proposal will be valid for 180 days from submittal. If you have any questions, please feel free to contact
me at 714-939-4900 orjorge.viIlaverde@usa.g4s.com,
Respectfu
KKe Viraaverde - General Manager, Orange County
4S Secure Solutions (USA), Inc.
ATTACHMENT 1
Page 31 of 134
SECTION B. BACKGROUND AND PROJECT SUMMARY
G4S has reviewed all RFP documents and statements including all related exhibits and addendums and has a
full understanding of the City of Costa Mesa Police Department's expectations for outsourcing its Jail Services
program. The CMPD jail is a 32 -bed, "Type I Jail Facility," as described in your RFP. G4S currently works within
several other Type I facilities in Southern California of equal or greater size. Below are brief summaries of each
Scope of Work section and our understanding of work and objectives to be accomplished.
Recruitment
G4S will fulfill all requirements outlined in section 3. SCOPE OF WORK, section V. STAFFING REQUIREMENTS
and fulfill these requirements by retaining or recruiting personnel into our Custom Protection Officer Division.
As noted in your RFP, the CMPD Jail holds historically male inmates only, prior to court arraignment and/or
pending release on Bail, Own Recognizance, Written Promise to Appear, etc. G4S is experienced in hiring both
male and female personnel that qualify under G4S requirements to work in this environment and are recruited
to handle both male and female inmate intake at our various facilities. If requested by CMPD, we would
endeavor to operate the same.
Background Checks
G4S has reviewed all requirements specified in section 3. SCOPE OF WORK, section V. STAFFING
REQUIREMENTS, subsection 21, and has no reservations to fulfilling these requirements. G4S standard
background checks outlined on page 15-16, exceed these requirements.
Trainin
G4S can meet and exceed all training requirements outlined in section 3. SCOPE OF WORK, section Vi.
TRAINING. For more Information on our training plan, please see page 16-17 of our proposal
Food, Linen and Cleaning Services
In reference to section XV. MAINTENANCE OF TYPE I JAIL FACILITY, section XVII. SANTIATION AND HYGIENE,
section XVIII. FOOD SERVICES, and XXI. INMATE SERVICES, G4S can be fully compliant. Per your RFP, the CMPD
Jail also houses sentenced inmate -workers, who handle food service and miscellaneous janitorial and
maintenance duties. G4S is experienced in the issuance of food and linens on a daily basis at all other Type I
facilities we currently operate within. We also provide full facility cleaning services at no additional cost.
Although, our experience in purchasing, ordering and administrating all food and linen services is typically
handled by department personnel in all 10 of our other Southern California facilities, G4S will endeavor to find
a quality provider of food and linen services that meet all city, county and State regulations and also required
under the CSA.
m The City of Costa Mesa —October 21, 2011 3 '1
ATTACHMENT 1
Page 32 of 134
Scheduline
G4S agrees to staff the Costa Mesa 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, In addition, G4S shall
maintain the availability of at least one additional trained officer for deployment when needed, to fill any
vacancy, within two hours. G45 will also provide services for sobriety check points and event services to
support the department when needed.
Transportation
The CMPD RFP also indicates within its introduction and in section XXVI that Jail staff facilitates the
transportation of inmates to and from court and to and from other holding facilities. G4S is also familiar and
experienced with this type of work, handling transportation needs for a number of our local police
department clients. Transportation includes services in department vehicles to and from the Orange County,
Los Angeles County, San Bernardino County and Riverside County Jails and pickups/drop offs at local hospital
of inmates at times. G4S has no reservations about providing inmate transportation services for the City upon
review of current policy and procedures.
I.C.E. Liaison
In reference Section 3. SCOPE OF WORK, section XXIV. ICE LIASON, The City of Costa Mesa requires a working
partnership with the existing ICE Liaison to facilitate the issuance of detainees or transportation. G4S currently
is contracted with the Department of Homeland security providing contracted Custody and Transportation
Officers for the Immigration Custom Enforcement (ICE) program. Our long standing partnership with ICE and
DHS will allow for an experienced and well managed partnership to accommodate the relationship between
the City and its ICE partners.
Compliance
Lastly, it is G4S's experience in our everyday operations at current police department jail facilities which we
are contracted with, to 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 to operate in compliance with all
appropriate state and local building, zoning, health, safety, and fire statutes, ordinances and regulations, and
with the minimum jail standards established by regulations adopted by the CSA as set forth in Subchapter 4 of
Chapter 1 of Division I of Title 15 CCR. Our operation if selected by the City of Costa Mesa would also be in full
compliance.
ATTACHMENT 1
Page 33 of 134
SECTION C. METHODOLOGY
G4S ORANGE COUNTY OPERATIONS SUPPORT STAFF
The General Manager at the local area office is ultimately responsible for the delivery and management of all
custody services within his/her geographic area. At the local level, the General Manager has been authorized
to commit the resources necessary to satisfy contract requirements, conduct all required customer
interface/inspections, and is expected to maintain the highest standards of quality. G45 Corporate policy
dictates that each area office follow standardized procedures in regard to recruitment, screening, hiring,
uniforming, quality, payroll, training, and administrative functions.
This standardization provides controls that ensure consistent and quality service throughout the organization.
In addition, it provides a common focus, strengthens communication, enhances supervision, reduces costs,
and fosters interactive relationships between the corporate and regional management teams and the area
office. Further, the area office is its own profit and loss center, with the General Manager making his/her own
operational and financial decisions. This means that key decisions pertaining to the day-to-day operation of
the City of Costa Mesa Jail account may be made immediately, at the local level. It is incumbent upon the
office to maintain appropriate staffing levels that will enable us to provide the highest degree of professional
service in the most cost-effective manner.
Experienced supervisory and administrative personnel support the General Manager in the day-to-day
operations of our accounts, This support includes, but is not limited to, the following: .
♦
Client relations
♦
Supervision
s
Recruitment
♦
Inspections
♦
Background screening
♦
Physical security surveys
♦
Classroom training
♦
Review/Write post orders
♦
On -the -lob training
♦
Uniforming
♦
Continuing education
♦
Equipment procurement
Our Orange County office is vigilant in its ability to respond to our customers' needs. Therefore, it is equipped
to operate 24 hours a day, seven days a week. All managers, supervisors, and selected security officers are
assigned mobile communication devices. Regardless of whether contact is made with the local office during
business hours or G4S's National Call Center after hours, this system allows our key personnel to instantly
communicate with each other, and appropriate emergency personnel (i,e., police, fire, and emergency rescue
service) as necessary.
ATTACHMENT 1
Page 34 of 134
The Orange County office will provide first -level support to City of Costa Mesa. The geographic compatibility of
this office to the City of Costa Mesa facilities allows us to properly supervise your account, gives us knowledge
of the local labor market, and gives us direct access to any additional resources that may be needed at your
facility during short -notice or emergency situations. Our area office is fully licensed to conduct business in the
State of California.
60 DAY CONTRACT IMPLEMENTATION SCHEDULE
G45 has extensive experience in assuming contractual security responsibility from other security
organizations, as well as in-house municipality forces, with a minimal amount of impact upon client operations
and affected personnel. Typically our transition timeline is about 30 days, however, with the unique training
required to manage a Type I facility, G4S typically request 60-90 day transition timeline. CORE Academy/Title
15 Training Courses are on a set schedule and because of this, our contract schedule could be impacted. The
contract schedule is subject to availability of CORE Academy dates and availability. If candidates do not
have already have certification, California State Law allows for officers to complete academy training within
first year of hiring.
The following is a high-level overview of our plan:
TASK
SERVICE
STARTS
Contract award
Meeting of G4S Management
Team and CMPD Jail
Leadership Team
Set timetables, tasks, define
expectations, define roles
Begin recruitment of new
and/or existing personnel
G45 Interview Custody
personnel
CMPD Meet and Approval of
personnel
Conduct background
investlgations
Offers of employment
Conduct surveys
Review/write post orders
Provide G4S Classroom
X
_
Training
The City of Costa Mesa — October 21, 2011 6
ATTACHMENT 1
Page 35 of 134
Order and Issue
uniforms/equipment
Create master
schedules/assign personnel
On -the -Job training
Final Review of Post Orders,
Procedures, Personnel Files
Place equipment/forms
Contract commences
Contract compliance/quality
control
PROJECT OBEJECTIVES AND TASKS
Upon contract award, as part of the transition and startup process, our office staff will initially meet with City
of Costa Mesa's designated representative(s) to review contract requirements for the job. We will also
conduct a physical security survey of the jail facilities, review any current operating procedures and discuss
staffing as it pertains to incumbent personnel. The office staff will include:
B - ✓ General Manager, Jorge Villaverde ;
i, ✓ Operations Manager, RobertAull
✓ Human Resources/Recruiter, Jessica Putzeys
✓ Training Manager, Corbin Young
✓ Regional Training Manager, Rod Natale
✓ Manager of Business Development, Brandon IN Joffe
✓ Regional Vice President, Mark L Tsuji
Soon after the initial meeting, we will hold weekly conference calls to discuss our findings and provide a forum
to discuss any undocumented or unobserved job specifications. We will also take this opportunity to ensure
there Is no disconnect between the level of service to be contracted and City of Costa Mesa's expectations.
These expectations will help define the operating plan, we will communicate them to the entire security team
in training sessions, and our supervisors continue this communication on an ongoing basis.
GENERAL TASKS TIMETABLE
Week 1:
o Start -Up Team - designed for the transition of services at your facilities our team will meet with your
representatives to discuss transition details, philosophy and approach..
ATTACHMENT
Page 36 of 134
• Recruit Existing Personnel - If you so desire, every effort will be made to retain qualified incumbent
personnel and to solicit their employment with G4S. At this time, G4S representatives will meet informally
with the Incumbent personnel and present a brief synopsis of G4S. They will also distribute literature and
employment application packages, In addition, they will meet informally with Incumbent employees to
allay fears associated with a transition. This meeting would be the first of many such opportunities to
address the incumbent work force.
• Recruit New Personnel - A recruitment effort will be initiated as necessary to fill any remaining positions.
Sources include, but are not limited to the use of G4S's on-line recruitment center (www.64s.com/us),
employment action logs, applicant files, employment services, current employees, as well as friends and
relatives. Our recruiting for your account will focus on individuals with relevant experience.
Week 2-3:
• Interview/Select Personnel — G4S management will interview all personnel and ask each employee to
elaborate on information contained in the application and related documents, including the background
investigation consent forms, The interviewers will ensure all questions are answered completely, all
documents are signed where required, witness signatures where required, and collect, copy and return
documents, i.e„ licenses, 1-9 documentation, DD 254, etc. Additionally, personnel screened and selected
by G4S will be sent to the department for a meet and greet to allow for pre approval of the candidates to
be assigned to the facility.
•, Conduct Background Investigations - Human resources specialists will ensure all required releases for
investigations of prior employment, driving record and criminal history have been signed and witnessed
before initiation of any inquiries. Prior employers, DMV, personal references, police record sources, etc.
will be contacted to verify information given in the application or if necessary to determine employment
eligibility.
• Offers of Employment - The human resources specialists will ensure offers of employment are made to
only those individuals who meet all qualifications. These individuals will have successfully passed all steps
of the employment process, including the background investigation, and will be eligible for continuation in
the processing phase.
• Conduct Surveys — G4S Operations Management will conduct a physical security survey of your facility,
buildings, grounds, etc., covered by the contract. It will also include the current security measures,
Including physical security coverage, lighting, fencing, access control, key control, post orders, etc. In
addition, it will provide specific recommendations for improving the security program, Le,,
reduction/increase in hours of coverage, manpower, lighting, access measures, etc.
• Review/Write Post Orders - G4S Operations Management will work with contract personnel to review and
design post orders (general, specific and emergency orders) for each post based on your security plan The
supervisors, training officers or other individuals in a training role will use the post orders while conducting
ATTACHMENT
Page 37 of 134
on-the-job training. Additionally, a checklist of post activities will be developed for the post orders and
used by the supervisor or other G4S representative conducting post inspections to test the knowledge and
skills of the assigned personnel.
Week 4-5:
• G4S Classroom Training - The training specialists will implement the training program and plan as designed
by the G45 North America Training Institute (NATI), This training will incorporate CMPD required 50 hour
training and G4S required CPO training. The training material will be consistent with the knowledge, skills
and abilities necessary to perform their general responsibilities.
NATI uses lesson plans in a variety of subjects and languages as well as self -study student workbooks
utilized worldwide.
Week 6:
• Create Master Schedules - An Installation Schedule will be completed covering post hours, number of
personnel at each post, etc. The schedule serves as a worksheet for entering information into the
computerized scheduling system. The system includes the information contained in the Contract Master
related to pay and billing information. The installation schedule will be prepared as far in advance as
practical so that employees will be aware of their work schedule and days off.
IJ •�
,',• Order Uniforms/Equipment - G4S has a computerized, on-line order entry system for the purpose of
.. expediting accurate uniform, equipment and supply orders direct from the G4S warehouse and pre -
approved vendors. This system reduces the cost of items due to our sole source buying and pre -approved
item selection and packaging. Supplies uniforms and equipment are shipped on request and available
within necessary timeframes. The operations specialists will be responsible for ordering uniforms,
equipment and supplies. Uniforms will be ordered and issued with adequate time for alterations.
Week 7:
• Issue Uniforms/Equipment - As uniforms and equipment are issued, accountability is recorded on the G4S
individual Uniform and Accessories Record, which includes number of issue, item, date of issue,
employee's signature and initials, and witness signature. We will use this form to document any returned,
reissued or, as required, any newly Issued item.
• Assign Personnel to Schedules - In every case possible, employees will be assigned to schedules that are
suited to their personal background, personality, appearance, and desires, thereby contributing to a higher
level of personal performance through motivation.
Week 8:
.._ .................. .
ATTACHMENT 1
Page 38 of 134
Place Equipment/Forms on Post - Equipment, forms and supplies to be assigned to a specific post will be
identified, tagged, sorted and assigned to the first individual assigned to the post on the day of contract
commencement,
On -The -Job Training - After employment and post assignment, on-the-job training will be conducted with
all newly assigned employees and for all those incumbent personnel changing post responsibilities. This
on-the-job training will be conducted by the training specialists, our training officers, supervisors or
incumbent security force members familiar with the post and its responsibilities.
Week 1— Contract Period:
Contract Commences - In addition to manning each post, G4S management will be present for contract
commencement to ensure a smooth transition and handle any contingencies that may arise.
HIRING AND RETENTION OF CURRENT EMPLOYEES
One of the most important aspects of a successful contract is the stability of the operation and ensuring the
transition from an in house to contract force has minimal impact on the Integrity of the jail operation. This is
directly tied to retention of existing, in house personnel.
r'7 Our employee retention strategy begins with the hiring of employees that meet G4S and customer -specific
standards. The first aspect to promoting retention is to align pay rates with local labor market conditions and
customer -specific qualification requirements, Area wage surveys are conducted on a regular basis and,
Whenever possible, G4S attempts to pay its personnel above average wages in an effort to promote retention
and limit turnover. This is very much true in custody environment, where we start Custody Officers at
$16.50/hour and pay on up to $30.00/hour.
After the pay rate, the employee benefits package plays the most important role in the overall satisfaction of
employees and ultimately the retention rate. We have provided an overview of our proposed benefits package
for this account in the appendix section of this proposal; however, we are willing to work with City of Costa
Mesa to negotiate as positive a package as possible to promote retention.
A final element of retention is achieved through training, which emphasizes the need for officers to take a
sense of ownership in the operations of a contract. Employee development is encouraged for all employees
and is key to the retention of experienced personnel. In order to empower employees, equal opportunity is
provided for all personnel to participate in career development. Our retention strategy focuses on the
following key areas:
♦ Living wage commensurate with local market conditions and qualification requirements
e Enhanced benefits and incentives
ATTACHMENT
Page 39 of 134
♦ Proper training
♦ Career development and growth opportunities
♦ Management support
♦ Employee empowerment
♦ Meaningful communication — G4S recognizes that regular communication with employees is a key factor in
employee satisfaction. We tend to communicate with our employees through several formal and informal
vehicles. These include, but are not limited to, the following:
♦ Supervisor to employee and ♦ G4S's website
employee to supervisor dialogue ♦ Scheduled meetings
♦ Manuals s Pay stub attachments and payroll stuffers
♦ Post orders ♦ Posters
♦ Focus publications (continuing ♦ Pipeline magazine (company publication focused
education publications) on employee recognition)
In an industry where turnover is typically high (reportedly reaching as high as 300% to 400% annually for some
firms in the U.S.), G4S has made significant strides to reduce these numbers. Using a cross section of types of
contracts, the Security Services Division's national average turnover rate for 2010 was approximately 30-35%
in Orange County. We track our turnover on a continuing basis and utilize technology to analyze reasons for
turnover as depicted below.
QUALITY CONTROL
Quality assurance is an intangible concept that must be achieved through tangible means. G4S has taken a
practical approach to quality assurance by providing our management with the necessary tools for operation
and implementing controls to monitor and provide accountability for those operations. G4S Secure Solutions is
able to achieve unmatched service quality through a combination of standard policies and procedures,
technology, internal compliance measures, and customer satisfaction:
Total quality is our mission. It permeates every operation and every process, The ever increasing demands and
expectations placed upon us by our internal and external customers prompted us to evaluate and, in certain
cases, re-engineer our operational systems, policies and procedures
✓ ISO 9001:2008 Certification - ISO registration provides an objective third -party quality assurance of
our policies, procedures, and operations, with ISO registration achieved in these key organizational
areas:
✓ Human Resources & G4S North America Training Institute
✓ Strategic Accounts Group
ATTACHMENT 1
Page 40 of 134
✓ International Accounts Division (IAD)
✓ 90 -Day Control Plan — In line with principles of ISO and G4S's ongoing efforts to continuously improve,
G4S has implemented a 90 -day Control Plan. This plan involves the ongoing monitoring of newly
transitioned sites through follow-up activities to ensure the resolution of any issues that arise during
the initial 90 days following the transition,
✓ Six Sigma - G4S has extensive experience supporting clients working within Six Sigma programs, with
our Strategic Accounts Group management holding Green Belt certifications:
✓ Reliability through Professional SOPS - Standard operating procedures (SOPS) and accurate post
orders contribute to our service reliability. G4S's best practices for payroll, billing and administrative
procedures are online, supporting consistent operations.
✓ Internal Compliance Measures -Ongoing compliance measures, as part of our Quality Assurance
Program, provide the operational oversight for us to deliver the security your promised.
o Area supervision monitors & evaluates officers through announced & unannounced site
inspections
o Internal audits by our independent audit unit ensure compliance with operational
requirements & local/state/federal laws and regulations s's
o Balanced Scorecard, a set of measurable criteria, measures G4S office performance &
compliance
Performance Reporting We provide clear performance information in a timely manner to assure
your service quality, contract compliance, and continual improvement, as seen in:
Item
Description
■
Quality & service data available on-line in customized, secure web portal
On -Line Reporting:
■
Data updated real time, consolidated Into single interface
Customized Web Portal
■
System security restricts access to authorized users only
■
Comprehensive data in secured Internet connection at no cost
Incident Tracking &Reporting
■
Real-time reporting via Secure Trak"" hand-held to secure web portal
Core KPis customized to your needs, including:
■
Customer satisfaction
■
Turnover
Key Performance Indicators
IIISecurity
spend & overtime charges
■
OSHA statistics
■
Post Inspections & site visits
The City of Costa Mesa — October 21, 2011 12
ATTACHMENT
Page 41 of 134
C?J
■ Web -based satisfaction survey rates service aspects
Customer Satisfaction: ■ Results drive written corrective action plans
On-line Surveys ■ Reported in KPIs during Business Review Meetings
■ Available in real time via your custom web portal
Formal meetings quarterly, twice per year, or annually, covering:
■ KPIs & service trends
Business Review Meetings ■ Positive & negative performance
■ Improvement Initiatives & challenges
■ Overall securityeffectiveness
INNOVATIVE AND CREATIVE APPROACHES — USING TECHNOLOGY
G45 has a dedicated technology group that develops proprietary security technology products that both
supplement and enhance traditional manned guarding. The following table summarizes technologies and how
they will directly benefit the City of Costa Mesa's jail service program. Additionally, we welcome the
opportunity to present and discuss further our proposed technology solutions to the City.
Technology Solution
Benefits
to the City of Costa Mesa i
1
NO
Increases supervision through GPS plotting
♦
Provides real-time incident reporting & management
Secure Trax'" -.
♦
Enhances safety inspections with Immediate reporting
♦
Enhances compliance through post inspections
-
♦
Acts as a multi -communication device
Command Center
♦
Enhances your command center operations with Incident reporting and
Module
management capabilities tied to Secure Trax7m
♦
Increases compliance with guard tours and patrol functions
On-line Time &
♦
Provides real-time monitoring of arrival and departure times
Attendance Tool
♦
Reporting provided through a Customer Portal
♦
Replaces the need for paper time records
Business Intelligence
♦
Provides detailed reporting of key performance indicators (KPIs) and other
Module
operational analytics
♦
Provide a single platform to view contract -specific material
Automated HR
♦
Enhances billing function and accuracy
Systems & Billing
♦
Automated HR systems enhance compliance over screening, training and
licensing of personnel
Remote Video
♦
Replaces manned guarding through live video monitoring thereby providing a
Monitoring & Data .
reduction in labor expenditures
Center
SECTION D. STAFFING
PROPOSED CUSTODY OFFICER PROGRAM
Based on the environment and competency required to manage a
Type I facility, we are proposing our highest level of security
officer, G4S's Custom Protection Officer® (CPO) program for
Custody Officer Positions within the CMPD Jail.
ATTACHMENT 1
Page 42 of 134
G4S's Custom Protection Officer® Program provides the right level of officer skills and expertise for your
Custody Officer skill sets. Through G4S's extensive selection and training, our officers provide the best
privatized substitute for law enforcement the industry can offer. Their appearance, attitude and performance
provide the professionalism you expect. We've chosen our CPO program for your situation because your:
✓ Security requirements require skilled, competent and physical protection.
✓ Premises demand a strong physical security presence & positive image.
✓ Officer must show good judgment, make independent, on -the -spot decisions & react appropriately
under stressful conditions.
CUSTOM PROTECTION OFFICER® QUALIFICATIONS
Our officers are recruited from a unique labor pool, different than typical commercial security officers. In
addition to the basic qualifications required of all G4S officers, to become part of our premier corps of security
professionals, all candidates must meet at least one of the following qualifications:
Custom Protection Officer® (CPO) Required Qualifications:
✓ Law Enforcement Experience
✓ Service in the Elite Military Forces, Military Police or combat arms
Graduate of Police/Corrections Academy
✓ Criminal Justice Degree
✓ Career Military
Additional Basic Qualifications
G4S will only consider personnel that meet both the Courts and G4S's minimum qualifications. All new hire
personnel will meet the following qualifications for employment:
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✓ Must be at least 21 years of age
✓ Must be a U.S. citizen
✓ Must possess a Social Security Card approved by the Social Security Administration
✓ Must possess a State Driver's License with a safe driving record for the past five years
✓ Must be fluent, both orally and in writing, in English or another required language
✓ Must possess excellent communication and people skills
✓ Must possess a high school diploma or equivalent
✓ Must be trained and licensed (where applicable) In accordance with state requirements
✓ Must have been honorably discharged if served in a branch of the military service
✓ Must not have been terminated from previous employments for other than honorable
circumstances
✓ Must possess basic computer skills and/or security systems knowledge
✓ Must be able to withstand physical demands of the position
✓ Must be able to interpret and apply rules, regulations, policies, etc.
COMPREHENSIVE BACKGROUND CHECKS
G4S understands the importance of maintaining a high level of performance of all Custody Officer personnel.
We understand that personnel will be responsible for interacting with a variety of inmate personalities.
In order to verify the applicant's required standards and overall character, G4S will conduct a preliminary
background Investigation on all new Custody Officer applicants before submitting the applicant to the City for
suitability determination.
The following table describes our preliminary background investigation process for all new hire personnel
assigned to the'Courts contract:
64S Custom Protection Officer, Background Screening Processes
Description
G4S initiates a social security number confirmation trace to validate the name(s) and
addresses provided. This portion of the screening process also includes a check
against the Specially Designated Nationals (SDN) and Blocked Persons list maintained
Identity verification by the Office of Foreign Assets Control (O.F.A.C.), which puts G4S in compliance with
the Patriot Act and the Trading with the Enemy Act. Our system updates the list daily
to ensure that all new hires are screened against the most current lists.
G4S verifies all activity, including prior employment and/or education for the last
Employment &seven years. Perlods of unemployment lasting 60 days or more are also verified. This
Education Verification may include character references from non -related individuals.
Criminal Records Check `, G4S conducts a county of residence criminal record check for all residential addresses
The City of Costa Mesa— October 21, 2011 is
ATTACHMENT 1
Page 45 of 134
Ili
provided for the last seven years. Where statewide criminal record checks are
available, G4S submits a request to the appropriate state agency. In addition, a multi -
jurisdictional search of criminal database records is conducted that covers Courts,
correctional departments, departments of parole, and sex offender registries
nationwide.
G4S initiates a check of the applicant's driving record through the state department
Driver's•�License Check of motor vehicles. This would reveal all traffic violations, driving -related offenses, and
substantiate a valid operator's license.
Credit.Report 34S initiates a credit check to determine if the applicant is financially responsible.
All applicants undergo a 10 -panel urinalysis test conducted by an Independent drug -
screening clinic. Applicants are sent to a collection location where a sample Is
collected and sent to a lab. The lab sends the results to our drug screening
Drug Screen coordinator, who forwards the results to the local office. Chain -of -custody forms are
used to ensure testing integrity. Due to the Importance of this component of the
hiring process, G4S has contracted with Quest Diagnostics to provide drug screens on
a national basis.
' MMPI- - Physiological Exam
Prior to submitting a new applicant for a Custody position, a medical exam will be
Physical Exam conducted by a licensed physician to determine if the applicant is physically suited to
perform the duties related to being a Custody Officer and is able to withstand the
physical demands of the position {
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r; �" ^Only 1 out o�a�0 CRO candidafies'successf}iusslJyzpass�yourscreenmg a d are„, rrpec,�
G4S'S NATIONALLY RECOGNIZED TRAINING ACADEMY
G4S's CPOs assigned as Custody Officers will receive world-class training developed by ASR
our 34S North America Training Institute, which was the first training organization to Ame,,wn systems
pursue ISO 90012008 registration in the security guard industry. Training is more than REG IST ILA R.
our core competency; it's G4S's area of excellence. Our award winning training
programs have been developed for our Custom Protection Officer° (CPO) which are ��aCJ�`
�Y7
then customized to meet your individual needs.
In 2007, 2008, 2009, and 2010 the G4S North America Training Institute was named
one of Training Magazine's Top 125 employer-sponsored training programs and was
awarded the APEX 2008 Award of Excellence in the Multimedia & Interactive
r
)
6
G4S's CPOs assigned as Custody Officers will receive world-class training developed by ASR
our 34S North America Training Institute, which was the first training organization to Ame,,wn systems
pursue ISO 90012008 registration in the security guard industry. Training is more than REG IST ILA R.
our core competency; it's G4S's area of excellence. Our award winning training
programs have been developed for our Custom Protection Officer° (CPO) which are ��aCJ�`
�Y7
then customized to meet your individual needs.
In 2007, 2008, 2009, and 2010 the G4S North America Training Institute was named
one of Training Magazine's Top 125 employer-sponsored training programs and was
awarded the APEX 2008 Award of Excellence in the Multimedia & Interactive
I
ATTACHMENT 1
Page 46 of 134
G4S'S CUSTODY OFFICER TRAINING PROGRAM FOR CMPD
Upon successful completion of the background investigation, each Custom Protection Officer® (Custody
Officer) will receive over 30 days of training before running the post on its own. This required training exceeds
all industry and state of California standards and includes the following:
✓ Title 15 Training: 170 hours
✓ G4S Pre -Assignment Classroom Training: 40 hours
✓ CMPD On -the -Job Training (OJT): 64 hours
✓ CMPD required 50 hours Training (can be divided and assigned amongst the classroom and on
the job training)
✓ 24 hours Annual Refresher Training (Title 15)
✓ 8 hours Annual CMPD Refresher Policy Training
Site -Specific Training
In addition to above classroom training and required Title 15 training, assigned personnel will receive a
minimum of 64 hours of site specific, on the job training. This pre -service training will be under the direction
of the Training Manager and will consist of site specific training as approved by the CMPD representatives.
Programs will consist of items specific to the operation of the account. After completing the training program
the site supervisor or training manager will sign the employee's training record and add the officer's name to
the roster of officers that have completed the training program and are eligible to work at the site.
PROJECT MANAGEMENT AND RESUMES
The assigned Project Manager for the City of Costa Mesa custody service contract would be G4S Orange
County, General Manager -Jorge Villaverde.
Please see Appendix B for Key Personnel Resumes.
SECTION E. QUALIFICATIONS, RELATED
EXPERIENCE AND REFERENCES
G4S COMPANY PROFILE
Annual Revenue .................................................... $2.5 Billion (North America)
Number of Employees .......................................... 45,000
Year Founded........................................................ 1901
ATTACHMENT 1
150 9001:2008 Registered: .................................... G4S North America Training Institute,
Human Resources Department,
National Account Group
& International Accounts Division
SAFETY Act Designation & Certification... I security services provider awarded by U.S. Department of
Homeland Security
Corporate Office 1395 University Blvd.
P................................ Jupiter, FL 33458
(800)922 6488
(561) 622 5656
www.94S.com/usw
While this proposal presents an outline of our operational structure, capabilities and unique
characteristics, we hope to demonstrate that industry leaders choose to partner with us because G4S:
✓ has a nationwide network of over 110 area offices that are fully staffed with experienced professionals and equipped
with the latest technology in order to provide streamlined administrative functions, and an exceptionally well-trained,
highly motivated, and expertly supervised workforce.
✓ is focused on quality service and its key functions, to include the G4S North America Training Institute (our in-house
training division), the Human Resources Department and the National Account Group, have all received ISO 9001:2008
registration.
✓ is flexible, Innovative and customer focused as evidenced by the creation of our customized security programs and this
has led to the development of our Custom Protection Officer® premium service level, ideal for serving Jail Service
Programs.
✓ is focused on safety as evidenced by our corporate -wide Safety Program and receipt of Safety Act Designation &
Certification from the U.S. Department of Homeland Security.
We are confident that G4S has no peer considering our internationally respected security services, our
ATTACHMENT 1
Page 48 of 134
benchmark training programs, and our commitment to process improvements, which provide our customers
with the best value and complete satisfaction. We listen to our customers and respond to their needs with
innovative security solutions backed by over a half century of service excellence,
G4S ORGANIZATIONAL STRUCTURE
The Security Services
WESTERN REGION
NORTH CENTRAL REGION
Division is the major
Bob Bobo, VP
Carl Page, VP
(0) 303.341.4433
(0) 614.322.5100
CALIFORNIA &
business unit of our
(F) 303.363.6030
(F) 614.322.6110
Division Is the Well-
corporation and 15 the
(C) 303.356.1208
(C) 614.203.8134
NORTHEAST
division responsible for the
Mark Tsuji, VP
(0)714.939.4900
11.
REGION
Rich Amoroso, VP
implementation of
distinct o
operating units
p g
(F) 714.939.4914
(C) 714.206.3646
(0)716.633.8013im
F ) 716,633.1040
government security service
o-'� '�.-
(C) 561.568.1623
qualified security professionals trained to respond to a myriad of security needs and requirements. These
requirements can range from the configuration of a relatively simple physical security plan to contingent
planning, special events staffing, and complex, industry -specific requirements.
G4S FINANCIAL CONDITION
y .
G4S's 2010 Financial Report is available publically at http://reports.a4s com for review by Costa Mesa
personnel. Because of the size of the report (136 pages), we have provided the above link and a short
summary for ease of review. We have also provided some consolidated reports in Appendix
G4S is traded on the London (stock symbol: GFS) and Copenhagen stock exchanges. G4S is part of the Financial
Times Stock Exchange (FTSE) 100 Index, which represents 80% of the market capitalization of the entire
London Stock Exchange. This distinction sets G4S apart as one of the 100 most highly capitalized companies
listed on the London Stock Exchange. Global annual revenues for 2009 were approximately $10.9 billion (2008:
$9.2 billion). In North America, 2009 annual revenues were at $2.49 billion ($2.04 billion In 2008), Choosing
contracts. The cornerstone
Of the Security Services
CALIFORNIA &
T
n
MID ATLANTIC REGION
Malcolm Bumhett, VP
Division Is the Well-
PACIFIC REGION
(0)336.654.3330
established network of
Mark Tsuji, VP
(0)714.939.4900
(F) 336.855.8227
(C) 336.210.6115
distinct o
operating units
p g
(F) 714.939.4914
(C) 714.206.3646
within the U.S. G4$ has
FLORIDA REGION
Eddy Esquivel, VP
staffed these Operating
(0) 305.266.2004
TEXAS B LOUISIANA DISTRICT
rF1305.261.6511
units (regional, area,
Chad Starwalt
district project, branch and
, p J
(0)71 8872
(F)713..621.621.8867
satellite offices) with highly
(C) 713.369.6506
qualified security professionals trained to respond to a myriad of security needs and requirements. These
requirements can range from the configuration of a relatively simple physical security plan to contingent
planning, special events staffing, and complex, industry -specific requirements.
G4S FINANCIAL CONDITION
y .
G4S's 2010 Financial Report is available publically at http://reports.a4s com for review by Costa Mesa
personnel. Because of the size of the report (136 pages), we have provided the above link and a short
summary for ease of review. We have also provided some consolidated reports in Appendix
G4S is traded on the London (stock symbol: GFS) and Copenhagen stock exchanges. G4S is part of the Financial
Times Stock Exchange (FTSE) 100 Index, which represents 80% of the market capitalization of the entire
London Stock Exchange. This distinction sets G4S apart as one of the 100 most highly capitalized companies
listed on the London Stock Exchange. Global annual revenues for 2009 were approximately $10.9 billion (2008:
$9.2 billion). In North America, 2009 annual revenues were at $2.49 billion ($2.04 billion In 2008), Choosing
ATTACHMENT 1
Page 49 of 134
the right security provider today means you can expect continuous performance year after year. Financial
strength is an often overlooked indicator of a provider's long-term presence. It provides you greater
confidence regarding the provider's ability to:
✓ Make payroll 100% of the time, on-time
✓ Continuously bring new technologies to your service
✓ Maintain an office today & tomorrow
✓ Survive during the normal turbulence of doing business
✓ Reliably deliver on their promises during today's once in a lifetime economic challenge
In response to Section 4, Subsection E, Subsection 4 of the RFP asks us to: "Describe any administrative
proceedings, claims, lawsuits, or other exposures pending against the proposer"...
The nature of the Corporation's business results in civil claims and litigation alleging that the Corporation is
liable for damages from the conduct of its employees or others. Additionally, with more than 35,000
employees nationwide, the Corporation is subject to routine compliance investigations conducted by
governmental agencies, such as with the Department of Labor, the Occupational Safety and Health
Administration and other regulatory agencies, In the opinion of management, there are no such claims or
proceedings pending that have had or would have a material effect on the operation of the Corporation or its
ability to provide services to the City of Costa Mesa.
EXPERIENCE & DEMONSTRATED COMPETENCE WITH GOVERNMENT CONTRACTS
G4S has extensive experience in providing a variety of government levels with services. From Federal, State,
County and City services, we have developed the expertise to meet any challenge and the expectations of
11 clients who depend on professional security services from a proven provider. We have been providing custody
services specifically since 1992, (Please see inserted Case Studies)
Of particular pride is our relationship with the Federal government as a Federal Supplier (GSA number
provided if needed). As the largest provider of security services to the U.S. Government, G4S secures some of
the nation's most treasured and vital government sites. Providing proven security solutions to nuclear
facilities, detention facilities, transportation services, judicial center, libraries, water treatment plants, office
buildings, assessment centers, transit systems, dispatch centers, airports, military facilities and locally service
for such organizations as Immigration Custom Enforcement and the Southwest Border Patrol.
KEY STAFF AND REFERENCES
References and Reference Letters can be found in Appendix C & D. Key Staff can be located in Appendix B.
ATTACHMENT 1
Page 50 of 134
SECTION F. FEE PROPOSAL
The City of Costa Mesa — October 21, 2011 Y1
LEA
120 hours/week
LEA
G4S proposes _
.'adding Custody
officer shift
Leads based off
staffing
schedule, Hours
of coverage
remains the
same
ATTACHMENT
Page 51 of 134
Appendix D
PRICING PROPOSAL FORM
OPERATION OF THE COSTA MESA POLICE
DEPARTMENT TYPE I JAIL FACILITY
Provide hourly rates, along with estimated annual pricing in accordance with the City's
current requirements, as set forth in section VII. SCHEDULE REQUIREMENTS. (These
hours are subject to fluctuation, but shall be used for the purpose of pricing comparison.)
Also provide your firm's proposed Staffing Plan on a separate sheet of paper.
Pricing shall remain firm for a minimum of one and one half (1.5) years. Any and all requests for
pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty
(60) days prior to the end of the contract period. Any such proposed price adjustments shall not
exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -
Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change
comparing the original proposal month and the same month in the subsequent year. (This
information may be found on the U.S. Department of Labor's website at www.bls.gov.)
Employee —Hourly Rate Overtime rate
Supervisor $ 44,19$ N/A (salary)
CustodyOfficers $ 33.60 $ 47.04
Custody Officers $ 30.34 $ 42.48
-n\A0O )Ouftiwee\G
Supervisor Hourly Rate x 40 hours/week x 52 eeks/ ear
$ 91, 915.20
)Custody Officer Hourly Rate x 40+heiifs� x 52 weeks/ ear
$ 209, 664.00
Custody Officer Hourly Rate x 280 hours/week
$441,750.40
Total Estimated Annual Price (—lo ,o Rauf 5=
$743,329.60
The above rates include:
* Overtime costs for six holidays * Title 15 Initial and Refresher training
* Overtime to cover vacation/call-offs * Title 15 Training costs due to officer turnover,
* Background investigation * Training as outlined for Custom Protection Officer
* Drug Screening/Recruiting * 64 hours of on-the-job training
* 80 hours vacation per year * 50 hours of CMPD Jail Policy Training -
*. Area supervision * Account Management and Local Office Support
* Federal Credit Union * 401k plan
* Corporate support * Uniforms
* Payroll taxes and insurance * Medical, Dental, Vision, and Life Benefits
* Cleaning Supplies * Jail Maintenance
The above rates do not include:
* Food Services & Linen Services as these services do not represent a fixed cost. G48 will
(if required by the City) subcontract services through a thoroughly vetted bidding process and
pass through the cost of these services with a 3°r markup for administration of services to C
G4S will endeavour to select services that meet all City, County and State and Title 1 ealth
Standards.
ATTACHMENT 1
Page 52 of 134
SECTION G. DISCLOSURE
To the best of our knowledge and belief no employees or officials of G45 have any business or personal
relationships with any Costa Mesa elected officials, appointed official, or City employee. Asa large corporation
with more than 35,000 employees across the United States, it is not possible for us to respond with respect to
all employees. The G4S personnel directly responsible for managing the contract have no such relationships.
ATTACHMENT
Page 53 of 134
SECTION H. SAMPLE AGREEMENT EXCEPTIONS
The following exceptions are noted for your consideration. G4S respectfully requests that the below items
be open to discussion as they represent in our opinion areas of industry best practices that are beneficial
to both parties.
Section 4 - Term and Termination:
The RFP states that the initial term will be 3 years with 2 one-year options to renew. The Agreement has a 12
month period that allows the parties to renew up to 4 one-year periods. Please clarify the term.
G4S requests reasonable termination rights for good cause such as in the event of a breach of the Agreement by
the City or legislative, regulatory, or other business factor that makes performance of the contract unreasonable.
G4S requests the right to terminate upon 60 days prior written notice to the City.
Section S Insurance:
G4S respectfully takes exception to Section 5.1(a) (i), which states: "Operator's assumption of all liability caused by
or arising out of all aspects of the provision and operation of the Jail." It is unclear what this provision means. G45
believes its obligations and assumption of liability should be governed by Section 6.9 and requests this language be
deleted.
GAS would like to clarify the Fidelity Insurance coverage requested in Section 5.1(e), G45 has the requested
coverage, but its customers are covered under an endorsement called 'joint payee'; not a "loss payee." If a loss
occurs, its insurer will pay G4S and the City.
G4S requests that Section 5.2(a) be revised to state: "All insurance policies shall contain a Waiver of Subrogation to
the extent of Consultant's indemnification obligation under the Agreement."
G4S requests the following language be added to Section 5.2(b): "Consultant's naming of The City of costa Mesa
and its elected and appointed boards, officers, agents, and employees as additional insured on its liability policies
pursuant to this Agreement shall afford coverage only for the negligent acts or omissions of Contractor pursuant to
this Agreement and shall in no event be construed for any purpose so as to make Consultant or the issuer of such
policies liable for the negligence (joint, concurrent, independent or individual), acts, errors or omissions of third
parties."
G4S requests Section 5.2(c) be revised to state: "Consultant's insurance shall be primary and any other insurance
maintained by the City of Costs Mesa shall be excess and noncontributing with respect to any damages arising from
Consultant's negligent acts."
Section 6.9 Indemnification and Hold Harmless:
G4S requests that Section 6.9 be revised as follows:
ATTACHMENT 1
Page 54 of 134
To the fullest extent permitted by law, the Consultant assumes liability for and shall save and
protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses and liabilities of any
kind whatsoever (all the foregoing, hereinafter collectively "Claims') including, without
limitation, reasonable attorneys' fees, arising out of or resulting from negligent acts or willful
misconduct of Consultant (including its subcontractors and suppliers) in the performance of
services under this Agreement.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations
of violations of Consultant's or its subcontractor's personnel practices orfrom any allegation
of an injury to an employee of the Consultant or subcontractor performing work or labor
necessary to carry out the provisions of this Contract, except to the extent such injury is
caused by the City's negligence or willful misconduct.
The indemnification obligations in this Section shall not be construed to negate, abridge or
otherwise reduce any other obligation of Indemnity the Consultant may have with respect to
the City which may otherwise exist. If any judgment is rendered against the City or any of
the other individuals enumerated above in any such action, the Consultant shall, at its
expense, satisfy and discharge the same, This indemnification shall survive termination or
expiration of this Agreement.
As an alternative, G4S would be willing to accept the language in Section 6.9 of the original Agreement released
with the RFP,
ATTACHMENT
Page 55 of 134
SECTION I. CITY OF COSTA MESA REQUIRED FORMS
ATTACHMENT
Page 56 of 134
Appendix C
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one
statement.
I certify that Proposer and Proposer's representatives have not had any communication with'a
City Cour cilmember concerning the Jail Operations RFP at any time after September 21, 2011.
I certify ha Proposer or Proposer's representatives have communicated after September 21,
2011 wit a City Councilmember concerning the Jail Operations RFP. A copy of all
communications is attached to this form for public distribution.
ATTACHMENT
Page 57 of 134
Appendix E
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire;
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No.
If the answer is yes, explain the circumstances in the following space.
3060775.1
ATTACHMENT 1
Page 58 of 134
Appendix F
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past twelve months. List below, or state "None."
To the best of our knowledge and belief no owners, no employees out of the G4S Orange County
office who would be directly responsible for managing the contract, and no employees who would
work on this contract currently hold such positions. As a large corporation with more than
35,000 employees across the United States, it is not possible for us to respond with respect
to all employees.
3060677.1
ATTACHMENT 1
Page 59 of 134
"Non -Collusion Affidavit"
To Be Executed By Proposer And Submitted With Operation of CMPD
Type I Jail Facility Proposal
State of California
County of (County) ss.
(Proposer's Name), being fust duly sworn, deposes and says that he or she is (Owner) of
(Contractor Name) the party making the foregoing proposal that the proposal is not made
in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the proposal is genuine and not collusive or
sham; that the proposer has not directly or indirectly induced or solicited any other
proposer to put in a false or sham proposal, and has not directly or indirectly colluded,
conspired, connived, or agreed with any proposer or anyone else to put in a sham
proposal, or that anyone shall refrain from bidding; that the proposer has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the proposal price of the proposer or any other proposer, or to fix any
overhead, profit, or cost element of the proposal price, or of that of any other proposer, or
to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the proposal are true;
and further, that the proposer has not, directly or indirectly, submitted his or her proposal
price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company, association, organization, proposal depository, or to any member or agent
thereof to effectuate a collusive or sham pro osal.
----------
------------
Date t lace)
GAS Secure Solutions (USA), Inc. Jor villaverde
--- - ----------------7------- .... _---------------------
---_
Proposer Name Authorized Representative
(Person, Firm, Corp.)
2300 E Katella Ave, Suite 150 Jorge Villaverde
Address Representative's Name
Anaheim, CA 92807 General Manager
-------- — ------------- — ---------------- _________________.___--________--______________
City, State, Zip Representative's Title
ATTACHMENT 1
Page 60 of 134
APPENDIX A. EMPLOYEE BENEFITS & INCENTIVE PROGRAMS
The following benefits and incentives are provided to officers assigned to your site on an as elected basis:
INSURANCE PROGRAMS
■ G4STs 42 Cholce Plus Plan
(CPos only)
■ Administered by United
Health Healthcare
■ Effective the first day of the
month following three
months of continuous
service.
If � 0°°far°Genenc X10 im u i) . ) ��
■ No deductible and a co-
° o Non r ` erred ra 5 ) m'
Prescriptions��d�era�vala�l t�s ereo pa p (2�
payment of:
t , x inim �o�Gene"rrl antl 50 ' i¢ym um Brand
°Q��N,alney/INoYlNM,�1k�ref/er�,ec�B�and) fro, u 0 ay cR.
�`t�suRa 4��p4Y�
Life ■ $10,000 In life insurance costto
■ G4S employees can purchase up to an additional $40,000 in life Insurance, in $10,000
Supplemental Life increments, and pay the additional premium (premium costs are based on age)
Insurance through payroll deductions
Accidental Death ■ G45 personnel who are not covered by another life insurance plan offered by the
& company will be entitled to occupational accidental death and dismemberment
Dismemberment Insurance in the amount of $5,000
Insurance
ATTACHMENT
Page 61 of 134
RETIREMENT PLAN
G4S provides a 401(k) Plan to qualified employees (employees considered highly compensated under
ERISA do not quality). Qualified employees:
■ May contribute 1% to 40% of their compensation on a pre-tax busts
■ Have the opportunity to save for retirement with current tax -deferral advantage
■ Can take loans from their 401(k) Plan, repaying through convenient payroll deductions
EMPLOYEE ASSISTANCE PROGRAM
Employee Assistance Program (EAP) is a voluntary program providing confidential assessment,
counseling and referral services for employees and their families to help resolve personal concerns.
The majority of G45 employees using EAP are served through Horizon HQRMN
Health; select locations use a different EAP local provider. To use the HEALTH
program, an employee or dependent simply calls Horizon Health at 888-
293-6948 to set up an appointment or discuss their concerns.
Assistance is available for:
VOLUNTARY BENEFITS
G4S provides additional voluntary benefits (employee paid) that complement our core benefits
(company provided). These voluntary benefits are available at competitive rates through G45's
negotiated group rates.
Enrollment is easy with a single call to the G4S Benefit Enrollment Center at 866-999-7702 for
individualized information and rates. Voluntary benefits include:
ATTACHMENT 1
Page 62 of 134
TUITION ASSISTANCE
Tuition assistance is available, when provided for in the contract, to full-time security personnel who
have completed 90 days of uninterrupted employment. Courses must be job-related and taught by an
accredited college or university. Tuition assistance amounts may vary and are reimbursed based on
the grade achieved. If desired by the client, G4S can provide this benefit and direct bill, as incurred.
DIRECT DEPOSIT
G4S offers the convenience and safety of direct deposit of paychecks as well as paycards for our
employees.
EASTERN FINANCIAL FEDERAL CREDIT UNION
G4S employees are eligible to join the Eastern Financial Federal Credit Union, one of the top 25 credit
unions in the nation with over $1 billion in assets and more than 155,000 members.
Services can be accessed using various methods, to include Bank -By -Phone, ATM cards, and Eastern
online internet banking. Our employees can take advantage of services such as:
■ Checking
■ Savings & investment accounts
0 Mortgage, auto & student loans
DescriptionItem
■ Helps replace a portion of the individual's salary in the event of sickness
Short Term Disability insurance
or Injury. Level premiums are offered based on age at the time of
purchase and will not increase over time.
■ Covers a wide variety of injuries and accident -related expenses such as
Accident Insurance
hospitalization, physical therapy, etc, Individual and family coverage
options are available
■ Offers financial protection in the event of a critical Illness or cancer. A
Critical Illness / Cancer
lump sum benefit is payable when diagnosed with a covered critical
Insurance
Illness. Premiums are based on age at issue and tobacco status
■ In addition to death benefits, this policy has cash value. Individual and
Whole Life Insurance
family coverage options are available
TUITION ASSISTANCE
Tuition assistance is available, when provided for in the contract, to full-time security personnel who
have completed 90 days of uninterrupted employment. Courses must be job-related and taught by an
accredited college or university. Tuition assistance amounts may vary and are reimbursed based on
the grade achieved. If desired by the client, G4S can provide this benefit and direct bill, as incurred.
DIRECT DEPOSIT
G4S offers the convenience and safety of direct deposit of paychecks as well as paycards for our
employees.
EASTERN FINANCIAL FEDERAL CREDIT UNION
G4S employees are eligible to join the Eastern Financial Federal Credit Union, one of the top 25 credit
unions in the nation with over $1 billion in assets and more than 155,000 members.
Services can be accessed using various methods, to include Bank -By -Phone, ATM cards, and Eastern
online internet banking. Our employees can take advantage of services such as:
■ Checking
■ Savings & investment accounts
0 Mortgage, auto & student loans
ATTACHMENT
Page 63 of 134
Credit cards
EMPLOYEE DISCOUNT PROGRAMS
G4S's Human Resources department maintains an employee discount program that has negotiated
group discounts for the following;
i
Cell Phone Services Discounted cell phone services are offered through AT&T, Verizon and
Sprint Nextel
REER DEVELOPMENT PROGRAM
G4S maintains a program that develops and trains field personnel at all levels to encourage
advancement and promotion through various levels of operation within the company.
The current G4S President of North America is proof of this commitment, having risen from local
operational management to his current position.
INCENTIVE PROGRAMS
SPECIAL RECOGNITION AWARDS
Certificate of Achievement ■ Awarded for the successful completion of a 34S North America Training
Institute Program
DescriptionItem
Bank Discounts
■
Special savings on financial services are offered through Bank of America
Vehicle Purchase Program
■
Through G4S'5 relationships with automotive manufacturers employees
can buy vehicles at a savings through a hassle -free, streamlined process
■
Fannie Mae and GMAC Mortgage & Real Estate Services offer timesaving
Home Buying Assistance
applications, discounts and savings on home mortgages as well as other
discounts and cash -back opportunities
Computers
■
Dell Computers offers discounted products, shipping and services
■
i
Cell Phone Services Discounted cell phone services are offered through AT&T, Verizon and
Sprint Nextel
REER DEVELOPMENT PROGRAM
G4S maintains a program that develops and trains field personnel at all levels to encourage
advancement and promotion through various levels of operation within the company.
The current G4S President of North America is proof of this commitment, having risen from local
operational management to his current position.
INCENTIVE PROGRAMS
SPECIAL RECOGNITION AWARDS
Certificate of Achievement ■ Awarded for the successful completion of a 34S North America Training
Institute Program
ATTACHMENT
Page 64 of 134
SERVICE AWARD PROGRAM
G4S offers an attractive service award program as a tribute and expression of gratitude for the valuable
contributions and loyalty that our long-term employees have shown to the company.
The service milestones are in five-year increments as they reach their anniversaries with G4S. Gifts vary,
based on length of service, from service pins to mantle clocks to gold rings and watches,
GRANDFATHERING OF INCUMBENT PERSONNEL
Incumbent employees who pass pre-employment screening and that may be retained will be
grandfathered for group insurance purposes. This means we will count prior service toward the standard
90 -day waiting period for the group insurance.
The City of Costa Mesa — October 21, 2011 30
Description
Presented in response to a letter of commendation for a Job well done, or
Certificate of Appreciation
for performance of a valued act of service for the customer / G45
■
Presented in recognition of unusual & outstanding service, & for courage &
Certificate of Recognition
Initiative
■
Presented for the performance of an act of valor above & beyond the call
Certificate of Distinction
of duty; an act that reflects great credit on the individual, the customer, &
G45
■
Presented to employees who have received a Certificate of Distinction &
W -Valor Award
are eligible for this prestigious award
Officer of the Quarter/Year
■
Program of recognition administered on a corporate -wide basis
Award
SERVICE AWARD PROGRAM
G4S offers an attractive service award program as a tribute and expression of gratitude for the valuable
contributions and loyalty that our long-term employees have shown to the company.
The service milestones are in five-year increments as they reach their anniversaries with G4S. Gifts vary,
based on length of service, from service pins to mantle clocks to gold rings and watches,
GRANDFATHERING OF INCUMBENT PERSONNEL
Incumbent employees who pass pre-employment screening and that may be retained will be
grandfathered for group insurance purposes. This means we will count prior service toward the standard
90 -day waiting period for the group insurance.
The City of Costa Mesa — October 21, 2011 30
ATTACHMENT
Page 65 of 134
APPENDIX B. LOCAL MANAGEMENT RESUMES
G4S's best -in -class status is due in large part to the skill and professionalism of our management and
supervision. The following personnel are immediately responsible for delivering our promised security
service to the City of Costa Mesa.
Regional Vice President
California & Pacific Region
MARK TSUJI
Responsibilities
• Provides overall guidance & management for the operations of all area offices within their specific region
• Responsible for developing new markets, implementing company strategy, & maintaining operational excellence
• Responsible for coordination of regional resources to assist in startup & operations for complex accounts &
emergency or disaster response services
Experience
. Jolned G451n 1992
15 years of successful experience In management, training, sales, Investigations & marketing within the security
field
Associations & Certifications _
• ASIS, BOMA, Law Enforcement & Private Security (LEAPS), National Association of Chief of Police
Sits on the advisory board for Cal -State Fullerton, Board of Directors, California Association of Licensed Security
Agencies, Guards and Associates (CALSAGA)
Education
• B.S. Degree in Business, Minor in Psychology of Marketing, San Diego State University
General Manager
Orange County Area Office
JORGE VILLAVERDE
Responsibilities
• Provides direct supervision, guidance, & support to all of their office personnel to assure continued delivery of
quality security services to all customers within their geographic area
• Overall responsibility for ongoing business development & growth for their area office
• Responsible for maintaining an active, strong partnership with all current clients
ATTACHMENT 1
Page 66 of 134
Experience
• Joined G4S in 1992 and has held numerous positions
• Former Police officer for the Ventura County Sheriff's Department
• Former Police Sergeant and SWAT team member in the U.S. Army.
Associations & Certifications
. ASIS, LEAPS, BOMA, CAI
Operations Manager
Orange County Area Office
ROBERT AULL
Responsibilities
• Assists General Manager in the operations of their area office to include quality assurance and contract
compliance for current customers.
. Coordinates recruiting, training and assignment of newly hired security officers that will meet the stringent G4S
requirements
. Ensures that contract -required training and screening for security officers are met providing customers reduced
risk of turnover at sites.
• Responsible for the staffing, scheduling and discipline of security officers and supervision of payrol(and billing
for Invoicing and payroll accuracy
Experience
. Experience in Customer Service Management, McDonnell Douglas (20 years)
Former Law Enforcement with Brachville, NJ Police Department (11 years)
Education
B.A. degree In Business Administration, National University -
Regional Administration Manager
Orange County Area
CAMILLE BANGAYAN
Responsibilities
Supports the entire region on transitioning new startups as needed, training the branches within the region on
HRMS and Financial system, human resources, and daily administration functions
ATTACHMENT 1
Page 67 of 134
Responsible for keeping all offices up to date on current topics, from financials to human resources, and provides
guidance with a variety of tasks and activities conducted primarily within a specific region of field locations, to
Include acting as a liaison for offices with various G45 departments and/or divisions in matters Including
operational, administrative, policy and/or procedures
Experience
Joined G4S in February 2003 and has held numerous positions
Associations & Certifications
• Society for Human Resources Management (SHRM)
• California Chamber of Commerce
Education
• Professional Human Resources Management through Chapman University
Regional Training Manager
Orange County Area
ROD NATALE
Responsibilities
Responsible for project management including planning, organizing coordinating, and Inlplementing;training
l education programs and procedures throughout the region
• Manages all professional training and education of line personnel and supervision
Develop and produce policies, procedures and training
Extensive experience in educational development for managers
Experience
. Joined G45 in February 2008
. Buena Park Police Dept. 1979 — 2005 (Retired Captlan)
Associations & Certifications
• State of California, Life Time Teaching Credential -
• Board of Trustees— West Anaheim Medical Center
• California Commission on Peace Officer Standards and Training, Management and Supervisory Certificates
• Board of Directors —Taser International —Professional Security Providers
Education
Bachelor of Science Degree In Business Management, University of Phoenix -August 1997
Manager, Contract Complaince and Business Development
Orange County Office
ATTACHMENT 1
Page 68 of 134
BRANDON JOFFE
Responsibilities
• Provides service and solution development for new and existing customer
• Responsible for developing new markets, implementing company strategy, & maintaining operational excellence
• Responsible for coordination of transition process on new contracts
• Responsible for consistent and open customer communication and maintaining contract compliance
Experience
. Joined G4S In 2009
10 years of successful experience In business operations and management
Associations & Certifications
. ASIS, BOMA, CAI, CACM, , National Association of Chief of Police
Education
. B,S. Degree in Business Management, Cal State University of Fullerton
ATTACHMENT 1
Page 69 of 134
APPENDIX C. JAIL SERVICE REFERENCES
Additional Jail Service References available upon request.
Department of Homeland Security
US Customs and Border Protection
Size: .................... 22,043 Hours per Week; 600 Officers
Description:......... Provide approximately 22,043 weekly hours of
prisoner/detainee transportation services, medical escort services and guard
services to the Customs and Border Protection (CBP) along nine (9) sectors of the
u
southwest border in four states since August of 2006. G4S provided
r
ti�AR27
transportation services include escort and guard services for detainees in CBP
custody. Transportation service entalls bus and van over the road transport
l¢ �� k
rD' `
services of detainees to courtroom facilities, medical offices/hospitals, and CPB
facilities. G45 provides transport for an average of 60,000 personnel per month.
G4S provides a total 532 Prisoner Transportation Officers, and an on-site
I O
6 w I+
supervision force of 40 Sergeants and 25 Lieutenants. Additionally, G4S provides a
Project Manager and full project support staff to include HR personnel, payroll,a
„ ',I,
trainers, administration staff, etc. G4S provides all vans and buses responsible for
transporting, escorting, and maintaining custody and security for all detained
ft
persons, and or persons arrested by CBP officers along the southwest border.
Serving Since: ......... 2006
City of Beverly Hills
Beverly Hills Police Department
Type of Facility%Type I Facility
Size: ................. 336 Hours per Week; 11 Officers
Description; ....... G4S Custom Protection Officers provide prisoner custody
services, prisoner booking, live scan administration, safety Inspections, Title XV,
prisoner DNA collection, Pay to Stay Program
Serving Since:... 2007
Contact: ............ Erick Lee, Records and Jail Manager, 310-285-2185
ATTACHMENT
Page 70 of 134
City of Irvine
Irvine Police Department
Holding Facility
� �
Jail.......................Temporary
„ C
Size: ................. 228 Hours per Week; 6 Officers
booking, live scan'
Description: ....... Includes prisoner custody services, prisoner
adminlstratlon, DNA mouth swabbing, transportation to OCJ and safety inspections.
Serving Since:... 1991
i�y
Jennifer Kaiser, Business Services Manager,
,6'sContact:..........
949-724-7094
City of La Habra
La Habra Police Department
v
Jail.......................Type (Facilityility
Size: ................. 168 Hours per Week; 5 Officers
Description: ....... includes prisoner custody services, prisoner booking, live scan
administration, and transportation to OCJ and safety inspections.
Serving Since:... 2001
Contact: ............ Lieutenant Jeffrey Swain, 562-905-9777
1925
City of Whittier
,,IE'
Whittier Police Department
�Q
Type of Facility:, Type I Facility
Size: ................. 336 Hours per Week; 11 Officers -
-
Description: ....... Includes prisoner custody services, prisoner booking, live scan
m
administration, transportation to LA County Jail and safety Inspections.
Serving Since:... 2006'
r�
Contact; ............ Elizabeth Putrino, Services Manager, 562-945-8234
Lieutenant Michael Davis, 562-945-8288
City of Azusa
Azusa Police Department
Jail ....................... Type I Facility
Size: ................. 336 Hours per Week; 11 Officers
Description: ....... Includes prisoner custody services, prisoner booking, live
scan administration, safety inspections, Title XV, prisoner DNA collection
Serving Since:... 2000
Contact: ............ Captain Sam Gonzalez, 562-945-8288
ATTACHMENT 1
Page 71 of 134
The City of Costa Mesa — October 21, 2011 37
ATTACHMENT 1
Page 72 of 134
APPENDIX D. LETTERS OF REFERENCE
ATTACHMENT 1
Page 73 of 134
.. iy. h
1 V , Vi P 1
r/ 1� l J �� ' 4 w � ! N
1x ...vpn:
n'` _. ;x,.:. �, >•:..,,,,„.r:,.v .,..:,,.. Quality People -Quality 6Service ., •: ,.., � .:,;� �,,. ,:.,..W ..:..:..:.....:•.,
Serving the Communities. of Whittier and Santa Fe Springs
July 5, 2011
Jorge Ullaverde,
General Manager, Orange County Office
Wackenhut Corporation
2300 E Katella Ave. Suite 150
Anaheim, CA 92806
Jorge:
I am writing a brief letter to say thank you for the ongoing service and support
you and Wackenhut/G4S have provided to the Whittier Police Department
through our jail services agreement. We are renewing our agreement for the
third time since its initial term in 2006, and we do so with the staffing of our jail at
full complement including the Jail Manager.
Since
AlibRPutrin
Support Services Manager
Whittier Police Department
13200 Penn Street • Whittier, California 90602 9 (562) 945-8250 • Fax (562) 945-8246 • www.whittierpd.org
We have appreciated an evolving and improving level of service from the
Wackenhut jail staff over the years of the contract, with significant operational
challenges having occurred within the past twelve months. The custody office]
and the jail manager have worked effectively with our managing Lieutenant to
make the transition to the new Whittier Police facility and state -of -the -.art jail a
smooth one. In addition, your support along and that of your field supervisors
has helped to keep jail operations coordinated while we made several significs
changes to our management team in recent months.
The Whittier Police Department looks forward to an ongoing positive working
relationship with G4SMlackenhut as we move into the next contract period. I
know that we all have a shared interest in operating a safe and secure jail
utilizing an effective staff. Thank you for your part in making that happen.
Since
AlibRPutrin
Support Services Manager
Whittier Police Department
13200 Penn Street • Whittier, California 90602 9 (562) 945-8250 • Fax (562) 945-8246 • www.whittierpd.org
ATTACHMENT 1
Page 74 of 134
X11 CITY OF LA HA
C1TX Of LA HaRA i
POLICE DEPARTMENT
5-26-11
To Whom It May Concern:
I am currently the Jail Manager of the La Habra Police Department Type I Jail
facility. I have been assigned as the Jail Manager for nearly five years, During this time
we have staffed our facility using G4S Secure Solutions, formerly known as Wackenhut.
During my tenure as Jail Manager 1 have found the management staff of G4S to be very
responsive to our needs and they provide great customer service. The staff working in
our facility is competent, professional and dedicated to providing our agency good
service. Several members of the G4S staff have gone on to become valued Police
Officers with our department,
Lieutenant Jeff Swaim
c
La Habra Police Department
Jail Manager
• Chief Tom Sonoff
150 North Rud id Street, La Habra, CA 90631
(562) 905-9750 Fax: (562) 905-9752
www.lahabrecity.com
ATTACHMENT 1
Page 75 of 134
IRVINE POLICE DEPARTMENT
IRVINE POLICE DEPARTMENT • ONE CIVIC CENTER PLAZA.
P.O. BOX 19575, IRVINE, CALIFORNIA 92623 - 9575 • (949) 724-7000
Internet http://www.irvinepd.org •E -Mail: i drtirvineod.ore
June 14, 2011
To Whom It May Concern,
This letter is to confirm that G4S Secure Solutions (USA) Inc., formerly doing business as The
Wackenhut Corporation, has been the company contracted to perform Custody Facility services for
hvine Police Department since 1991. For any questions, please contact me at (949) 724-7094 or
i kaiserQcityofirvine.ora.
Sincerely,
ATTACHMENT1
Page 76 of 134
APPENDIX E. FINANCIAL RECORDS
ATTACHMENT
ATTACHMENT 1
Page 78 of 134
Divisional review
The secure solutions business provides a broad range of solutions
to both commercial and government customers. G4S secure solutions
uses its risk management and secui* expertise to encourage greater outsourcing
of commercial and government facilities where security and safety are strategic
issues — in areas such as ports, airports and the oil and gas sector. This will result
in an increased number of long-term strategic customer partnerships. across
the group.
Strategy
a Use ourexpertlse and geographic presence to differentiate our business
4 Drive outsourcing and minimise commociltisation of tradhional security services
r ` 4 Offerm integrated securitysolutionto customers
Key operational highlights
-� Strong growth continued in New Markets
a Signs of recovery in some developed markets
a Strict cost control and Improved business mix helped grow margins from 6.8% in 2009
to 6.9%In 2010.
KPIs
During 2010, the secure solutions business achieved good organic growth of 2.B%and margins
were up on the same period last yearto 6.9%
Turnover* Gn
3,795. 4,281 5,312 5738: 6,047.
7i .. .r
2006 2007 2008 2009 2818
Organic growth* 961
6.9 8.7 . 0.6 35 2.8
2009
PBITA* cm
243'" 282 3$1 392. 419
r
2006 2007 2008 2009 2oio
PBITA margin* %
6.4 66 6,6 6.8 6.9
Sectors
Turnover by
Sector
■ Goaemmera
34%
■ Major Corporals and industrials
29%'
Y Pn.mal lmtftutions
8%
® Energy and URIC.
8%
U Retail
7%
Ports and Airports
5%
Cansianen
5%
Transport and Logisda
2%
rl lersureand Tourism
2%
Services
G4S provides a range of secure solutions
to customers Including:
4 Risk management and consultancy services
a Secure facility outsourcing
-� Electronic monitoring of offenders
a Manned security services
a Electronic security systems
a Monitoring and response services
-s Management of adult and juvenile
custody facilities
• Aviation security services
-9 Rm protection and emergency response
4 Secuitytiaining services
-9 Project management
Contracts and relationships
The duration of contracts varies -from high
profile annual events such as Wimbledon and the
Ryder Cup to 25 year private prison contracts.
However, even when the contract terms are
short, in practise many relationships became
long-term and result in contracts renewed year
afteryear. This is demonstrated in our customer
retention rates which average above 90Y across
most regions.
ATTACHMENT 1
Page 79 of 134
t F!
' V rakif'
:ustol ner needs and drivers for key sectors
ti
Government Government contracts accounted foraround',
34% of secure solutions revenues and 28% of
,;nijit4!;i+fi A sharper global focus on security in the past total G4S revenues in 2010 and are split broadly "
?i 2010 decade has led to government outsourcing across
i' Government into three geographic areas — UK, US and Rest ¢
,j fit a number of markets. A history of successful of World. -
:•LTa� Ravenuesby outsourcing within developed markets has
Region
bolstered a belief in competition and confidence We anticipate further government outsourcing '¢
in private sector Involvement, opportunities will arise in developed markets
as pressure on public spending intensifies and o
■ UK 9% �' �f'4}` ai41h �° government departments seekto manage
mus la%a. their budgets without compromising on service i
%Rest of World 9% r # �k -' & delivery standards orthe integrity of vital front
line public services. This expertise, particularly In
Care and Justice Services, can then be exported a -
aµ into developing markets, t.r
Y[
a
In the ports seRo4 compliance with irrternatfonal
security standards and evolving ports legislation
P V„.
We ensure the safe passage of travellers, a•ew
ATTACHMENT 1
Page 79 of 134
t F!
' V rakif'
:ustol ner needs and drivers for key sectors
ti
Government Government contracts accounted foraround',
34% of secure solutions revenues and 28% of
,;nijit4!;i+fi A sharper global focus on security in the past total G4S revenues in 2010 and are split broadly "
?i 2010 decade has led to government outsourcing across
i' Government into three geographic areas — UK, US and Rest ¢
,j fit a number of markets. A history of successful of World. -
:•LTa� Ravenuesby outsourcing within developed markets has
Region
bolstered a belief in competition and confidence We anticipate further government outsourcing '¢
in private sector Involvement, opportunities will arise in developed markets
as pressure on public spending intensifies and o
■ UK 9% �' �f'4}` ai41h �° government departments seekto manage
mus la%a. their budgets without compromising on service i
%Rest of World 9% r # �k -' & delivery standards orthe integrity of vital front
line public services. This expertise, particularly In
Care and Justice Services, can then be exported a -
aµ into developing markets, t.r
Oil and Gas
With ever growing pressure on energy providers
to secure supplies for years to come through
investment in new production plants and the
protection ofvael resources, security has come
to the fore in the energy and utilities sector.
The market for security across much ofthe
energy market has been led by regulation,
particularly of nuclear power.
Increased regulation is driving a focus on
cost efficiency, robust asset protection and
on intelligence and risk led security capabllities,
together with experience of security provision
within challenging and unpredictable environments
Security challenges within the energy and
utilities arena can be diverse — from protecting
the copper and metal contained withln electricity
cables to oil or nuclear facility risk assessment
and pipeline protection.
Y[
ports and Airports
In the ports seRo4 compliance with irrternatfonal
security standards and evolving ports legislation
P V„.
We ensure the safe passage of travellers, a•ew
is driving customer requirements, With 490 million
and cargo and the effidenry ofthe intematlonal
wntainers being moved around the wand every
i a
a3 v ,;,�
3'!r f ��h+iir' 'gyp
e2 >{w
transport system through a full range of aviation
operations spanning 6l airports and 8l airlines
year, mntalner and port faculty security is an area
p{growing focus, Key opportunities forthe part
. v
„,,,li�yw ',,Ftv gii
across 34 counvies and at 2D portr worldwide
sector lie with the large international private
4
of port operators Investment in Wilding new
Airport infmsWc[ure isnot expected to keep'
port operators, who have collectively committed
gireNbrown field tominds globally
up with passenger growth over the next
,more than$100 of investment in building new
ten years, potentially resulting in a shortfall of
green/brawn field terminals globally to expand .
capacity in the order of one billion passengers
. theirportfoliosand capacity , including $601an
tf Ftp
Airports and airlines will be logkingto cost-
flexible security providers who have
announced recently in India
-
k.dvr"�'9r'
effective,
contalners6eingmovedaroundthewpddeveryyear.
onsultin ca abili new technology integration
c g P o
redesign systems
- -
rs r'
Container and port raalrty saw,fty is an ares of
expertise and who can
interfaces.i�•;u
,"rte
iyq�
gvvnng focus
and
sfbar�k
i
Oil and Gas
With ever growing pressure on energy providers
to secure supplies for years to come through
investment in new production plants and the
protection ofvael resources, security has come
to the fore in the energy and utilities sector.
The market for security across much ofthe
energy market has been led by regulation,
particularly of nuclear power.
Increased regulation is driving a focus on
cost efficiency, robust asset protection and
on intelligence and risk led security capabllities,
together with experience of security provision
within challenging and unpredictable environments
Security challenges within the energy and
utilities arena can be diverse — from protecting
the copper and metal contained withln electricity
cables to oil or nuclear facility risk assessment
and pipeline protection.
Divisional review
Secure solutions performance
'Webelieveburwork with the iUK'*'';'
Government on,b Cornpr�hensiye, •'
Spending Review'has:delivemd ,
significant cost savings forthem ana„
provided potehtial,further dut§60l dng
nnnnrtr lnities for G4S:''
CEO UKand Africa,
I
Europe
Organic growth in Europe was 0.6% and margins
were slightly higher due to excellent cost control
across the region.
UK & Ireland
There was good organic growth of 3.6% in the
UK & Ireland and margins strengthened further
to 83% helped by continued strong performance
ofthe commercial and government businesses,
and despite revenue and margin reductions
in Ireland,
Key UK Government contract wins in 2010
included a number of major contract extensions
such as;
•a taking over the national security contract for
the Department of Works and Pensions which
was mol on I January 2011
-� a further extension of the Bectronic Monitoring
contact Into 2013
i strong growth in the services we deliwrto the
Olympic DellveryAuthority
i opening a new large prison wing at HMP Perc
G45 is bidding for a number of UK Government
contracts and has been shortlisted by the
Department for Work and Pensions to bid to
deliver welfare -to -work services in seven out of
the eleven UK regions. We expect the results of
all these bids in 2011, G45 signed a memorandum
of understanding with the UK Government which
Will deliver savings to the government largely
through re -designing service provision.
The secure solutions business consolidated its
position as the leading manned security provider
in the UK with organic growth of 6%. Commercial
contracts won include smart meter installation
contracts for four major utility providers,
re -winning athree year contract with Northern
Rail, the UK's largest ban operating company,
athree year contract to provide security services
at Belfest Oty Airport and G4S continues to
roll-out global security contracts for international
clients such as GSK and Shell.
Tiading conditions in Ireland remained challenging
In 2010 but our underlying trading was helped
by prompt management action to address these
Issues. G4S was part of the consortium that
delivered the new Dublin Criminal Courts PFI
project ahead of schedule.
Continental Europe
The Continental Europe region performed well
against an extremely difficult economic backdrop
in Eastem Europe and we believe we have
continued to gain market share with our solutions
strategy outperforming single service providers.
Overall organic growth was -1.9%, but margins
were slightly above the prior year at 5.4% due to
excellent cost control, Revenues forthe security
systems business, which accounts for around
30% of Continental European secure solutions,
declined by 4%. Strong performers included
Norway, helped by the Oslo airport contract,
and Netherlands where G4S recently won the
PmRail contract, In Belgium, G4S was successful
in winning the Brussels airport security contract
for up to five years from February 2011 and
security for the European Commission building
from April 2011. In Sweden, G45 has won the
contract forthe Swedish Parliament Administration
from March 2011,
In Israel, G4S is the preferred bidder for a PFI
police training academy which has a 25 year
contract term and G45 has won two immigration
accommodation contracts in Cyprus.
In Eastern Europe, we expect a return to
revenue growth in 2011, especially in markets
such as Kazakhstan and the Baltics, and
Increased prontability after some re -structuring
in the region.
ATTACHMENT 1
Page 80 of 134
North' America
Organic growth in North America was 2.2%
and margins were slightly higher due to a greater
proportion of solutions -based contracts, rigorous
cost control with reduced overtime levels and
lower employee turnover,
In the United states there was higher growth
In the commercial sector during the second half
of the year and the business entered 2011 with
greater organic growth momentum than twelve
months ago. Whilst the outlook for new US
federal government outsourcing contracts in the
short term Is quite muted, federal government
stimulus funding continues to drive the G4S
Technology business with the opening 2011.
order book well above 2010 levels, Government
at a state and local level will present more
opportunities as the pressure to look for more
effective public service increases and leads to
greater use of the private sector overthe
mediumterm.
Recent contract awards include work in the
chemical, federal and retall sectors and additional
locations for Shell and Calif. Contracts re -won
include work for a nuclear power station and
county sheriffs' offices. Overall customenratings
were excellent and further growth opportunities
exist both domestically and internationally with
the existing customer base as well as with
new prospects.
All our recent acquisitions in the US performed
extremely well during 2010 and recorded
growth and financial performance either In line
with or ahead of expectations.
In Canada, the organic growth rate was over 6%
with a number oflage contracts starting during r
the second half including Shell, GSK, the Canadian
BorderAuthorlty, a large financial Institution and
Kingston Hospital in Ontario, In addition, with
support from around the group, the Canadian
business Is bidding on the opportunity to provide
security solutions across airports in Canada,
"Whilst the outlook for new US
federal government outsourcing is
muted, federal government stimulus
spending continues to drive the
G4S technology business;'
Grahame Glbsun .�if�•
chieropeating Officer .
Piglonal CEO -Arivi s
Behavioural detection officers
passengers at Heathrow am now being protected by a
new 1746 team of undercover offices trained to detect
the smallest signs of suspicious behaviour.
Anxiety, a lade of luggage or taking photos an Indicate
that someone is a potential high-risk, orthey could
simply be a normal passenger -and the new team of
nine Behavioural Detection officers can naw help
WI the difference
Blending seamlessly into the ched,in area, the officers
we non-Ihtrusive observation and analysis techniques
to Identify potential threats, and sham intclligcnm with
uniformed colleagues and Ore police.
ATTACHMENT 1
Page 81 of 134
New Markets
v ltr�
In NewMarkets, organic growth wa's excellent
};.,.
at.7,1%with strong Improvements In marglnsirl{
.
•
mostreglons, : .
, b%rd
Total
Turnover
an
were lower due to the loss of the DIAC contract.
PBITA
Em
Margins
G
OrganIcgrowth
Australia; mvepues were up l4.5% wd margins,
2010
were 7.1%, withst orig revenue increases in
2010
2009_
2010
2009
x010
Europe"
2,617
_2009
2612
180
175
6.9%
6.7%
North Amencal
1,676
1,524
96
86
5.7%
5,6%
2.29'0
New Markets*
1,754
1,602
143
131
8.2%
8.2%
7.1%
Total secure solutions^'
6,047
5,736
419
392
6.9%
6.8%
2.8% E'
Exchange differences
-
(70)
-
(4)
At actual exchange rates
6,047
5,668
419
388
Europe
Turnover
PBITA
Margins
Organkgrowth
fm
Cm
%
%
2010
2009
2010
2009
x010
2009
,•,•,..,, 2U 10
UK&Ireland"
1,179
1,136
103
97
8.7%
8,5%
3.8% is
Continental Europe^
1,438
1,476
77
78
5.4%
5.3%
_ _ -1.9%
Total Europe"
2,617
2612
180
175
6.9%
6,7%
016%,
Mmerlca
Turnover
PBITA
Margins
Organlcgrowth 1,
Em
6m
%
%
2010
2009___
2010
2009
2010
2009
_ 2010
North America"
1,676
1,524
96
66
5.7%
5:6%
2.2% ;
i
New Markets
Turnover
PBITA
Margins
organic growth
&n
Em
%
% I'
2010
2009
2010
2009
2010
2009
2010
Asla"
600
565
40
44
6.7%
7,8%
-, 3.5%
Middle East'
465
429
44
39
9.5%
9.1%
8.2%
Africa"
333
313
33
29
9.9%
9,3%
- - 5.8%'
Latin America& CaH6beana
356
295
26
19
7.3%
6.4%
14.2°% `
Total New Markets01
1,754
1,602 -
143
131
8.2%
8.2%
- 7.1%
` At constant exchange rates
Behavioural detection officers
passengers at Heathrow am now being protected by a
new 1746 team of undercover offices trained to detect
the smallest signs of suspicious behaviour.
Anxiety, a lade of luggage or taking photos an Indicate
that someone is a potential high-risk, orthey could
simply be a normal passenger -and the new team of
nine Behavioural Detection officers can naw help
WI the difference
Blending seamlessly into the ched,in area, the officers
we non-Ihtrusive observation and analysis techniques
to Identify potential threats, and sham intclligcnm with
uniformed colleagues and Ore police.
ATTACHMENT 1
Page 81 of 134
New Markets
v ltr�
In NewMarkets, organic growth wa's excellent
};.,.
at.7,1%with strong Improvements In marglnsirl{
.
•
mostreglons, : .
, b%rd
Organic growth In Asia was 3:5%and marguip
were lower due to the loss of the DIAC contract.
g9'`51;'
irrAustralia, as previously announced, Excluding'
Australia; mvepues were up l4.5% wd margins,
were 7.1%, withst orig revenue increases in
Papua. New Guinea, Pakistan and the
Phill{ipines. India, the largest market in the
region, achieved double-digit revenue growth.
Our risk consulting business Hill & Assodates
delivered a very strong performance and will
be leveraging its expertise Into the Middle East
in 2011.
In the Middle East, growth continued to be
(i.r,'
excellent across the region with Improved
margins of 95%. Qatar and UAE performed
particularly strongly, mainly as a result ofthe
new airport contract In Qatar and federal wage
legislation In UAE. In Iraq, as expected, the
work for US Forces has come to an end. The US
Embassy contract in Kabul, Afghanistan will
•'-
continue beyond I January2011 as a resuitof
the new incumbent failing to realise the contract r;
transition: The work will condnue for at least the
first four months of 2011 at an improved profit
contribution, fi 'Si•..
Africa performed well with organic growth
of 5,8% and margins of 9.9%, helped by strong,
performances In Morocco, Uganda,
Botswana and Djibouti and in our Care
and Justice services business in South Africa
345 has a unique network of operations in Africa --
which provides an excellent platform to support
our global clients working in key sectors such as
oil and gas, ports and mining,
The Latin America & Caribbean region has
performed well as a result of a number of large .
contract wins in Argentina, Brazil, Chile,
Colombia, Ecuador, Mexico and Puerto
Rico. Overall forthe region, organic growth
was 14.2% and margins were Z3%.
ATTACHMENT 1
Page 82 of 134
Consolidated income statement
Forthe year ended 31 December 2010
Taxation:
2010
2009
Before amortisation of acquistion-related intangible assets
Notes
Lm
Lin
Continuing operations
on acquisition -related expenses
Revenue
5,6
Z009
Profit from operations before amortleation of acquisition -related intangible assets
(77)
Profit after taxation
and shote of fircillft from associates
254
226
499
Sham oficroft from associates
(7)
_Profit for the year
Profit from operations before amortisation of acquisition -related
.5
ce.
Attributable to:
intangible assets (PBITA)
6
l271
500
Amoral of acquisition -related Intangible assets
223
202
Acquisition -related expenses
�2
'.1;, o
Profit from operations before interest and taxation (PRIT)
6,8
435
417
Finance Income
82
Finance costs
13
; 1 (293)
(196)
Taxation:
Before amortisation of acquistion-related intangible assets
(100)
On amortisation of acquisition -related Intangible assets,�'�23
on acquisition -related expenses
14
(77)
Profit after taxation
254
226
Loss from discontinued operations
(7)
_Profit for the year
.5
219
Attributable to:
Equity holders of the parent
223
202
�2
17
0;
11
1'ZTJ
May 7, 2012
Kimberly Hall Barlow
Jones & Mayer
C/O City of Costa Mesa
3777 N. Harbor Boulevard
Fullerton, California 92835
RE: PROFESSIONAL SERVICE AGREEMENT; CITY OF COSTA MESA JAIL SERVICES
Dear Ms, Barlow:
ATTACHMENT
Page 83 of 134
G455ecure solutions (USA), Inc.
2300 E Katella Avenue
Suite 150
Anaheim, CA 92806
Phone: 714.939.4900
Fax: 714.939.4914
G4S Secure Solutions (USA),.Inc. (Consultant) agrees to extend the pricing proposal for the City of Costa
Mesa (City) Jail Services contract an additional one hundred eighty (180) days from the date of this
letter, to allow for finalization and execution of the contract.
Please do not hesitate to contact me if you have any further questions.
Sincerely,
ge Vill verde
G eral anager
G45 5—aure Solutions(USA)Inc,— Orange County
714-939-4900
ATTACHMENT 1
Page 84 of 134
REQUEST FOR PROPOSAL
FOR
OPERATION OF THE COSTA MESA POLICE DEPARTMENT'S
TYPE I JAIL FACILITY
Police Department
CITY OF COSTA MESA
Released on September 21, 2011
ATTACHMENT 1
Page 85 of 134
OPERATION OF THE COSTA MESA POLICE DEPARTMENT'S
TYPE I JAIL FACILITY
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals, from a
qualified public entity and/or private firm, to establish a contract for the operation of the City of
Costa Mesa Department's Type I Jail Facility. The term will be for 3 years with 2 one year
options to renew.
BACI{GROUND
On March 1, 2011, the City Council agreed to move forward with a comprehensive review and
analysis of outsourcing 18 City services, one of which is Jail Operations, as outlined in the
Outsourcing of City Services Council Agenda Report, dated February 24, 2011.
The City has had a Jail since the original construction of the police facility in 1967. The Jail is a
32 -bed, "Type I Jail Facility," as described in the California Code of Regulations, Title 15, The
Jail holds inmates, historically male inmates only, prior to court arraignment and/or pending
release on Bail, Own Recognizance, Written Promise to Appear, etc. The Jail also houses
sentenced inmate -workers, who handle food service and miscellaneous janitorial and
maintenance duties.
Since the inception of the Jail, the City Police Department has maintained a reputation for the
efficient and effective handling of operations, supervision, and management of the facility.
Additionally, the City Police Department is the current entity that ensures suitable hiring and
employing practices are carried out and high performance standards are routinely met.
The City Jail staff is responsible for the safety and well-being of all those in their care and
custody and adheres to all applicable Minimum Standards specified by all applicable Federal and
State requirements, laws and statutes, applicable court orders and the California Corrections
Standards Authority, as applicable to a Type I Jail Facility. Additionally, the Jail staff facilitates
the transportation of inmates to and from court and to and from other holding facilities.
HISTORICAL BOOKING INFORMATION
The Jail staff, on average, conducts well over 400 bookings a month. The statistical breakdown
for the past three years is as follows:
2008
2009
2010
Felony
2,144
1,982
1,681
Misdemeanor
3,840
3,627
3,323
Infraction
40
33
18
Unknown
46
31
38
TOTAL
6,070
5,673
5,060
ATTACHMENT 1
Page 86 of 134
Moreover, the City Jail books and houses a number of drunk in public arrests, which on average
are about 40 -per month. The statistical breakdown for the past three years is as follows:
2008 2009 2010
Drunk in Public Bookings 525* 494* 408*
*These numbers are included in the overall booking totals listed on the previously page,
In addition to the City Jail booking and housing drunk in public arrests, there are a significant
number of bookings for other drug and/or alcohol related charges. The statistical breakdown for
the past three years is as follows:
2008 2009 2010
Drug and/or Alcohol Bookings 912* 932* 965*
(other than Drunk in Public)
*These numbers are also included in the overall booking totals listed on the previously page.
A significant number of Costa Mesa arrestees dealt with through the pre -bookings process are
determined to have medical concerns that necessitate a medical clearance, prior to housing, in
order to mitigate liability exposure. For calendar years 2009 and 2010 there was no mechanism
in place for quantifying each individual arrestee who required a medical clearance; however,
there was a mechanism in place for how many days out of each respective year there was at least
one medical clearance per day—the below statistics represent those days.
2009 2010
Days Per Year Medical Clearances Were Required 117 123
I.C.E. LIAISON AND BOOKING INFORMATION
Additionally, the Costa Mesa Police Department Type I Jail Facility has maintained a working
partnership with ICE (Immigrations and Customs Enforcement) since 2006. As a part of this
partnership, Jail Staff has notified ICE representative of foreign born inmates, to which detainers
have been placed, by ICE and through a separate investigation, on those inmates deemed to be
illegal immigrants. The follow statistical breakdown indicates the number of ICE detainers
placed on Costa Mesa Police Department inmates.
2008
2009
2010
ICE Detainers 327* 356* 171*
*These numbers are also included in the overall booking totals listed on the previously page.
ATTACHMENT 1
Page 87 of 134
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP
September 21, 2011
Deadline for Written Questions
October 6, 2011
Responses to Questions Posted on Web
October 13, 2011
Proposals are Due
October 21, 2011
Proposal Evaluation Completed
October 28, 2011
Interview of Short -List
November 3, 2011
Approval of Contract
(TBD)
3. SCOPE OF WORK
SUMMARY
The Costa Mesa Police Department's Type I Jail Facility is located at the Costa Mesa Police
Department, 99 Fair Drive, Costa Mesa, CA. The facility consists of six holding cells, with one
sobering cell, two safety cells, and accommodations for two inmate -workers. The facility is
staffed twenty-four hours per day, seven -days per week, and 365 days of the year.
II. GENERAL INFORMATION
The services provided by the Proposer shall 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 or hereafter
affected or implemented as applicable to Type I Jail Facilities, and shall include furnishing all
required supervision, labor, clothing, and associated equipment and staff training. Proposer must
be duly licensed in accordance with all security industry requirements for the State of California.
If a private firm is selected, the contractor must obtain a valid City of Costa Mesa business
license. Custody officer services shall be provided seven -days per week, twenty-four hours per
day, and 365 days per year.
III. PROJECT INTENT
The service provided under these specifications shall be of the highest possible caliber.
Proposer'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 Firm
shall pay particular attention to its procedures for hiring, training, and providing directions to the
individual custody officers assigned to the City.
ATTACHMENT 1
Page 88 of 134
IV. COSTA MESA POLICE TYPE I JAIL FACILITY OPERATIONS
The custody officers' responsibilities involve, but are not limited to, receiving, processing,
detaining, monitoring, transporting and/or releasing adults and juveniles arrested or detained by
officers of the Costa Mesa Police Department, and performing other related duties as outlined in
the Costa Police Department Manual and the Costa Mesa Police Department Jail Manual.
These specifications are for uniformed, unarmed, and commissioned or non-commissioned
custody officers to be provided at the Costa Mesa Police Department's Type I Jail Facility on a
seven-day per week, twenty-four hour per day schedule.
V. STAFFING REQUIREMENTS
A. Supervisor: The Proposer shall designate one custody officer position as the Post
Commander/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 record keeping,
safety and equipment inspections, facility inspections by governing entities and
enforcement of all applicable local and state laws, department policies and
mandates. The City's representative must approve of the person initially selected
to fill this position and all future Post Commander/Supervisor position. The Post
Commander/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 Post Commander/Supervisor must have a minimum of three
years of prior experience with similar facility.
B. Custody Officer: 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, or better
4. Have a valid California driver's license
5. Have Custody Protective Officer training
6. Must meet all minimum screening and background checks required for
custody officers
7. Must complete required training and orientation mandated in this
agreement for custody officers
8. Be First Aid and CPR trained and qualified
9. Have good written and oral communication skills
10. Be able to prepare written and/or computer-based daily logs and reports of
incidents that have taken place
11. Be responsible for prisoner tracking and booking information
12. Have a professional appearance
13. Be physically able to perform all aspects of the assignment
14. Provide favorable references from previous employers
15. Have an acceptable, prior military check of DD form 214 (if applicable)
16. Have a current social security card
17. Have a current green card (if applicable)
1.8. Be willing to take a drug test at any time and pass
ATTACHMENT
Page 89 of 134
19. Personnel to be considered for custody officer service shall receive an
initial screening and background check by Proposer, at Proposer's
expense. 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
20. After thorough screening and interviewing by the Proposer, 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 all future
Custody Officer positions resulting from a vacancy fill.
21. Proposer shall institute a procedure for performing background checks that
includes but is not limited to:
a. Employment/Qualifications Verification: Conduct a five (5) year
employer background check to verify the applicant was not
terminated for other than honorable circumstances. Also verify
periods of unemployment.
b. Education: Conduct a 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.
C. 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.
g. Wants and/or Warrants: Applicant must be clear of any
outstanding warrants, any prior felony arrests and any crime
involving moral turpitude within five (5) 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. Interview all raters who have given a
negative review.
i. Psychological Review: All custody officers 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
0
ATTACHMENT 1
Page 90 of 134
suitability, one nonmed 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.
22. The results of background checks shall be Punished to the City at least 24 -
hours prior to the time the applicant is sent for interview.
23. No custody officer working for the successful Proposer will be allowed to
work under an approved agreement unless he/she is approved by the City.
Contractor shall submit to the City and maintain a list of its employees'
names that have been cleared and are or will be assigned to the Costa
Mesa Police Department's Type I Jail Facility. A list should be created, by
the Contractor, which includes at least two employees who can fill
potential vacancies. Employment applications for each employee will also
be submitted to the City.
24. All employees of the Contractor who are not assigned to work at the Costa
Mesa facility must comply with all security rules in place when visiting
the City.
25. Custody officer personnel shall be trained, uniformed and supervised.
Contractor shall provide the uniform and all other items of clothing and
apparel, as required. Uniforms are to be at City's election.
26. Upon termination of a custody officer, all keys, identification badges, gate
remotes, and parking passes will be recovered from such custody officer
by contractor. All items belonging to the City will be turned in
immediately upon termination.
27. Contractor will be required to agree to remove immediately, all
employees, at any location, who fail to follow establish department or
state procedures and/or who are deemed by the City to be unfit to perform
assigned tasks.
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 I (commencing with Section 100) of Chapter I of Division 1 of Title 15
CCR (commonly known as the STC (Standards and Training for Corrections) Program).
A. Supervisor: The Post Commander/Supervisor shall complete all training requirements, as
outlined in Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section
1021. Additionally, the Post Commander/Supervisor shall receive 24 -hours of STC refresher
training, on an annual basis.
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.
Moreover, upon employment, in addition to maintaining First Aid and CPR certification for all
custody officers, Contractor shall provide, at its own expense, a City approved Initial Training
7
ATTACHMENT
Page 91 of 134
program consisting of approximately 50 -hours of instruction material taken from the Costa Mesa
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 Costa Mesa 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 the automated booking system
(JMS—Jail Management System) and 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:
a. Applicable minimum jail standards
b. Jail operations liability
C. Inmate segregation
d. Emergency procedures and planning
e. Suicide prevention
i. 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,
Contractor will continue to provide on-going training. The
necessary training will be provided at Contractor's expense. The
post commander shall record and retain a copy of each employee's
training record on site for inspection by the City's representative.
VII. SCHEDULING REQUIREMENTS
The Contractor shall maintain an adequate number of qualified personnel to
perform the custody officer requirements. Contractor will fill any absence or
vacancy immediately, to ensure that minimum staffing is retained at all times.
2. The Contractor will provide additional staffing for events, such as the Orange
County Fair, checkpoints, special holidays, etc. The exact hours and shifts shall be
determined by the City and reported to the Contractor. Sufficient notice shall be
given to the Contractor allowing for the appropriate scheduling.
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Contractor agrees to staff the Costa Mesa 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. In addition,
Contractor shall maintain the availability of at least one additional trained officer
for temporary deployment when needed, to fill any vacancy, within two hours.
The City is not responsible for any potential "on-call" costs.
4. Contractor will provide adequate staffing to facilitate the booking, housing,
transportation, and other associated tasks that go along with processing the
aforementioned volume of inmates (specified in the Historical Booking
Information section of this RFP).
VIII. UNIFORMS
Contractor shall provide, at Contractor's expense, all necessary uniforms, associated uniform
articles of clothing agreed upon by both parties and equipment, such as, but not limited to, utility
belts, handcuff holders, keepers, key ring, etc.
XI. SECURITY AND CONTROL
Contractor shall be responsible for providing prisoner security within the Costa Mesa Police
Department's Type I Jail Facility and during transportation by Contractor personnel in
accordance with 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 and the Costa Mesa Police Department Manual and Costa Mesa Police Department
Jail Manual. Regular security inspections of the facility and prisoners will be conducted and
documented as required by the City. The Contractor'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 emergency, outlined in the
attached Jail Manual, and shall be adhered to by the Contractor's staff.
XI. USE OF FORCE
The City Jail has in place a use -of -force policy. The Contractor shall follow policy and report all
incidents according to policy and mandates, and provide all associated written reports, in a
timely manner, to the City.
XII. RECORDS
Contractor shall be responsible for the timely completion of all innate 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. Contractor shall be responsible to maintain all related records to be in
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compliance with all County and State regulations and inspections. All such records remain the
property of the City of Costa Mesa.
XIII. RISK MANAGEMENT
Contractor shall be 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
prisoners. Custody supervisor shall be present during all facility inspections and audits
conducted by governing entities.
XIV. HEALTH AND SAFETY
Contrator shall operate the Costa Mesa 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. The Contractor will retain on file all completed inspection forms and other related
documents for review.
XV. MAINTENANCE OF TYPE I JAIL FACILITY
Contractor shall be responsible for maintaining the cleanliness and sanitation of the Costa Mesa
Police Department Type I Jail Facility as required by the Department and County Health
Standards. The Post Commander will make available weekly a list of supplies that need to be
provided to carry out the duties and maintenance associated with the Costa Mesa Police
Department's Type I Jail Facility. The Contractor shall 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 Contractor destined
for assignment to other accounts/locations.
XVII. SANITATION AND HYGIENE
The Contractor shall 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.
XVIII. FOOD SERVICES
The Contractor's staff will provide food services to all inmates. The meals provided shall adhere
to the 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 and the Costa Mesa Police Department Manual and Costa Mesa Police Department Jail.
Manual.
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XIX. PROPERTY
The Contractor will 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.
XX. GRIEVANCE PROCEDURE
The Contractor shall allow inmates access to a reasonable, impartial, and nondiscriminatory
procedure, which includes a final level of appeal to the State. The facility operator is responsible
for responding to grievances on matters occurring during the inmates' incarceration in the City
Jail.
XXI. INMATE SERVICES
The Contractor will be responsible for supplying, at the Contractor's expense, and providing all
required bedding materials as mandated through 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 Costa Mesa Police Department Manual and Costa
Mesa Police Department Jail Manual.
XXII. CORRESPONDENCE
The Contractor shall 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 Costa Mesa Police
Department Manual and Costa Mesa 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.
XXIII. MEDICAL ATTENTION AND MEDICAL CLEARANCES
Contractor's staff 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 innate, 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 or
officer will be required to book the inmate at another custody facility.
XXIV. I.C.E. LIAISON
The Contractor shall maintain the existing aforementioned working partnership with ICE
(Immigrations and Customs Enforcement). As a part of this partnership, the Contractor, 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.
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XXV. CITY CUSTODY VAN
The City will make available the City -owned custody van, to the Contractor and its staff, for the
purpose of transporting City inmates and other business directly related to Jail operations. All
Jail staff members are expected to operate the City -provided custody van in a safe, courteous,
and legal manner at all times. The Contractor will furnish its own full coverage vehicle insurance
as required in the contract. The City will provide maintenance services and fuel.
XXVI. TRANSPORTATION
The Contractor shall provide transportation of inmates to and from locations, as needed. The
Contractor will work with the Orange County Sheriffs Department to ensure transportation of
inmates scheduled for arraignments is done at a time(s) suitable for a timely appearance(s). The
Contractor will also provide transportation services for those inmates who are being relocated to
another custody facility, such as Orange County Jail, Huntington Beach City Jail, Santa Ana City
Jail, Anaheim City Jail, etc. Those inmates who must be booked directly into Chino Prison (i.e,
parole violators), will be the responsibility of the City.
XXVII. 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 City and
Contractor.
XXVIII. OVERALL OPERATIONS
The Contractor, 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 with the minimum jail
standards established by regulations adopted by the CSA as set forth in Subchapter 4
(commencing with Section 1000) of Chapter I of Division I of Title 15 CCR. (CSA report,
Privately Operated Local Detention Facilities, revised 2/1999)
4. PROPOSAL FORMAT GUIDELINES
Interested contractors are to provide the City of Costa Mesa with a thorough proposal using the
following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used. Emphasis should be concentrated on conforming
to the RFP instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals, which appear unrealistic in the terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract, may be rejected. The following proposal sections are to be
included in the proposer's response:
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A. Vendor Application Form and Cover Letter
Complete Exhibit A, "Request for Proposal -Vendor Application Form" and attach
this form to the cover letter. A cover letter, not to exceed three pages in length,
should summarize key elements of the proposal. An individual authorized to bind
the consultant must sign the letter. The letter must stipulate that the proposal
price will be valid for a period of at least 180 days. Indicate the address and
telephone number of the contractor's office located nearest to Costa Mesa,
California and the office from which the project will be managed.
B. Background and Project Summary Section
The Background and Project Summary Section should describe your
understanding of the City, the work to be done, and the objectives to be
accomplished. Refer to Scope of Work of this RFP.
C. Methodology Section
Provide a detailed description of the approach and methodology to be used to
accomplish the Scope of Work of this RFP. The Methodology Section should
include:
l) An implementation plan that describes in detail (i) the methods, including
controls by which your firm manages projects of the type sought by this
RFP; (ii) methodology for soliciting and documenting views of internal
and external stakeholders; (iii) and any other project management or
implementation strategies or techniques that the respondent intends to
employ in carrying out the work.
2) Detailed description of efforts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work"
section.
3) Detailed project schedule, identifying all tasks and deliverables to be
performed, durations for each task, and overall time of completion.
4) Detailed description of specific tasks you will require from City staff.
Explain what the respective roles of City staff and your staff would be to
complete the tasks specified in the Scope of Work.
5) Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, safe, and
cost-effective operations or increased performance capabilities.
6) Firms, individuals and entities wishing to be considered shall include in
their submissions the steps they will, if selected, implement and adhere to
for the recruitment, hiring and retention of former employees of the City
who have been displaced due to layoff or outsourcing of functions and
services formerly provided by the City
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D. Staffing
Provide a list of individual(s) who will be working on this project and indicate the
functions that each will perform. Include a resume for each designated individual.
Upon award and during the contract period, if the Contractor chooses to assign
different personnel to the project, the Contractor must submit their names and
qualifications including information listed above to the City for approval before
they begin work.
E. Qualifications
The information requested in this section should describe the qualifications of the
Proposer, key staff and sub -contractors performing projects within the past five
years that are similar in size and scope to demonstrate competence to perform
these services. Information shall include:
1) Names of key staff that participated on named projects and their specific
responsibilities with respect to this scope of work.
2) A summary of the your firm's or entity's demonstrated capability,
including length of time that you have provided the services being
requested in this Request for Proposal.
3) If a private firm, provide at least five local references that received similar
services from your firm. The City of Costa Mesa reserves the right to
contact any of the organizations or individuals listed. Information
provided shall include:
♦ Client Name
♦ Project Description
♦ Project start and end dates
♦ Client project manager name, telephone number, and e-mail
address
4) Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent
information such as internal unaudited financial statements and financial
references to allow the City to reasonably foirmulate a determination about the
financial capacity of the Proposer. Describe any administrative proceedings,
claims, lawsuits, or other exposures pending against the Proposer.
F. Fee Proposal
All proposers are required to used the form in Exhibit D to be submitted with their
proposal.
G. Disclosure
Please disclose any and all past or current business and personal relationships
with any current Costa Mesa elected official, appointed official, City employee, or
family member of any current Costa Mesa elected official, appointed official, or
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City employee. Any past or current business relationship may not disqualify the
firm from consideration.
H. Sample Agreement
The firm selected by the City will be required to execute an Agreement for
Services (Agreement) with the City. The form of the Agreement is enclosed as
Exhibit B. If a proposer has any exceptions or conditions to the Agreement,
these must be submitted for consideration with the proposal. Otherwise, the
proposer will be deemed to have accepted the form of Agreement. See
Section 13, below.
I. Checklist of Forms to Accompany Proposal
As a convenience to proposers, following is a list of the forms, included as
exhibits to this RFP, that should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
♦ Content of Proposal
The proposal must be submitted using the format as indicated in the proposal
format guidelines.
♦ Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of
elaborate promotional material beyond those sufficient to provide a complete,
accurate and reliable presentation.
♦ Number of Proposals
Submit one original, three (3) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the
event of a conflict between the original and any hard copy or disk copy, the
original shall control.
♦ Submission of Proposals
Complete written proposals must be submitted in sealed envelopes marked and
received no later than 4:00 p.m. (P.S.T) on October 21, 2011 to the address
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below. Proposals will not be accepted after this deadline. Faxed or e-mailed
proposals will not be accepted.
City of Costa Mesa
City Attorney — 51h Floor
Attn: Kimberly Hall Barlow
77 Fair Drive
Costa Mesa, CA 92628-1200
RE: Operation of the Costa Mesa Police Department's Type 1 Jail Facility
♦ Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Richard Amadril, Purchasing Supervisor
rick.amadril@costamesaca.gov
The City reserves the right to amend this RFP prior to the proposal due date. All
amendments, responses to questions received, and additional information will be
posted to the Costa Mesa Procurement Registry, Posta M a - OfficialCitclr.
Site - Busigoss - Bids & RFP's; proposers should check this web page daily for
new information. The City will endeavor to answer all written questions timely
received no later than October 6, 2011. The City reserves the right not to answer
all questions.
From the date that this RFP is issued until a firm is selected and the selection is
announced, firms are not allowed to communicate outside the process set forth in
this RFP with any City employee other than the contracting officer listed above
regarding this RFP. The City reserves the right to reject any proposal for
violation of this provision. No questions other than written will be accepted, and
no response other than written will be binding upon the City.
♦ Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs
incurred for any services. The City, at its sole discretion, reserves the right to
accept or reject any or all proposals received as a result of this RFP, to negotiate
with any qualified source, or to cancel this RFP in part or in its entirety. The City
may waive any irregularity in any proposal. All proposals will become the
property of the City of Costa Mesa, USA. If any proprietary information is
contained in the proposal, it should be clearly identified.
6. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
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1. Qualifications of Firm and Key Personnel -------25%
Includes a firm's ability to provide the requested scope of services, the firm's
financial capacity, recent experience conducting work of similar scope,
complexity, and magnitude for other public agencies of similar size, references.
2. Approach to Providing the Requested Scope of Services -------10%
Includes an understanding of the RFP and of the project's scope of services,
knowledge of applicable laws and regulations related to the scope of services.
3. Price Proposal -----50%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Exhibit D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----15%
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which will include
members of the City's staff and possibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City
may reject as non-responsive any proposal that does not include the documents
required to be submitted by this RFP. At any time during the evaluation process,
the City reserves the right to request clarifications or additional information from
any or all Proposers regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals
based upon the Evaluation Criteria set forth above. The Committee may also
contact Proposer's references. Proposals that receive the highest evaluation scores
may be invited to the next stage of the evaluation process. The City may reject
any proposal in which a Proposer's approach, qualifications, or price is not
considered acceptable by the City. An unacceptable proposal is one that would
have to be substantially rewritten to make it acceptable. The City may conclude
the evaluation process at this point and recommend award to the lowest
responsible bidder.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in
this stage of the evaluation process may be invited to participate in an oral
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interview. Interviews, if held, are tentatively scheduled for 2011
and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa
Mesa, 92626. This date is subject to change. The individual(s) from Proposer's
firm or entity who will be directly responsible for carrying out the contract, if
awarded, should be present at the oral interview. The oral interview may, but is
not required to, use a written question/answer format for the purpose of clarifying
the intent of any portions of the proposal.
In addition to conducting an oral interview, the City may during this stage of the
evaluation process also contact and evaluate the Proposer's references, contact
any Proposer to clarify any response or request revised or additional information,
contact any current users of a Proposer's services, solicit information from any
available source concerning any aspect of a proposal, and seek and review any
other information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will
again rank all Proposers according to the evaluation criteria set forth above. The
Committee may conclude the evaluation process at this point, and make a
recommendation for award, or it may request Best and Final Offers from
Proposers. The City may accept the proposal or negotiate the terms and
conditions of the agreement with the highest ranked firm or entity. The City may
recommend award without Best and Final Offers, so Proposers should include
their best proposal with their initial submission
The City may accept the proposal or negotiate the terms and conditions of the
agreement with the highest ranked firm or entity, which shall be determined to be
the lowest responsible bidder. Recommendation for award is contingent upon the
successful negotiation of final contract terms. Negotiations shall be confidential
and not subject to disclosure to competing Proposers unless an agreement is
reached. If contract negotiations cannot be concluded successfully within a time
period determined by the City, the City may terminate negotiations and
commence negotiations with the next highest scoring Proposer or withdraw the
RFP.
8. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the Purchasing Supervisor at least 3 calendar days prior to receipt of proposals. The
protest must clearly specify in writing the grounds and evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the Purchasing Supervisor,
within forty-eight hours from receipt of the notice from the City advising of staffs
recommendation for award of contract. The protest must clearly specify in writing the grounds
and evidence on which the protest is based. The Purchasing Supervisor will respond to the
protest in writing at least three days prior to the meeting at which staffs recommendation to the
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City Council will be considered. Should Proposer decide to appeal the response of the
Purchasing Supervisor, and pursue its protest at the Council meeting, it will notify the
Purchasing Supervisor of its intention at least two days prior to the scheduled meeting.
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250, et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all cost and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. If Proposer does not request that the City withhold from
disclosure information identified as confidential, the City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation panel, with the exception of the Purchasing
Supervisor, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf, Proposers shall include the Ex Parte Communications form (Exhibit C)
with their proposals certifying that they have not had prohibited communications as described in
this section.
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11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1090, et seq. or sections 87100, or seq. during the performance of services under
this Agreement. The Proposer further covenants that it will not knowingly employ any person
having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
past twelve months using the attached "Disclosure of Government Positions Form." (See Exhibit
F.)
13 CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Exhibit B to this RFP, which may be modified by City. All Proposers are directed to particularly
review the indemnification and insurance requirements set forth in the sample Agreement.
The terms of the agreement, including insurance requirements have been mandated by City
Council and .can be modified only if extraordinary circumstances exist. Submittal of a
proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample
Agreement for Services unless the Proposer includes with its proposal, in writing, any conditions
or exceptions requested by the Proposer to the proposed Agreement. In accordance with the
Municipal Code, the City may consider the scope and number of conditions in evaluation of
proposals and determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a Proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, or any officer or employee of such Proposer, having been
disqualified, revmoved, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Exhibit E.
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15. STANDARD TERMS AND CONDITIONS
♦ Amendments
The City reserves the right to amend this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa
Procurement Registry, costa Mesa_OificialC_rty W l>. Site - Business - Bids &
LUT's; Proposers should check this web page daily for new information.
♦ Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All
proposals submitted become the property of the City.
♦ Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of
Insurance (not a declaration or policy) or proof of legal self-insurance on file with the
City for the issuance of a permit or contract. Within ten (10) calendar days of award
of contract, the successful Proposer must furnish the City with the Certificates of
Insurance proving coverage as specified within Exhibit B.
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Appendix A
4a
ATTACHMENT 1
Appendix A
REQUEST FOR PROPOSAL
Operation of the Costa Mesa Police Departments Type I Jail Facility
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Business Telephone:
Is your business: (check one)
❑ NONPROFIT CORPORATION
Is your business: (check one)
Fax:
E -Mail Address:
Business Fax:
❑ FOR PROFIT CORPORATION
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSIIIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
Naives & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
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Names
Federal Tax Identification Number:
ATTACHMENT
Title Phone
City of Costa Mesa Business License Number:
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
2of2
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Appendix B
ATTACHMENT
Page 109 of 134
Appendix B
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scone of Services. Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a maturer consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, Consultant will be representing the City, and all of its actions, communications,
or other work, during its employment, under this contract is under the direction of the City.
Consultant also warrants that it is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. No personnel providing services to the City under this
Agreement shall be allowed to work under this agreement unless he/she is approved by the City.
City also has the right to require Consultant to remove personnel from service under this
Agreement upon demand of the City based on performance deficiencies or misconduct of any
kind.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
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Agreement in compliance with all applicable Federal and California employment laws including;
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assi nment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. [TBD]
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's designated
supervisor for approval on a progress basis, but no more often than two times a month. Said
invoice shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the
date City receives said invoice. Each invoice shall describe in detail, the services performed and
the associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
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shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to continence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties, Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of thirty-six months ending on 2012, unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties. At the end of the term period,
Consultant and City may mutually agree, in writing, to renew the contract for up to two term
periods of one (1) year each.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. hr the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
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5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Public Liability and Property Damaee Liability Insurance: Operator
shall procure a policy or policies of Commercial General liability
insurance issued on an "occurrence" basis. Such insurance shall protect
operator against loss, including injury or death resulting therefrom
suffered or alleged to have been suffered by any person or persons,
resulting directly or indirectly from the performance or execution of this
Agreement or any subcontract thereunder. Operator's insurer shall be an
approved carrier in the State of California with an A.M. Best's rating of
"A" VII or better. Property damage insurance shall also protect Operator
against loss from liability imposed by law for damage to any property
caused directly or indirectly by the performance or execution of this
Agreement or any subcontractors thereunder. Liability insurance (subject
to the normal terms, conditions, and exclusions of the Commercial
General Liability Coverage Form — Criminal Justice system operations)
must cover:
i. Assumption of Liability: Operator's assumption of all liability caused
by or arising out of all aspects of the provision and operation of the
Jail
ii. Form, Limits: The policy or policies for the insurance identified
above must be of a comprehensive form and on an "occurrence basis"
with a per occurrence limit of not less than Ten Million Dollars
($10,000,000) and a general aggregate limit of not less than Ten
Million Dollars ($10,000,000) and include civil rights coverage as set
forth below, with the same limits.
iii. Policies must not contain any exclusions for discrimination and/or
violations of civil right
(b) Automobile Insurance: Operator shall obtain and maintain Automotive
Liability Insurance, on an occurrence basis, which will cover any vehicle
owned, leased, hired, borrowed or operated by Operator or its employees
which are used in the performance of duties under this Agreement. The
insurance shall have a combined singled limit of not less than One Million
Dollars ($1,000,000) for each accident.
(c) Workers' Compensation: Operator shall obtain Workers' Compensation
Insurance, including employer's liability coverage, with a minimum limit
of One Million Dollars ($1,000,000) or the amount required by law,
whichever is greater. If any work is sublet, Operator shall require the
subcontractor to provide similar Workers' Compensation Insurance
coverage, unless such subcontractor's employees are covered by the
Operator's insurance. Operator agrees to indemnify City for any damage
resulting to it from any failure of either Operator or any subcontractor to
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take out or maintain such insurance. Operator agrees to waive, and obtain
endorsements from its workers' compensation insurer waiving,
subrogation rights under its workers' compensation insurance policy
against the CITY and to require each of its subcontractors, if any, to do
likewise under their workers' compensation insurance policies.
(d) Professional Liability Insurance: Professional Liability in an amount not
less than Ten Million Dollars ($10,000,000) per occurrence; Insurance
companies must be acceptable to City and have an A.M. Best's rating of
"A" VII or better as approved by the CITY. Policy must not contain any
exclusions for discrimination and/or civil rights violations. For any
professional liability policy written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of
this agreement, and for a period of not less than three (3) years from the
date of completion of services hereunder. In the event of termination,
cancellation, or material change of the policy during this period,
Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing services wider
the terms of this agreement. The coverage shall be evidenced by either a
new policy evidencing no gap in coverage, or obtaining separate extended
"tail" coverage with the present or new carrier. Evidence of coverage shall
be submitted to the City.
(e) Fidelity Insurance: Operator shall procure and maintain, at its sole cost
and for the duration of this Agreement, fidelity insurance in an amoimt not
less than one Million Dollars ($1,000,000) per occurrence with an
aggregate of One Million Dollars ($1,000,000). Fidelity Insurance must
include client coverage and the CITY must be listed as loss payee.
5.2. Endorsements:
(a) All insurance policies shall contain a Waiver of Subrogation of Rights
against the City.
(b) Additional Insured: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City" on the policies
of comprehensive general liability, civil rights liability, property damage,
automobile liability and excess liability coverages by endorsement.
(c) Primary Insurance: Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
the policies of this agreement.
(d) Notice: Said policies shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City.
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5.3 Clauses - Each policy of insurance shall contain the following clauses:
(a) Civil Rights Coverage: Insurance provided by operator under A, Liability
Insurance, must protect the City and its elected and appointed boards,
officers, agents, and employees against civil rights actions and/or
discrimination actions by Inmates involving "conditions of confinement"
wherein declaratory and injunctive relief are sought and/or monetary
damages are sought.
(b) Separate Application: Subject to Operator's General Liability policy
combined single limit, the insurance afforded applies separately to each
insured, against whom claim is made, or suit is brought.
(c) If any of such policies provide for a deductible or self-insured
retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy
of insurance issued as to which the City is an additional insured shall
contain a provision which requires that no insured except the named
insured can satisfy any such deductible or self-insured retention.
(d) Deductibles and Self -Insured Retention: any change in the deductibles
must be declared to and approved by CITY. Any self-insured retention
and/or deductible must be declared to and approved by the CITY.
5.4 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
5.5. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.6. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
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City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Consultant
1.2345 Jefferson Rd.
Costa Mesa, CA 92626
Tel: 555-555-5555
Fax: 555-555-5555
Attn:
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
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agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assi mg Hent: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Contract by
the Contractor (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations
shall apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemnitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal
injuries, wrongful death, mental or emotional distress, loss of consortium, damage to or loss of
use of real, personal or intangible property of any kind, loss of income, loss of earning capacity,
and business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys
fees, and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation trader this Section includes,
without limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising
from allegations of violations of any federal, State, or local law or regulation, and from
allegations of violations of Consultant's or its subcontractor's personnel practices or from any
allegation of an injury to an employee of the Consultant or subcontractor performing work or
labor necessary to carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate,
abridge or otherwise reduce any other obligation of indemnity the Consultant may have with
respect to the City which may otherwise exist. If any judgment is rendered against the City or
any of the other individuals enumerated above in any such action, the Consultant shall, at its
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expense, satisfy and discharge the same. This indemnification shall survive termination or
expiration of this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11 PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
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as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the hatter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the Proposal, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the Proposal.
6.17. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have. any right in, under or to this
Agreement.
6.19. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver: The delay or failure of either party at any time to require performance or
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compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.25. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Mayor
CONSULTANT
Signature
Name and Title
11
Date:
Date:
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Management
APPROVED AS TO CONTENT:
Project Manager
12
Date:
Date:
Date:
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ATTACHMENT
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EXHIBIT A
CONSULTANT'S PROPOSAL
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EXHIBIT B
CITY COUNCIL POLICY 100-5
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SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
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SUBJECT
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DRUG-FREE WORKPLACE
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8-8-89
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b. Esranusnmg a Drug -gree Awareness Program to intorm employees about:
1. The dangers of drug abuse in the workplace;
2, Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
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g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
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EXHIBIT C
CERTIFICATES OF INSURANCE
M
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Appendix C
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Appendix C
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one
statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the Jail Operations RFP at any time after September 21, 2011.
OR
I certify that Proposer or Proposer's representatives have communicated after September 21,
2011 with a City Councilmember concerning the Jail Operations RFP. A copy of all
communications is attached to this form for public distribution.
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Appendix D
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Appendix D
PRICING PROPOSAL FORM
OPERATION OF THE COSTA MESA POLICE
DEPARTMENT TYPE I JAIL FACILITY
Provide hourly rates, along with estimated annual pricing in accordance with the City's
current requirements, as set forth in section VII. SCHEDULE REQUIREMENTS. (These
hours are subject to fluctuation, but shall be used for the purpose of pricing comparison.)
Also provide your firm's proposed Staffing Plan on a separate sheet of paper.
Pricing shall remain firm for a minimum of one and one half (1.5) years. Any and all requests for
pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty
(60) days prior to the end of the contract period. Any such proposed price adjustments shall not
exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -
Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change
comparing the original proposal month and the same month in the subsequent year. (This
information may be found on the U.S. Department of Labor's website at wwiyJ
go y.)
Employee
Hourly Rate Overtime rate
Supervisor
$ $
Custody Officer
$ $
Supervisor Hourly Rate x 40 hours/week x 52 weeks/ ear $
Custody Officer Hourly Rate x 400 hours/week x 52 weeks/ ear $
Total Estimated Annual Price $
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Appendix E
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Appendix E
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
3060775.1
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Appendix F
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Appendix F
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past twelve months. List below, or state "None."
3060677.1