CITY OF COSTA MESA
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, July 18, 2023
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
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Enter Webinar ID: 983 7639 0419/ Password: 905283
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Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Note, if you have installed a zoom update, please restart your computer before participating in the meeting.
Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957, (b)(1) Title: City Manager
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
JULY 18, 2023 – 6:00 P.M.
JOHN STEPHENS
Mayor
JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3
MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Certificate of Recognition: 2023 OC Artist of the Year Alexandra Hernandez
23-1307
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
2. 2023 Parks and Recreation Month 23-1306
1. Proclamation: Parks Make Life BetterAttachments:
3. Presentation: TESSA Demonstration 23-1305
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.
Comments are limited to 3 minutes, or as otherwise directed.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Marr
2. Council Member Reynolds
3. Council Member Chavez
4. Council Member Gameros
5. Council Member Harper
6. Mayor Pro Tem Harlan
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR:
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
23-1274
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
2. READING FOLDER 23-1296
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Lindsey Biurquiz, Delco Company, Robert De Pasquale, Evangelina Espinosa, Lorie Milton, Nicholas Patrick, Jake Querry, Angela Vargas.
3. ADOPTION OF WARRANT RESOLUTION 23-1298
RECOMMENDATION:
City Council approve Warrant Resolution No. 2701.
1. Summary Check Register 6.12.23
2. Summary Check Register 6.19.23
3. Summary Check Register 6.26.23
4. Summary Check Register 7.3.23
Attachments:
4. MINUTES 23-1282
RECOMMENDATION:
City Council approve the minutes of the regular meeting of June 20, 2023.
1. 06-20-2023 Draft MinutesAttachments:
5. FINAL MAP FOR TRACT NO. 19120 LOCATED AT 1978 MEYER
PLACE AND 1979 ANAHEIM AVENUE, COSTA MESA
23-1284
RECOMMENDATION:
Staff recommends the City Council approve the final Tract Map No. 19120 and authorize the signing of the map by the City Clerk and the City Engineer.
1. Tract Map 19120
2. Conditions of Approval
Attachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
6. TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND
DISTRICT AGRICULTURAL ASSOCIATION
23-1286
RECOMMENDATION:
Staff recommends City Council:
1. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or her designee, to execute the agreements.
4. Authorize the City Manager, or her designee, to execute any amendments to the agreements, including but not limited to, amendments increasing the maximum compensation to be paid to the City.
1. City of Costa Mesa Fair Final 2023
2. City of Costa Mesa Year Round Final 2023
3. Special Events Rate
Attachments:
7. AMENDMENT TO EXTEND TERM OF FALCK AMBULANCE
SERVICES AGREEMENT
23-1288
RECOMMENDATION:
Staff recommends approval of the attached Amendment Number One extending the term of the Ambulance Services Agreement with Falck Mobile Health Corp, (Previously known as Care Ambulance) for the continuation of emergency ambulance operator and support services until July 31, 2024, adjust the compensation as discussed herein, appropriate the increase of $ 550,00 in the Fire Department’s operating budget, and authorize the City Manager to execute the Amendment.
1. Amendment No. 1 with Falck Ambulance Service, Inc.
2. PSA with Care Ambulance Service, Inc.
3. Exhibit A - Fee Schedule
4. Exhibit B - Additional Expenses
Attachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
8. ONE YEAR EXTENSION OF THE PROFESSIONAL SERVICES
AGREEMENT WITH WITTMAN ENTERPRISES, LLC FOR
AMBULANCE BILLING AND COST RECOVERY SERVICES RFP
18-03
23-1290
RECOMMENDATION:
Staff recommends the City Council:
1. Approve Amendment Number One to extend the term of the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa for one additional year expiring on July 31, 2024, for a total not- to-exceed amount of $240,000. (Attachment 1).
2. Authorize the City Manager to execute the Amendment
1. Amendment No. 1 with Wittman Enterprises, LLC
2. PSA with Wittman Enterprises, LLC
Attachments:
9. 2021 AND 2022 ANNUAL REVIEW OF THE COSTA MESA 2015-2035
GENERAL PLAN
23-1299
RECOMMENDATION:
Staff recommends the City Council approve the 2021 and 2022 Annual Review of the 2015-2035 Costa Mesa General Plan for submittal to the State Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
1. Agenda Report
2. Draft 2021 & 2022 Annual Review
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
9 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. REVIEW OF PLANNING COMMISSION APPROVAL CONDITIONS
FOR THE NORTHGATE MARKET AT 2300 HARBOR BOULEVARD
(UNIT C)
23-1232
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1) for Existing Facilities; and Section 15303 (Class 3), New Construction or Conversion of Small Structures.
2. Review and consider the May 15, 2023 Application for Review and the May 8, 2023 Planning Commission staff report, final resolution, and meeting minutes.
3. Uphold the Planning Commission ’s approval as written or modify conditions of approval to allow for televisions on the outdoor patio located near Wilson Street, and modified hours of operation to allow the proposed outdoor dining areas to be open for breakfast.
APPLICANT OR AUTHORIZED AGENT:
The authorized agent is Le Architecture (representing Northgate Market), and the applicant is Harbor Center Partners.
1. Resolution
2. Filed Review Application
3. Planning Commission Public Comments
4. Planning Commission Resolution
5. Planning Commission approved minutes
6. City Council Public Comments
Attachments:
OLD BUSINESS: NONE.
10 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
NEW BUSINESS:
1. COSTA MESA TENNIS CENTER OPERATIONS 23-1295
RECOMMENDATION:
Staff recommends the City Council:
1. Award an operation agreement to Agape Tennis Academy for the Management and Operation of the Costa Mesa Tennis Center.
2. Authorize the City Manager or her designee to negotiate the terms and conditions for the financial share between the City and Agape Tennis Academy.
3. Authorize the City Manager and the City Clerk to execute the operating agreement and future amendments to the agreement within City Council authorized limits.
11 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
2. AUTHORIZE THE USE OF SOURCEWELL ’S NATIONAL
COOPERATIVE AGREEMENT WITH WHP TRAININGTOWERS FOR
THE PURCHASE OF A PRE-FABRICATED TRAINING TOWER AT
FIRE STATION NO. 4
23-1285
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the use of Sourcewell ’s National Cooperative Agreement No . 011822-JHK with WHP Trainingtowers for the purchase and installation of a pre-fabricated training tower at Fire Station No. 4 in the amount of $2,178,190.05.
2. Authorize an additional ten percent (10%) contingency of $217,819.05 for unforeseen costs.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities.
1. Fire Station No. 4 Tower Sourcewell Proposal
2. Site Plan and Training Tower
Attachments:
3. RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND
21221, FOR THE REHIRE OF EMERGENCY SERVICES MANAGER
BRENDA EMRICK
23-1297
RECOMMENDATION:
Staff recommends the City Council:
Adopt by resolution the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21221(h) (Attachment I) to retain the services of retired Emergency Services Manager Brenda Emrick
1. Resolution.Emrick
2. Job Offer.Emrick
Attachments:
12 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda July 18, 2023
4. CITY COUNCIL DIRECTION REGARDING POTENTIAL BEHAVIORAL
HEALTH UNIT AT COSTA MESA BRIDGE SHELTER THROUGH
GRANT FUNDED PARTNERSHIP WITH COUNTY
23-1203
RECOMMENDATION:
City Council direction and authorization is requested regarding the following:
1. Potential joint application with the Orange County Health Care Agency to the California Department of Health Care Services for Behavioral Health Bridge Housing Program funds to create a new 50 bed Behavioral Health Unit at the Costa Mesa Bridge Shelter for individuals with Serious Mental Illness (SMI) or Substance Use Disorder (SUD), and appropriate all awarded funds to the Housing Authority’s Shelter Budget.
2. Allocation of up to $1.27 million in American Rescue Plan Act funds as the City’s portion of gap financing to undertake and complete the $5.0 million in capital improvements needed to convert 15,000 square ft. of existing warehouse space in Unit B of the Bridge Shelter for a new Behavioral Health Unit, including $3.75 million in capital grant funding from the County for this purpose.
3. Authorize the City Manager or her designee to execute agreements and amendments to agreements to bring the Bridge Shelter Expansion Project to fruition.
1. CIP AttachmentAttachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1307 Meeting Date: 7/18/2023
TITLE:
Certificate of Recognition: 2023 OC Artist of the Year Alexandra Hernandez DEPARTMENT: City Manager’s Office
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1306 Meeting Date: 7/18/2023
TITLE:
Proclamation: 2023 Parks and Recreation Month
DEPARTMENT: City Manager’s Office
15 WHEREAS, parks and recreation are an integral part of communities throughout this country, including the City of Costa Mesa; and WHEREAS, parks and recreation promote health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, the City of Costa Mesa operates and maintains 30 different parks; and WHEREAS, parks and recreation promote time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and WHEREAS, parks and recreation encourage physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities designed to promote active lifestyles; and WHEREAS, park and recreation programming and education activities, such as out -of-school time programming, youth spor ts, and environmental education, are critical to childhood development; and WHEREAS, parks and recreation increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation are fundamental to the environmental well-being of our community; and WHEREAS, parks and recreation are essential and adaptable infrastructure that makes our communities resilie nt in the face of natural disasters and climate change; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, The California Park & Recreation Society has released a statewide public awareness campaign, “Parks Make Life Better! ®,” to inform citizens of the many benefits of utilizing parks, facilities, programs, and services; now, therefore, be it resolved that the citizens of California recognize the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all Californians; and
WHEREAS, the U.S. House of Representatives passed an off icial resolution for Parks and Recreation Month in 2009 and introduced the resolution in 2017 and 2018.; and
WHEREAS, the City of Costa Mesa recognizes the benefits derived from parks and recreation resources.
NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim the month of July 2023 as Parks and Recreation Month and recognize the importance of access to local parks, trails, open spaces, programs, and facilities for the health, wellness, development, inspiration, and safety of all Costa Mesa residents.
DATED this 18th day of July 2023.
________________________________________________________ John B. Stephens, Mayor of the City of Costa Mesa
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1305 Meeting Date: 7/18/2023
TITLE:
Presentation: TESSA Demonstration
DEPARTMENT: Economic and Development Services Department
17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1274 Meeting Date: 7/18/2023
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
18 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1296 Meeting Date: 7/18/2023
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Lindsey Biurquiz, Delco Company, Robert De Pasquale, Evangelina Espinosa, Lorie Milton, Nicholas Patrick, Jake Querry, Angela Vargas.
19 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1298 Meeting Date: 7/18/2023
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2701.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 23-13 On Cycle for $3,129,615.10, 23-13 “A”Off Cycle for $1,098.47, and 23-14 On Cycle for $3,506,225.84 and City operating expenses for $5,645,678.69.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1282 Meeting Date: 7/18/2023
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the minutes of the regular meeting of June 20, 2023.
141
Minutes – Regular Meeting – June 20, 2023 Page 1 of 13
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
JUNE 20, 2023 - 6:00 P.M. - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, and Mayor Stephens.
Absent: Council Member Reynolds and Mayor Pro Tem Harlan.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2)
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957, (b)(1) Title: City Manager
City Council recessed at 4:02 p.m. for Closed Session.
Closed Session adjourned at 5:45 p.m.
CALL TO ORDER – The Regular City Council and Successor Agency to the Redevelopment Agency, and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION – Led by Ian Stevenson.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, and Mayor Stephens.
Present Via Zoom Webinar: Council Member Reynolds.
Absent: Mayor Pro Tem Harlan.
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Minutes – Regular Meeting – June 20, 2023 Page 2 of 13
CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.
PRESENTATIONS:
Michele Richards, CEO, Orange County Fair & Event Center, presented an update on upcoming events.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on supporting committee volunteers.
Sandi Lester, Board Member representing Groundswell, previously Orange County Human Relations, spoke on the organization’s activities.
Russell Toler spoke on traffic in the city and requested south bound bike lanes on Santa Ana Avenue.
Juana Trejo spoke on high rents, evictions, and requested assistance.
Speaker, spoke on Fairview Park, wildlife, and against allowing the flying activity.
Speaker, requested a rent control ordinance, spoke on high rents, evictions, requested assistance, and spoke on enforcement of laws.
Speaker, spoke in support of the leading pedestrian interval signals, requested an update on the senior affordable housing project at the senior center, and requested council take a position on state legislation.
Speaker, Resilience Orange County, spoke on high rents and evictions, and spoke on Assembly Bill 1482 legislation.
Jennifer Friend, Project Hope Alliance CEO, thanked the Council for their financial investment.
Chris McEvoy spoke against the residential permit parking program.
Speaker, requested rent control.
Sandra Genis spoke on oversight for animal care services, stated staff should be allowed to enter shelters on demand, and committee members monitoring services.
Speaker, spoke against Orange County Animal Care Services.
Roberto Herrera requested a rent control ordinance, spoke on tenant rights workshops, pop-up workshops in the neighborhoods, collaboration, and spoke on housing insecurity.
Jennifer Tanaka, Costa Mesa Alliance for Better Streets, spoke in support of the leading pedestrian interval signals, spoke on committees and resident involvement, spoke on a pick-up soccer game at Davis Field and thanked staff for opening the field, and requested the fence at Harper Park to be removed.
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Minutes – Regular Meeting – June 20, 2023 Page 3 of 13
Cynthia McDonald spoke on committees and their scope, requested a code of ethics and code of conduct policies, spoke on the committee annual reports, and spoke on the dedication of volunteers.
Speaker, spoke in support of monies from year-end savings be used to improve the tennis center.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harper spoke on the Tennis Center Request For Proposals, and spoke in support of renovating the tennis center.
Council Member Marr spoke on the cost of housing, an inclusionary housing ordinance, and spoke on Resilience OC and opportunities for legal assistance.
Council Member Reynolds spoke on rent challenges and housing needs, developing a Network for Renter Solutions, exploring eviction policies, provided updates on the Active Transportation Committee, and on the Fairview Park Committee meeting and the Fairview Park Master Plan process, spoke on attending the Luke Davis field opening and the symphony event at Balearic Park, spoke on the library maintenance and thanked staff for their efforts, spoke on the Police Department open house and signing up for the 529 program, spoke in support of Assembly Bill 413, and spoke on “A Week Without Driving” national campaign and would like the City to participate in the program.
Council Member Chavez spoke on programs to assist renters, suggested researching Buena Park ordinances, spoke in support of creating a Network for Renter Solutions, spoke on the My Costa Mesa App, spoke on the Luke Davis field opening, spoke on Assembly Bill 1482 regarding a statewide rental cap law and adopting a resolution in support of the law.
Council Member Gameros spoke on the Luke Davis field opening, the Police Department open house on June 25th, spoke on the July 3 rd celebrations, and spoke on the success of the June 10th job fair.
Mayor Stephens spoke on attending the Soy 30-year anniversary Gala, spoke on the Costa Mesa Little League tournament of champions, spoke on the Luke Davis field opening, spoke on the Fish Fry at Luke Davis Field on June 23 rd through June 25 th, spoke on attending the Lions Club Golf Tournament supporting Estancia High School, requested the fence to be removed at Harper Park, requested an update on the Senior Housing project, and spoke on a Network for Senior Solutions.
REPORT – CITY MANAGER – NONE.
REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on the Orange County Fair’s agricultural program.
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CONSENT CALENDAR:
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve recommended actions for consent calendar items 1-12.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: None.
Absent: Mayor Pro Tem Harlan.
Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife’s employment at Priceless Pets and Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.
Motion carried: 6-0-1
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Charlynn Gerber, Jonathan Godinez, Mark Herschthal, Emily Keller, Erica Callahan, Colin Callahan, Erin Callahan, Khosrow Jahanbin, Mercury Insurance (Daniel Vo).
3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife’s employment at Priceless Pets and Mayor Stephens recused himself on this item due to campaign contributions received.
ACTION:
City Council approved Warrant Resolution No. 2700.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of June 6, 2023.
5. ACCEPTANCE OF THE 2022 PROPOSITION 69 FUNDS
ACTION:
1. City Council adopted Resolution 2023-32 authorizing the acceptance of the 2022 Proposition 69 funds and authorizing the City Manager or designee to accept the funds in the amount of $122,606.
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2. Approved revenue and expense appropriations in the amount of $122,606 from the Proposition 69 funds.
6. ORANGE COUNTY TRANSPORTATION AUTHORITY TIER 1 GRANT PROGRAM
APPLICATION FOR A HYDRODYNAMIC SEPARATOR (HDS) AT COSTA MESA
COUNTRY CLUB
ACTION:
1. City Council adopted Resolution No. 2023-33 for the submittal of a grant application to the Orange County Transportation Authority (OCTA) Environmental Cleanup Program (ECP), Tier 1 Grant for the procurement and installation of a Hydrodynamic Separator (HDS) at Costa Mesa Country Club.
2. Authorize the Public Works Director or designee as the City’s representative.
7. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City’s Maintenance of Effort (MOE) for Fiscal Year 2023-24.
2. Approved the M2 Seven-Year Capital Improvement Program (CIP) comprised of the City’s Five-Year and future year CIP for FY 2023-24 through FY 2029-30.
3. Adopted Resolution No. 2023-34, for the Master Plan of Arterial Highways Conformance and Mitigation Fee Program.
4. Adopted Resolution No. 2023-35, for the Update of the Local Signal Synchronization Plan.
5. Authorized staff to submit documents to meet M2 Eligibility requirements.
8. SCHOOL CROSSING GUARD SERVICES
ACTION:
1. City Council approved Amendment No. 3 to the Professional Services Agreement (PSA) with All City Management Services (ACMS), increasing the maximum compensation by $25,000 for school crossing guard services for the 2022-23 school year, for a total not-to-exceed amount of $254,027.63.
2. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the Professional Services Agreement. 146
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9. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL PUBLIC WORKS/
ENGINEERING STAFF SUPPORT SERVICES
ACTION:
1. City Council awarded a Professional Services Agreement (PSA) to Kabbara Engineering for a three-year period starting on July 1, 2023, with two one-year renewal periods for a not to exceed amount of $300,000.
2. Awarded a Professional Services Agreement (PSA) to Z&K Consultants, Inc. for a three-year period starting on July 1, 2023, with two one-year renewal periods for a not to exceed amount of $300,000.
3. Authorized the City Manager or designee to execute the agreements and any future authorized amendments to these agreements.
10. AUTHORIZE THE PURCHASE OF FORD FLEET VEHICLES
ACTION:
1. City Council authorized by minute action, that compliance with the bidding requirements and procedures is inefficient and not in the best interest of the City, based on identified conditions and supported by substantial evidence.
2. Authorized the purchase of Ford fleet vehicles from local authorized Ford dealerships.
3. Authorized the City Manager or designee to execute the necessary documents for the purchase of new and replacement Ford fleet vehicles as approved in Fiscal Years 2021-22, 2022-23, and 2023-24 annual budgets.
11. RESOLUTION ADOPTING THE FY 2023-2024 STATEMENT OF INVESTMENT POLICY
ACTION:
City Council Adopted Resolution No. 2023-36 approving the Statement of Investment Policy for FY 2023-2024.
12. AMENDMENT NUMBER THREE TO PROFESSIONAL SERVICES AGREEMENT WITH LYONS SECURITY SERVICE, INC.
ACTION:
1. City Council approved Amendment No. 3 to the Professional Services Agreement (PSA) with Lyons Security Services, Inc., increasing the maximum compensation by $45,000 for unarmed security guard services for the Lions Park Campus and the Costa Mesa Senior Center, for a total not-to-exceed amount of $300,000 with a contingency of 10%, or $30,000, for a total amount of $330,000.
2. Authorized the City Manager and City Clerk to execute the agreement and all future amendments to the Professional Services Agreement.
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--------------------------------------END OF CONSENT CALENDAR--------------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.
NEW BUSINESS:
1. SMART CAMP MEMORANDUM OF UNDERSTANDING
Presentation by Mr. Minter, Parks and Community Services Director and Ms. Villasenor, Recreation Manager.
Discussion ensued on the number of participants each year and the annual cost.
Public Comments: None.
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: None.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 6-0-1
ACTION:
City Council approved the Memorandum of Understanding (MOU) between the City and Newport-Mesa Unified School District to provide SMART Camp to Costa Mesa residents and authorize the City Manager and City Clerk to execute the agreement and future amendments to the agreement.
2. COMPENSATION PLAN AND SALARY SCHEDULE REVISIONS FOR DESIGNATED
CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES
ASSOCIATION AND THE COSTA MESA DIVISION MANAGERS ASSOCIATION Presentation by Ms. Carvajal, Human Resources Administrator.
Public Comments: None.
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MOVED/SECOND: Council Member Gameros/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: None.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 6-0-1
ACTION:
1. City Council adopted Resolution No. 2023-37 revising the pay ranges for designated classifications represented by the Costa Mesa City Employees Association.
2. Adopted Resolution No. 2023-38 revising the pay ranges for designated classifications represented by the Costa Mesa Division Managers Association.
3. FISCAL YEAR 2022-23 PRELIMINARY UNAUDITED YEAR-END FINANCIAL REPORT
Presentation by Ms. Molina, Finance Director.
Discussion ensued on mutual aid, labor and pension costs, and use of the projected $4.0 million in year-end savings.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Council Member Harper
MOTION: Approve staff recommendation items 1b and 2, and bring back for consideration in November options to allocate the projected $2.5 million in year-end savings.
SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation.
Discussion ensued on fiscal responsibility, alternatives for the $2.5 million surplus, and councils’ goals and priorities.
SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation.
The motion failed by the following roll call vote:
Ayes: Council Member Chavez, Council Member Marr, and Council Member Reynolds.
Nays: Council Member Gameros, Council Member Harper, and Mayor Stephens.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion failed: 3-3-1
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ORIGINAL MOTION/SECOND: Mayor Stephens/Council Member Harper MOTION: Approve staff recommendation items 1b and 2, and bring back for consideration in November options to allocate the projected $2.5 million in year-end savings.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, and Mayor Stephens.
Nays: Council Member Marr and Council Member Reynolds.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 4-2-1
ACTION:
1. City Council authorized the City Manager, or her designee, to allocate and appropriate Fiscal Year 2022-23, if available, year-end savings as follows:
b. Allocate up to $1.5 million into the Housing Authority Fund for the General Plan Housing Element implementation program.
2. Transfer actual amounts needed to cover the remaining COVID-19 and winter storm related costs in the Disaster Fund, from the American Rescue Plan Act Fund (ARPA), currently estimated at $500,000.
3. Defer recommendations “1a” and “1c” and bring back for consideration in November options to allocate the projected $2.5 million in year-end savings.
City Council recessed into a break at 8:20 p.m.
City Council reconvened at 8:35 p.m.
4. AGREEMENTS FOR HOUSING-RELATED SUPPORTIVE SERVICES
IMPLEMENTING THE PREVIOUSLY-APPROVED HOME-AMERICAN RESCUE
PLAN (HOME-ARP) FUNDING ALLOCATION PLAN
Presentation by Ms. Daily, Grant Administrator.
Discussion ensued on performance metrics and available funding for mobile home residents.
Public Comments:
Anthony Filer, Directing Attorney at Community Legal Aid of SoCal, spoke on the organization.
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Minutes – Regular Meeting – June 20, 2023 Page 10 of 13 MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: None.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 6-0-1
ACTION:
1. City Council authorized the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Community Legal Aid of Orange County in the amount of $250,000 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.
2. Authorized the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Project Hope Alliance in the amount of $120,000 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.
3. Authorized the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Stand UP for Kids in the amount of $72,348 for a one (1) year term with an additional three (3) year renewal options depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.
4. Authorized the City Manager and City Clerk to appropriate and execute an agreement funded by HOME-ARP and ARPA funding with Trellis in the amount of $29,640 for a one (1) year term with an additional three (3) year renewal options at $87,952 depending on funding, in substantially the same form as attached and in such final form as approved by the City Attorney.
5. Authorized the City Manager and the City Clerk to appropriate and execute an amendment to the existing agreement with Mercy House to add ARPA funding allocated to rental assistance in the FY 23-24 Adopted Budget, plus an additional $750,000 in ARPA funds, to continue to provide rental assistance in the City of Costa Mesa and extend the term of the agreement to December 31, 2024.
6. Authorized the City Manager, or the City Manager’s Designee, to amend the HOME-ARP Allocation Plan to re-allocate $100,000 from Development and Support of Affordable Housing to Supportive Services.
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5. COSTA MESA BRIDGE SHELTER CAPACITY PROJECT
Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Discussion ensued on the additional beds, current shelter capacity, other services provided by Newport Beach, communication on shelter vacancies, the next Point in Time Count, enforcement of the anti-camping ordinance, and criteria for the waitlist.
Public Comments:
Larry Haynes, CEO of Mercy House, thanked council and staff for their support and working together.
MOVED/SECOND: Council Member Gameros/Council Member Reynolds MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: None.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 6-0-1
ACTION:
1. City Council approved Amendment No. One to the Memorandum of Understanding with the City of Newport Beach to increase their annual payment by $275,000 for an updated annual contribution of $1,275,000 and a one-time payment of $50,000 to cover capital costs; and appropriate said funds to the Housing Authority Budget.
2. Approved Amendment No. One to the Subrecipient Agreement with Bracken’s Kitchen increasing the compensation by $73,000 for a new annual not-to-exceed amount of $400,600.
2a. Approves a contract amendment permitting the carryover of unspent funds from one fiscal year to the next to assist with cashflow and hiring needs, This adjustment is net-neutral as the 3-year (plus optional 1-year extension) total contract amount ($8M) will remain the same.
3. Approved Amendment No. One to the Subrecipient Agreement with Mercy House increasing the compensation by $185,286 for a new annual not-to-exceed amount of $2,185,286.
4. Authorized the City Manager and City Clerk to execute all agreements and any amendments to the agreements.
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6. COMMITMENT OF $4,000,000 TO AMERICAN FAMILY HOUSING FOR THE TRAVELODGE NORTH HOUSING PROJECT AS PART OF HOMEKEY ROUND 3 Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Discussion ensued on vouchers, operating budget, occupancy per unit, maintenance of the building, and any potential impacts to the community.
Public Comments:
Speaker, spoke in favor of the item.
MOVED/SECOND: Council Member Marr/Mayor Stephens
MOTION: Approve staff recommendation.
Council Member Harper spoke in opposition of the motion as he does not have enough information to support the motion.
MOVED/SECOND: Council Member Marr/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, and Mayor Stephens.
Nays: Council Member Harper.
Absent: Mayor Pro Tem Harlan.
Abstain: None.
Motion carried: 5-1-1
ACTION:
1. City Council approved a commitment of $2,500,000 in Low- and Moderate-Income Housing Asset Funds and $1,500,000 in ARPA funds to American Family Housing for conversion of the Travelodge North Motel as a Homekey Round 3 permanent housing project.
2. Authorized the City Manager or their designee to execute a Commitment Letter with American Family Housing in the amounts listed above for the Travelodge North Homekey project.
3. Authorized the City Manager to execute all applicable agreements to bring the Travelodge North Homekey project to fruition.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT–The Mayor adjourned the meeting at 10:05 p.m. 153
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___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
154
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1284 Meeting Date: 7/18/2023
TITLE:
FINAL MAP FOR TRACT NO. 19120 LOCATED AT 1978 MEYER PLACE AND 1979 ANAHEIM
AVENUE, COSTA MESA
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council approve the final Tract Map No. 19120 and authorize the signing of the map by the City Clerk and the City Engineer.
BACKGROUND:
Tentative Tract Map No. 19120 (Attachment 1) and Conditions of Approval (Attachment 2) were approved by the Planning Commission on February 22, 2021. The map consists of a subdivision for a 0.43-acre site located at 1978 Meyer Place and 1979 Anaheim Avenue, into 8-unit condominium development for the purpose of home ownership.
ANALYSIS:
This map is a subdivision of a portion of lot 23 of Fairview Farms Tract, recorded in Book 8, Page 71 of Miscellaneous Maps, in the County of Orange Clerk-Recorder’sOffice. Final Tract Map No. 19120 is in substantial conformance with the Tentative Tract Map approved by the Planning Commission.
The final Tract Map has been checked and found to be technically correct, and includes the dedication of an easement for emergency and public security purposes, an easement for ingress and egress, and the release and relinquishment of access rights to Anaheim Avenue and Meyer Place to be accepted by the City.
ALTERNATIVES:
No alternatives were considered since this item is administrative in nature.
FISCAL REVIEW:
No fiscal impact relating to this item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
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CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council approve the final Tract Map No. 19120 (Attachment 1) and authorize the signing of the map by the City Clerk and the City Engineer.
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ATTACHMENT 1
157
158
159
ATTACHMENT 2
160
ATTACHMENT 2
161
ATTACHMENT 2
162
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1286 Meeting Date: 7/18/2023
TITLE:
TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JARED BARNES, POLICE SERGEANT
CONTACT INFORMATION: JARED BARNES, POLICE SERGEANT, (714) 754-5125 RECOMMENDATION:
Staff recommends City Council:
1. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or her designee, to execute the agreements.
4. Authorize the City Manager, or her designee, to execute any amendments to the agreements, including but not limited to, amendments increasing the maximum compensation to be paid to the City.
BACKGROUND:
Each year the City enters into two agreements with the 32nd District Agricultural Association (“District”)to provide traffic management services. The first agreement applies to services provided by Police Department personnel during the annual Orange County Fair (“OC Fair”). The second agreement applies to services provided by Police Department personnel at designated events that occur at the Orange County Fair & Event Center (OCFEC) throughout the year.
The State of California requires the governing body (City Council) to approve all agreements before payment can be made.
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File #: 23-1286 Meeting Date: 7/18/2023
ANALYSIS:
The Costa Mesa Police Department is requesting City Council approval to enter into agreements with the District to provide the District with traffic management services during the 2023 OC Fair and during designated events throughout the year at the OCFEC.
The Costa Mesa Police Department is requesting City Council approval to enter into agreements with the District to provide the District with traffic management services during the 2023 OC Fair and during designated events throughout the year at the OCFEC.
The agreements provide for reimbursement of personnel costs incurred by the City for providing traffic management services for the events. The District will compensate the City in accordance with the hourly rates set forth in the City of Costa Mesa Rate Determination, established pursuant to Administrative Regulation 2.13.
Generally, the services that will be provided under both agreements include:
1. Providing and coordinating traffic management services for events at the OCFEC.
2. Controlling or “pickling” traffic lights in unison with the efforts of the District’s Parking Department.
3. Closing City streets in unison with the efforts of the District’s Parking Department. Police Department personnel will update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
The details relating to each agreement are outlined below.
Traffic Management Services - Orange County Fair
The agreement specific to traffic management services during the OC Fair has a term of July 14, 2023 through August 13, 2023. The services will be provided during the OC Fair, which is scheduled from July 14, 2023 through August 13, 2023. The District will pay the City a maximum of $283,250 for services provided during the OC Fair. However, if that amount is reached, the City and District will meet to amend the maximum compensation as needed.
Traffic Management Services - Designated Events at the OCFEC The agreement specific to traffic management services during designated year-round events has a term of July 1, 2023 through June 30, 2024. The services will be provided during designated large- scale events that occur at the OCFEC. The District will pay the City a maximum of $103,000 for services provided for events throughout the year. However, if that amount is reached, the City and District will meet to amend the maximum compensation as needed.
ALTERNATIVES:
The City Council could choose not to approve the agreements between the City and the 32nd District Agricultural Association for traffic management services. However, this alternative would result in increased traffic congestion in and around the OC Fair during large-scale events, which would impact
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File #: 23-1286 Meeting Date: 7/18/2023
increased traffic congestion in and around the OC Fair during large-scale events, which would impact and require Police Department resources without any compensation.
FISCAL REVIEW:
Cost incurred by the City is offset by the agreement with the 32nd District Agricultural Association.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the agreements and approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends City Council:
1. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2023 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or her designee, to execute the agreements.
4. Authorize the City Manager, or her designee, to execute any amendments to the agreements, including, but not limited to, amendments increasing the maximum compensation to be paid to the City.
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STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-099-23FT
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/14/2023 through 08/13/2023 FED ID: 95-6005030 Agreement is:
3. The maximum amount
of this Agreement is: $283,250.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide traffic management for 2023 OC Fair Page 2-3 Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 4-5 Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 6-9 Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 10-13 Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 14-17 Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement) Pages 18 Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 19-21 Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 22-26 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
ATTACHMENT 1
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CITY OF COSTA MESA
SA-099-23FT
PAGE 2 of 26
EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Love Hertel, Director
Phone Number (714) 708-1885
Costa Mesa Police Department
Ron Lawrence, Chief of Police
Phone Number (714) 754-5117
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is c onducting prohibited transactions with sanctioned individuals or entities, that s hall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty ( 30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service for twenty-three (23) operating days during the 2023 OC Fair.
2. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
4. To attend a pre-fair Parking Operations coordination meeting with District staff in June 2023. Meeting times and locations shall be mutually agreed upon by Contractor and the District.
5. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
6. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
7. To provide weekly summary report of the previous week’s activities each Wednesday (July 19, July 26, Aug 2, Aug 9) including: date on which services were rendered, employee names/titles, shift start/end time and employee’s hourly rate.
8. To submit invoice to District for services performed during the 2023 OC Fair no later than sixty (60) days after expiration of the term of the agreement.
9. Invoicing shall include: date on which services were rendered, employee names/titles, shift start/end time and employee’s hourly rate.
10. Both Parties reserves the right to terminate this Agreement any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, the total amount not to exceed Two Hundred Eighty-Three Thousand, Two Hundred and Fifty Dollars and 00/100 ($283,250.00).
Notwithstanding the foregoing, if Contractor’s compensation reaches $283,250 prior to the end of the term of this Agreement, District and Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written 167
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amendment to this Agreement to reflect such increased amount. If the District and Contractor do not agree upon an increased compensation amount and Contractor’s compensation reaches $300,000, Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of services herein required and upon receipt of proper itemized invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employe e names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 51494. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES:
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post- consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated:
It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred:
the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
(Revised effective January 1, 2023)
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Auth ority , District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Addition al Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non- profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefa ll Attractions (elevated jumps involving airbags); $5 ,00 0,0 00 per occurr ence for the foll owing types of Motorized Events: Automobile races, drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, endure, pro stock. $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock Events such as Bull Riding, 179
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Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.
If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobil e Li ability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be 180
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sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
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2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance covera ge obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle,
skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
This form must be completed legibly, with all information requested. Typewritten or computer -generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone: _____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms when present in a working capacity at the OCFEC.
Procedure: 0004
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own company uniform at all times when working on OCFEC property, including without limitation, the Pacific Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button-down shirt; if a jacket (or outerwear) is also required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre-approval of the company uniform style and logo. The company logo must be highly visible and non-offensive in nature and at the discretion of OCFEC management.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all times. (See OCFEC Contractor Photo Identification Procedure)
4. If any OCFEC Contractor is not in the approved attire, they may be asked to stop work until a reasonable solution can be found.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy, OCFEC management will ask the Contractor to permanently replace that employee.
6. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre, back stage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification.
Procedure: 0005
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC approved or supplied photo identification cards around their neck or in another highly visible area at all times while working for the OCFEC. (Note: an additional clip option is available due to work requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their photograph taken and to be provided with their OCFEC photo identification card and a break-away lanyard (and/or clip if requested by the contractor)
3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass, which must be pre-approved by the OCFEC department Director.
5. The Entertainment Director will gather names and develop a backstage pass list. The list will be evolving.
The full list, along with updates, will be shared with Pacific Amphitheatre back stage Security Manager for their information and use. All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. OCFEC Vice Presidents and the Chief Executive Officer may submit names for the assignment of a Pacific Amphitheatre backstage pass. Submission of names must be sent to the Entertainment Director for addition to the master list and for fulfillment.
7. OCFEC Department Directors may submit names for consideration for the assignment of a Pacific Amphitheatre backstage pass provided these people have a purpose for being there. Requests should be sent by Directors to their Vice President for approval and then onto to the Entertainment Director for fulfillment.
8. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if approached by Security/Law Enforcement for ID inspection.
9. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions. Once the Contractor completes the Contractor’s job functions in the Pacific Amphitheatre backstage area, Contractor must immediately leave the area.
10. Contractors not properly wearing approved OCFEC identification will be asked to put their identification on. If they do not have their identification and their contractor status can be verified, they will be assigned a temporary pass. If their contractor status cannot be verified, they will be asked to leave property and only return with their approved identification.
11. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contrac tors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the ca se may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Con tractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employ ees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for t he duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks. 190
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-100-23YR
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/01/2023 through 06/30/2024 FED ID: 95-6005030 Agreement is:
3. The maximum amount
of this Agreement is: $103,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide traffic management for year-round events at the OC Fair Page 2-3 Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Pages 4-5 Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 6-9 Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 10-13 Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 14-17 Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement) Pages 18 Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 19-21 Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 22-26 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
ATTACHMENT 2
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EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Love Hertel, Director
Phone Number (714) 708-1885
Costa Mesa Police Department
Ronald Lawrence, Chief of Police
Phone Number (714) 754-5117
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is c onducting prohibited transactions with sanctioned individuals or entities, that s hall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty ( 30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service during designated Year-Round Events at the OC Fair & Event Center.
2. To provide traffic management personnel for large-scale events, where there is a high volume of automobile and/or pedestrian traffic.
3. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
4. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
5. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
6. To submit invoice to District for services performed during year-round events no later than thirty (30) days after conclusion of event.
7. Invoicing shall include the event name for which services were rendered as well as employee names, shift start/end time, hours worked, employee’s hourly rate and post-event summary report of field operations, including a description of services performed.
8. Both Parties reserve the right to terminate this Agreement, at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, total amount not to exceed One Hundred Three Thousand Dollars and 00/100 ($103,000.00). Notwithstanding the foregoing, if Contractor’s compensation reaches $75,000 prior to the end of the term of this Agreement, District and Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written amendment to this Agreement to reflect such increased amount. If District and Contractor do not agree upon an increased 193
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compensation amount and Contractor’s compensation reaches $103,000, Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and upon receipt of proper invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-30
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 51493. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES:
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post- consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated:
It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred:
the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
(Revised effective January 1, 2023)
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Auth ority , District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Addition al Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non- profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefa ll Attractions (elevated jumps involving airbags); $5 ,00 0,0 00 per occurr ence for the foll owing types of Motorized Events: Automobile races, drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, endure, pro stock. $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock Events such as Bull Riding, 205
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Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.
If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobil e Li ability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
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sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
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2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance covera ge obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle,
skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
This form must be completed legibly, with all information requested. Typewritten or computer -generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone:_____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly a rising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms when present in a working capacity at the OCFEC.
Procedure: 0004
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own company uniform at all times when working on OCFEC property, including without limitation, the Pacific Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button-down shirt; if a jacket (or outerwear) is also required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre-approval of the company uniform style and logo. The company logo must be highly visible and non-offensive in nature and at the discretion of OCFEC management.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all times. (see OCFEC Contractor Photo Identification Procedure)
4. If any OCFEC Contractor is not in the approved attire, they may be asked to stop work until a reasonable solution can be found.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy, OCFEC management will ask the Contractor to permanently replace that employee.
6. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre, back stage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification.
Procedure: 0005
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC approved or supplied photo identification cards around their neck or in another highly visible area at all times while working for the OCFEC. (Note: an additional clip option is available due to work requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their photograph taken and to be provided with their OCFEC photo identification card and a break-away lanyard (and/or clip if requested by the contractor)
3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass, which must be pre-approved by the OCFEC department Director.
5. The Entertainment Director will gather names and develop a backstage pass list. The list will be evolving.
The full list, along with updates, will be shared with Pacific Amphitheatre back stage Security Manager for their information and use. All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. OCFEC Vice Presidents and the Chief Executive Officer may submit names for the assignment of a Pacific Amphitheatre backstage pass. Submission of names must be sent to the Entertainment Director for addition to the master list and for fulfillment.
7. OCFEC Department Directors may submit names for consideration for the assignment of a Pacific Amphitheatre backstage pass provided these people have a purpose for being there. Requests should be sent by Directors to their Vice President for approval and then onto to the Entertainment Director for fulfillment.
8. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if approached by Security/Law Enforcement for ID inspection.
9. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions. Once the Contractor completes the Contractor’s job functions in the Pacific Amphitheatre backstage area, Contractor must immediately leave the area.
10. Contractors not properly wearing approved OCFEC identification will be asked to put their identification on. If they do not have their identification and their contractor status can be verified, they will be assigned a temporary pass. If their contractor status cannot be verified, they will be asked to leave property and only return with their approved identification.
11. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking c redentials for the employees performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractu al relation between the District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractor s/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the ca se may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Con tractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employ ees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for t he duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks. 216
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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In accordance with Administrative Regulation 2.13, the following is a list of frequently requested hourly rates 3 Other City Positions
Straight
Time 1
Special
Event
Overtime
Rate 2 Fire/Police Positions
Straight
Time 1
Special
Event
Overtime
Rate 2
Animal Control Officer $49 $60 Battalion Chief $137 $196 Assistant Engineer $61 $75 Fire Captain $102 $146
Associate Engineer $77 $94 Fire Engineer $89 $127
Chief Plans Examiner $87 $107 Fire Fighter - Paramedic $85 $121 Code Enforcement Officer $48 $59 Fire Fighter $77 $110
Combination Building Inspector $67 $82 Police Lieutenant $131 $187 Communications Officer $54 $67 Police Sergeant (Motorcycle) $104 $148 Communications Supervisor $63 $77 Police Sergeant $100 $142 Community Services Specialist $41 $51 Sr Police Officer (Motorcycle) $89 $128 Construction Inspector $52 $64 Sr Police Officer $86 $123 Crime Prevention Specialist $48 $59 Police Officer (K9) $90 $128 Crime Scene Specialist $50 $61 Police Officer (Motorcycle) $85 $122 Equipment Mechanic II $43 $53 Police Officer $82 $117
Equipment Mechanic III $47 $58 Police Reserve Officer $91 $102 Facilities Maintenance Tech $42 $52 Police Recruit $72 $80 Lead Equipment Mechanic $53 $65 Police Support Svcs Reserve $39 $43 Lead Maintenance Worker $50 $61 Police Aide $36 $41
Maintenance Assistant $34 $42
Maintenance Services Manager $79 $97
Maintenance Supervisor $58 $72 Positions Straight OT
Maintenance Worker $38 $46 Assistant Fire Marshal $73 $89 Office Specialist I $33 $40 Assistant Fire Chief - Non Sworn/Fire Marshal $100 $124 Office Specialist II $35 $43 Fire Protection Specialist $58 $71 Plan Check Engineer $80 $98 Code Enforcement Officer $48 $59 Plan Checker $69 $85
Senior Maintenance Worker $41 $50 Other Positions
Park Ranger $45 $56 Police Records Technician $36 $44
Property/Evidence Specialist $46 $57 Sr Police Records Technician $39 $48 Note - Rates are based on most recent applicable Memorandum of Understanding. 1 Includes annual salary at top step, other compensation and benefits, divided by 2,080 hours/annually. 2 Includes straight time hourly rate plus 1/2 of the basic hourly rate divided by 2,080 hours. Other benefits are excluded from this portion of the calculations.
CITY OF COSTA MESA
RATE DETERMINATION
Effective July 1, 2023
Community Risk Reduction Team
3 These rates do not include equipment and apparatus charges. Equipment and apparatus rates to be utilized are based on CalOES established rates. The FY 2023-24 rates may be found at https://www.caloes.ca.gov/wp-content/uploads/Fire-Rescue/FINAL-2023-Rate-Letter.pdf.
ATTACHMENT 3
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Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1288 Meeting Date: 7/18/2023
TITLE:
AMENDMENT TO EXTEND TERM OF FALCK AMBULANCE SERVICES AGREEMENT DEPARTMENT: FIRE & RESCUE DEPARTMENT
PRESENTED BY: DANIEL A. STEFANO, FIRE CHIEF JASON PYLE, ASSISTANT
FIRE CHIEF
CONTACT INFORMATION: JASON PYLE, ASSISTANT FIRE CHIEF, (714) 754-5155 RECOMMENDATION:
Staff recommends approval of the attached Amendment Number One extending the term of the Ambulance Services Agreement with Falck Mobile Health Corp, (Previously known as Care Ambulance) for the continuation of emergency ambulance operator and support services until July 31, 2024, adjust the compensation as discussed herein, appropriate the increase of $550,00 in the Fire Department’s operating budget, and authorize the City Manager to execute the Amendment.
BACKGROUND:
Pursuant to California Health & Safety Code Section 1797.201, because the City of Costa Mesa has provided and/or contracted for emergency ambulance services continuously at least since June 1, 1980, the City has retained all rights, remedies, and privileges regarding the provision, administration, and operational control of all prehospital Emergency Medical Services (EMS) within its jurisdiction, including, but not limited to, emergency ambulance response and patient transport services.
In accordance with its Section 1797.201 powers, on December 20, 2017 the City initiated a competitive process by issuing a “Request for Proposals,” coordinated by the Fire & Rescue Department, in which qualified ambulance companies were reviewed, analyzed, and compared. The Fire & Rescue Department chose to use the competitive process format outlined in California Emergency Medical Services Authority Publication #141 due to its efficiency, rather than developing a new format.
On July 17, 2018, the City Council accepted the proposal submitted by Care Ambulance Service, Inc., (now DBA as Falck) and authorized the Fire Department to negotiate an agreement for the provision of emergency ambulance operator services and support services. The City and Falck Ambulance Services entered into an agreement effective on August 1, 2018, at 7:30 a.m., for a period of five (5) years. The Ambulance Services Agreement allows for extensions of the term of five (5), one (1) year annual extensions.
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File #: 23-1288 Meeting Date: 7/18/2023
ANALYSIS:
The term of the Agreement set forth in Section 4.1 is extended for one year through July 31, 2024.
The terms set forth in Section 2.1 Compensation, will reflect the one (1) year annual compensation of not to exceed $2,400,000. Annual Compensation Package for ambulance operator services of $2,301,906 (Attachments 3 - Compensation Package updated).
The terms set forth in Section 2.1 Compensation, Additional Expenses Surge Unit/ Ambulance EMT Crew (on as needed basis), will reflect the updated terms, as reflected in Attachment 4; $300 per hour measured in 15-minute intervals at $75 per 15 min. Billing to City for Surge Unit will begin when the requested Falck unit goes “en route” and should the assigned Falck unit be canceled within the first five (5) minutes of going “en route” then there will be no billing to the City.
All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
From the commencement of the current agreement until the present time, Falck Ambulance Service has met and fulfilled all contractual obligations and requirements. In fact, the Fire & Rescue Department has foundthat Falck Ambulance Service has helped foster a partnership that has been instrumental in maintaining Costa Mesa’shigh-quality EMS system. Based on its performance over the past five years, Falck Ambulance Service has maintained a well-managed organization staffed by dedicated personnel who care about their mission and the patients they serve.
Extending the agreement to July 31, 2024, will allow for emergency ambulance staffing to continue.
Section 4.2 of the agreement allows the City to terminate the agreement at any time with written notice to Falck Ambulance Service if it is later determined that services will not be needed for the entire time period of the extension.
ALTERNATIVES:
Falck Ambulance Service has satisfied, and in some cases, exceeded, the obligations, requirements, and expectations of the original Agreement, no other alternatives were considered.
FISCAL REVIEW:
The Falck Ambulance Service contract is increasing by $550,000, for an annual not to exceed contract amount of $2.4 million. Due to an increase of ambulance fees approved by the County of Orange, the City’sGeneral Fund ambulance revenues have increased by approximately 20% in the last quarter of the fiscal year. This revenue is expected to continue to increase in FY 2023/24, and will offset the additional contract amount of $550,000 for a net neutral impact to the General Fund.
LEGAL REVIEW:
The City Attorney’s Office reviewed this report and Amendment Number One and approves them as to form.
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File #: 23-1288 Meeting Date: 7/18/2023
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends that City Council:
Staff recommends approval of the attached Amendment Number One extending the term of the Ambulance Services Agreement with Falck Mobile Health Corp, (Previously known as Care Ambulance) for the continuation of emergency ambulance operator and support services until July 31, 2024, adjust the compensation as discussed herein, appropriate the increase of $550,00 in the Fire and Rescue Department’soperating budget, and authorize the City Manager to execute the Amendment.
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Falck Mobile Health Crop. PSA Amendment No. One
1 ATTACHMENT 1
AMENDMENT NUMBER ONE
TO PROFESSIONAL SERVICES AGREEMENT WITH
FALCK MOBILE HEALTH CORP (dba CARE AMBULANCE SERVICE)
This Amendment Number One (“Amendment”) is made and entered into this 18th day of July 2023 (“Effective Date”) by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and FALCK MOBILE HEALTH CORP , a California corporation, previously known as CARE AMBULANCE SERVICE, INC. (“Consultant”).
WHEREAS, City and Consultant entered into an agreement on August 1, 2018 for Consultant to provide Ambulance Operator Services (the “Agreement”); and
WHEREAS, Section 4.1 of the Agreement provides for a term of five (5) years, with the option to extend the Agreement for five (5) additional one (1) year periods; and
WHEREAS, City and Consultant desire to extend the term for one (1) year, through July 31, 2024; and
WHEREAS, City and Consultant desire to amend the Scope of Services to include the additional services set forth in Exhibit “A,” attached hereto and incorporated herein by this reference; and
WHEREAS, City desires to increase Consultant’s maximum compensa tion accordingly to $2,400,000.00.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The Term of the Agreement set forth in Section 4.1 shall be extended for one year through July 31, 2024.
2. The terms set forth in Section 2.1 Compensation, will reflect the one (1) year annual compensation of not to exceed $2,400,00.00. Annual Compensation Package for ambulance operator services of $2,301,906.00 , as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
3. The terms set forth in Section 2.1 Compensation, Additional Expenses Surge Unit/ Ambulance EMT Crew (on as needed basis), will reflect the updated terms as set forth in Exhibit B, attached heret o and incorporated herein by this reference.
i. $300.00 per hour measured in 15 -minute intervals at $75.00 per 15min.
ii. Billing to City for Surge Unit will begin when the requested Falck unit goes “enroute”.
iii. Should the assigned Falck unit be canceled within th e first five (5) minutes of going “enroute” then there will be no billing to the City. 222
Falck Mobile Health Crop. PSA Amendment No. One
2 4. All other terms, conditions and provisions of the Agreement shall remain in full force and effect.
5. This Amendment 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.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to b e executed by and through their respective authorized officers, as of the date first written above.
FALCK MOBILE HEALTH CORP
________________________________ Date: __________________________ Signature
________________________________
Name and Title
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
CITY OF COSTA MESA
__________________________________ Date:
__________________________
Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
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3 __________________________________ Date:
__________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date:
__________________________
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
________________________________ Date: __________________________ Jason Pyle, Assistant Fire Chief
Project Manager
DEPARTMENTAL APPROVAL:
________________________________ Date: __________________________
Daniel A. Stefano
Fire Chief
APPROVED AS TO PURCHASING:
________________________________ Date: __________________________ Carol Molina
Finance Director
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CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
CARE AMBULANCE SERVICE, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of August, 2018 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and CARE AMBULANCE SERVICE, INC., a California corporation (“Contractor”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide ambulance operator services, as more fully described herein; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit “A” 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 sections 1090-1092 of the California Government Code, 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 CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Work, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein by this reference. Contractor shall provide the services set forth herein in accordance with this Agreement, the requirements set forth in Exhibit A and all exhibits attached hereto, and all applicable local, state, and federal laws, rules, regulations, policies and procedures, including but not limited to the Costa Mesa Fire Department’s Standard Operating Procedures.
(a) Contractor’s Personnel.
(i) Selection. All personnel providing services to the City pursuant to this Agreement shall be certified ambulance drivers. In selecting personnel to provide services to the City pursuant to this Agreement, Contractor shall first establish a list of qualified candidates. Once Contractor establishes a list of qualified candidates, City and Contractor shall work together to make the final selection of personnel that will provide services to the City , which may include, but is not limited to, resume review, interviews, ATTACHMENT 2
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and meetings with station captains.
(ii) Personnel Issues . The Battalion Chief and Contractor’s representative shall work together to resolve any issues involving Contractor’s personnel.
(iii) Automobile Accidents. If Contractor’s personnel are involved in an automobile accident while providing services hereunder, Contractor and City shall conduct separate investigations in accordance with their respective internal policies and proce dures. City and Contractor shall combine the results of their investigations into a final report regarding such accident.
1.2. Professional Practices . All professional services to be provided by Contractor 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 Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor 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 Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor 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. Contractor 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 Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, mar ital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.
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1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other Contractors 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.
1.7. 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. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein by this reference . Contractor’s annual compensation shall not exceed One Million Eight Hu ndred Fifty Thousand Dollars ($1,850,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Scope of Work or Contractor’s Proposal unless the City or the Project Manager for this Agreement , prior to Contractor 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 . Contractor may submit invoices to the City 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 Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, 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 Contractor’s services relating to this Agreement 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 from the Effective Date until three (3) years after termination of this Agreement. 227
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3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence 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 f or 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 Da te and continue for a period of five (5) years, ending on July 31, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by five (5) additional one (1) year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. Either party may terminate this Agreement at any time, with or without cause, at any time, by providing thirty (30) days’ written notice to the other party. The termination of this Agreement shall be deemed effective thirty (30) days from receipt of the notice of termination.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Com pensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
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(a) Commercial general liability insurance, with a policy limit of not less than Ten Million Dollars ($10,000,000.00) per occurrence a nd aggregate. The general liability policy shall protect against losses , including bodily injury, death and property damage, arising in connection with the performance of this Agreement.
(b) Comprehensive business automobile liability insurance covering owned , non-owned, and hired vehicles, with a policy limit of not less than Five Million Dollars ($5,000,000.00), combined single limits, per occurrence, for bodily injury and property damage. Such insurance shall include coverage for City-owned and Contractor -owned vehicles operated by Contractor’s personnel in connection with this Agreement.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional liability insurance , which shall include ambulance medical malpractice coverage, with a policy limit of not less than Ten Million Dollars ($10,000,000.00) per occurrence. For any policy written on a “claims made” basis, Contractor shall maintain said policy in full force and effect during the term of this Agreement and for a period of at least three (3) years from the termination of this Agreement. In the event of termination, cancellation, or material change of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Cont ractor during the course of performing services pursuant to this Agreement. Such coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining a separate extended “tail” coverage with the present or new insurance carrier . Contractor shall provide evidence of such coverage to the City.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
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(c) Other insurance: “ The Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self -Insured Retention . 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 ins ured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor 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. The certificates of insurance shall be attached hereto as Exhibit “D” and incorporated herein by this reference.
5.5. 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 Contractor 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 negotia tions. This Agreement may be modified only in wr iting, 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 C ity Manager or his or her 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.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, ex cept as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
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Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor 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 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, and (b) 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 CONTRACTOR: IF TO CITY:
Care Ambulance Service, Inc.
1517 W. Braden Court
Orange, CA 92868
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 288-3800 Tel: (714) 754-5603
Attn: Troy Hagen Attn: Jason Pyle
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Contractor shall provide a drug -free workplace by complying with all provisions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “E” and incorporated herein by reference. Contractor’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 c ompetent jurisdiction located in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’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 Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
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6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or m isconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole 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 Contractor and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contra ctor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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, Contractor and any of its employees, agents, and subcontractors 232
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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. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.13. 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 Contractor or any of its subcontractors in the course of performance of this Agreement, shal l be and remain the sole property of City. Contractor 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 contempl ated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, includi ng 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 Contractor. Contractor shall deliver to City any findings, reports, documen ts, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Discl osure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior wr itten approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, 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 233
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Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor 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.
6.17. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the ter ms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, 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 document referenced.
6.19. 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.
6.20. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor 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.
6.21. 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.
6.22. 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.
6.23. Amendments. Only a writing executed by the parties heret o or their respective successors and assigns may amend this Agreement.
6.24. 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.
6.25. Severability. If any p rovision 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, 234
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which determination made by the presiding court or arbitrator of compet ent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. 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.
6.27. 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.
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________ __________________________________ [Name and Title] Social Security or Taxpayer ID Number
CITY OF COSTA MESA
__________________________________ Date: __________________________ Thomas Hatch
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: ________________________ Thomas Duarte
City Attorney
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APPROVED AS TO INSURANCE:
__________________________________ Date: ________________________ Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
__________________________________ Date: ________________________ Jason Pyle
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: ________________________ Daniel Stefano
Fire Chief
APPROVED AS TO PURCHASING:
__________________________________ Date: ________________________ Colleen O’Donoghue
Assistant Finance Director
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EXHIBIT A
SCOPE OF WORK
237
Exhibit A - 1
SCOPE OF WORK FOR
AMBULANCE OPERATOR SERVICES
A. Introduction to Scope of Work
1. Authority
The core function of local government is to provide for the essential needs of the community it serves, which includes firefighting/rescue and ambulance/Emergency Medical Services (EMS) that are critical to the protection and preservation of life, health, and property (California Government Code, Title 5, Division 2, Part 1, Section 54980). This Request for Proposals (RFP) was authorized by the Fire Chief of the City of Costa Mesa Fire & Rescue Department (CMF&R) pursuant to the City of Costa Mesa’s Section 54980 powers, and also according to the City’s sovereign and absolute authority ov er the provision, administration, and operational control of all prehospital EMS within its jurisdiction including, but not limited to, emergency ambulance response and patient transport services at both the Basic Life Support and Advanced Life Support levels, pursuant to Section 1797.201 of the California Health & Safety Code (Division 2.5, Chapter 4, Article 1).
2. History
CMF&R has a rich history of protecting the citizens of Costa Mesa that formally began in 1956 when it became an official Fire Department staffed by professional firefighters. Along with all the other myriad critical functions performed by CMF&R, in 1975 the Paramedic Program w as implemented along with the deployment of the City’s first R escue Ambulance staffed by Firefighter- Paramedics. Since that time, CMF&R has continuously adapted to changing community and operational needs by utilizing public- private partnerships with various ambulance companies, while at all times maintaining complete administrative and operational control over those companies regarding the ambulances operating within the City’s jurisdiction and/or as part of the City’s EMS System according to its authority and duty under sections 54980 and 1797.201.
3. Mission
One of the many critical functions of CMF&R is the provision of prehospital EMS.
The primary mission of CMF&R EMS is to optimize patient outcome by providing superior quality prehospital care in a proficient and compassionate manner. In furtherance of this goal, it is imperative that all aspects of the Costa Mesa EMS system and the patient “continuum of care” function as effectively and as efficiently as possible. The transportation of patients with medical emergencies from the incident scene to the appropriate emergency receiving center is one of the most important aspects of the EMS system and continuum of care. Therefore, all requirements and conditions listed in this document are written with the specific intent to ensure the most optimal emergency ambulance transportation system possible based on the following parameters:
238
Exhibit A - 2
a. Patient Care - Superior patient care provided proficiently and compassionately by Paramedics and EMTs who conduct themselves with integrity and humility.
b. Resource Utilization - Deployment of resources in a manner that is operationally efficient and maximally effective in achieving the best patient outcomes practical.
c. System Adaptability - Maximum flexibility for ongoing adaptation to the rapid changes in EMS/prehospital care specifically, and community health and safety generally.
d. Fiscal Prudence - Fair and reasonable cost recovery plan with a compassionate bi lling and collection policy that achieves an enhanced level of service and more efficient deployment model without increasing costs to the local taxpayer.
4. Philosophy
This RFP is an official and legal document written by CMF&R in our solemn role as advocates for, and protectors of, the citizens of Costa Mesa. It is important to know that, notwithstanding the strict standards and requirements enumerated, it is our sincere desire and intent to work with the prevailing organization in the spirit of friendship, cooperation, and mutual respect, and with sensitivity to its needs, interests, and concerns, as we strive together to provide the highest quality prehospital care possible.
5. Consultant
The City has contracted with A.P. Triton, LLC, as the primary and sole consultant to f acilitate the administration of this RFP process due to their experience and expertise in the EMS industry with ambulance transportation and billing issues, RFP processes, and prehospital care generally as a vital component of our nation’s healthcare system.
6. Scope of Work Overview
The City is soliciting proposals from qualified organizations to contract for the provision of ambulance operator staffing services, and ambulance transportation related services, for the Costa Mesa Fire & Rescue Department in furtherance of its EMS mission. All ambulance services described in this RFP document and Scope of Work refer only to ground ambulance services. CMF&R desires to staff three (3) 24-hour units with dedicated EMTs provided by Contractor. The City intends to bill and collect for all services provided by Contractor. The City shall provide city-owned ambulances for Contractor’s EMTs to operate. The Scope of Work to be provided by Contractor may be categorized into four (4) service tiers:
a. First Tier Service: Ambulance Operators
b. Second Tier Service: Reserve Ambulances
239
Exhibit A - 3
c. Third Tier Service: Surge Plan
d. Fourth Tier Service: Mutual Aid
B. Terminology – The terminology and definitions listed below are for use in this Scope of Work section exclusively and, therefore, may have different meanings than used or defined elsewhere.
ALS – Advanced Life Support. Paramedics are authorized to provide this higher level of care.
BLS – Basic Life Support. Both EMTs and Paramedics can provide this level of care.
CITY – The municipal government agency that humbly serves the citizens of Costa Mesa.
CMCC – Costa Mesa Communications Center. Dispatches Fire & Police for the City.
CMF&R – Costa Mesa Fire & Rescue Department.
CONTRACTOR – The organization that is selected and awarded a contract to provide the services (Scope of Work) described in this RFP document. Used interchangeably and synonymously with “Proposer” depending on the context.
EMS – Emergency Medical Services. Usually refers to the prehospital environment.
EMT – Emergency Medical Technician. State-certified to provide BLS level care.
AO – Ambulance Operator. An EMT employed by Contractor who is assigned to a CMF&R Rescue Ambulance.
MICP – Mobile Intensive Care Paramedic. State licensed to provide BLS and ALS level care.
OCEMS – Orange County Emergency Medical Services Agency.
PROPOSER – An organization that submits a proposal and competes in the RFP process. Used interchangeably and synonymously with “Contractor” depending on the context.
RESCUE AMBULANCE – An apparatus owned by the City and controlled by CMF&R that is capable of transporting patients with medical emergencies. Some Rescue Ambulances may be sta ffed by CM F&R Firefighter Paramedics, and some may be staffed by Contractor’s EMTs (kno wn as A Os: Ambulance Operators), based on the Department’s operational needs.
240
Exhibit A - 4
RFP – The “City of Costa Mesa Request for Proposal for Ambulance Operator Services” (i.e., this document).
PROPOSAL – The official response to this RFP by an organization that is competing in the RFP process that usually refers to a Proposer’s formal written responses, but may also refer more broadly to all statements, materials, and actions by a Proposer as part of the official RFP process (e.g., Oral Presentation statements, compliance with RFP process procedural requirements, etc.)
C. General Requirements
1. Performance Expectations – Contractor shall perform all contractual services in accordance with both the letter and spirit of all requirements, conditions, specifications, expectations, and other parameters delineated in the contract, to the complete satisfaction of CMF&R. All statements made and actions taken by Contractor in the execution of contractual obligations shall be done in a prudent, professional, and courteous manner that supports and/or advances CMF&R’s EMS mission of optimizing patient outcome by providing superior quality patient care with proficiency and compassion. Most important, Contractor decision making and conduct shall always be guided by and reflect only t he hi ghest ethical standards, comport with the principles of f airness and equal justice, and demonstrate respect and dignity for all human beings.
2. Contract Performance Costs – Unless otherwise indicated, all expenses necessary to meet RFP/contract requirements and/or perform contractual services and obligations will be paid solely by Contractor.
3. Contract Performance Standards – During the contract period, Contractor will be responsible for ensuring that all facilities, properties, vehicles, materiel, and documents/records used or available for use in the performance of contractual services and/or in the execution of contractual obligations are in good condition, fully functional, and maintained in a clean, orderly, and organized manner.
4. Inter-Agency Communications – Contractor shall designate one person as its official liaison to CMF&R who will serve as the primary contact and interface, and whose office shall be in Orange County, as close to Costa Mesa as practical. In order to foster teamwork and efficiency, it is imperative that there be an outstanding working r elationship and excellent commun ications b etween agencies and agency liaisons.
5. Field Supervisor – Contractor shall ensure that, during each 24-hour shift, there is a designated Field Supervisor, stationed within Costa Mesa or at another location within O range County as close to Costa Mesa as practical, who is immediately available by mobile phone and/or 800 MHz radio to the on-duty Battalion Chief or designee at all times during the shift. The Field Supervisor shall be able to respond to any incident within 20 minutes of being requested by CMF&R. All Field Supervisors must be qualified and capable of implementing and operating within the Incident Command System including the county MCI plan as well as all other OCEMS protocols.
241
Exhibit A - 5
6. Legal Compliance – Contractor shall ensure that ambulance personnel have sufficient understanding of, and are at all times in compliance with, all applicable EMS-related laws (federal, state, local), including, but not limited to:
1) California Health & Safety Cod e, Division 2.5; 2) California Code of Regulations, Title 22, Division 9, Chapter 2; and 3) California Vehicle Code.
7. Protocols Compliance – Contractor shall ensure that ambulance personnel comply with all OCEMS and CM F&R protocols (i.e., official rules, policies, procedures, standing ord ers, guidelines, etc.), as well as Contractor’s internal protocols. Contractor, including any ind ividual ambulance operator, shall immediately bring to the attention of CMF&R any protocol that appears to conflict with other protocols in order to reconcile the inconsistency, contradiction, and/or ambiguity.
8. Time Standards – The Agreement issued as a result of this RFP will include a one hund red percent (100%) compliance to the response time standards specified to all areas of the City and its operational areas.
9. Equality of Care – Contractor shall provide all services in the Scope of Work without re gard to the p atient's national ori gin, ethnicity, color, religion, s exual orientation, gender, age, insurance status, or ability/inability to pay. Any violation of this policy will be deemed a major breach and grounds for immediate contract termination.
10. CQI Plan – Contractor shall develop and maintain a comprehensive and relevant Continuous Quality Improvement plan and system that compliments and interfaces with CMF&R’s CQI plan / quality management system
11. Continuing Education – Contractor shall ensure that relevant and frequent education and training courses are offered to assist field personnel in maintaining certification/licensure as defined in California Code of Regulations Title 22, Chapters 2, 4 and 11 and, to the extent possible, shall be built upon observation and findings derived from the Quality Assu rance / Continuous Qu ality Improvement.
12. Pilot Programs / Research Projects – Contractor shall participate in all OCEMS- approved pilot programs or research projects as requested by CMF&R. Contractor agrees that their participation shall entail no additional cost to the City. Contractor further agrees that services provided under pilot programs or research projects shall be in addition to the other services described herein.
13. Comprehensive & Responsive Proposal – Proposals should fully demonstrate and explain how the Proposer would me et all the requirements and expectations specified in the R FP do cument, including t he Scope of Work and all other attachments and addendums. Although many items in this RFP document will have express language such as “proposals shall include…,” Proposers should not infer that just because such similar language is absent regarding other items that they can omit explanations of how they would s atisfy the letter or intent of those items.
14. Incorporation by Reference – The Proposal submitted in response to this RFP will be retained and will be incorporated and referenced, and made a part of the 242
Exhibit A - 6
final Agreement, except that in the case of any conflicting provisions, the provisions contained in the final Agreement shall prevail.
15. Consultant Fees – Reimbursement for the Consultant utilized by CMF&R for the development and implementation for this RFP process shall not exceed $100,000.
D. First Tier Services: AMBULANCE OPERATORS
1. General – Contractor shall provide staffing for three (3) CMF&R Rescue Ambulance units for each 24-hour shift, 365 days per year, for a total of 26,280 yearly unit hours. Contractor shall ensure that all three Rescue Ambulances are at all times staffed by two (2) Emergency Medical Technicians (EMTs).
a. The Proposal shall describe the staffing model(s) that will be used to meet the minimum number of unit hours required. The Proposal shall include staffing models of 24-, 12-, and 8-hour shifts, and any additional innovative approaches that would meet the minimum number of unit hours required. Proposer shall provide a breakdown of salaries and benefits for each model to ensure compliance with state and federal labor laws.
2. AO Eligibility & Selection Criteria – The Proposal shall describe the specific criteria that will be used to determine which EMTs are qualified to become a AO, and also the specific process by which qualified EMTs would be selected for assignment to a CMF&R Rescue Ambulance.
a. Staffing Principles – Contractor shall take all necessary steps, and make all reasonable efforts, to ensure that the EMTs on its AO eligibility list are well qu alified, sufficiently experienced, proven reliable and responsible, and who possess the interpersonal characteristics and skills necessary for them to function effectively as part of the CMF&R team.
3. Credentials Tracking & Renewal – The Proposal shall describe the system that will be us ed to monitor expiration dates of required credentials for all AOs to prevent lapses in certification, and to facilitate the renewal process. Contractor shall be responsible for ensuring that all AO credentials—including, but not limited to, state EMT certification and OCEMS accreditation—are renewed in a timely manner. AOs with expired/lapsed credentials will be deemed a major breach and grounds for immediate contract termination.
4. Cognitive & Psychomotor Proficiency – The Proposal shall describe the education and training system that will be used to ensure that all EMTs employed by Contractor—AOs and otherwise—maintain proficiency in all relevant BLS- level clinical skills and knowledge, including all applicable OCEMS protocols.
5. General Employment Policies
a. Employee Wellness & Personnel Assistance Resources – The Proposal shall d escribe in detail the Proposer’s Employee Wellness & Personnel Assistance programs and/or resources.
243
Exhibit A - 7
b. Criminal Background Check – Contractor shall comply with state EMS Authority and OCEMS criminal history check requirements for all of its employees who work in Orange County as EMTs. Contractor shall contact all references given on applications, including but not limited to, any former EMS employers.
c. Physical Fitness Testing & Training – The Proposal shall describe any physical fitness testing or training used as part of the initial hiring process and/or ongoing health maintenance.
d. Medical Examination / Health Screening – The Proposal shall describe the specific process used for pre-employment and/or ongoing screening.
e. OCEMS Protocols – The Proposal shall describe the process used to ensure that all ambulance personnel—AOs and otherwise—are sufficiently knowledgeable and proficient in all relevant OCEMS protocols.
f. Driver History – Contractor shall require all ambulance driver candidates in its employ to submit a current California Department of Motor Vehicles Driving Record Report as requested by CMF&R. Contractor shall utilize the California Department of Motor Vehicles Pull Notice Program for all ambulance personnel in its employ.
g. Driver Training Program – Contractor shall require all ambulance personnel in its employ to successfully complete an approved emergency ambulance driver- training pr ogram to ensure that ambulances are operated in a legal and safe manner. The driver-training program should be designed to verify driving pro ficiency upon hire and at reasonably spaced periodic intervals. The driver prog ram shall meet or exceed industry standards. Contractor shall ensure that its vehicles are at all times operated in a safe manner.
h. Vehicle & Equipment Familiarity – Contractor shall ensure that all EMTs who staff any ambulance are thoroughly familiar with all aspects of vehicle operation, and the location and use of all on-board equipment and supplies.
This includes all aspects regarding the use of the MED-10 radio.
i. Recruitment & Retention – It is very important that Contractor attracts the highest qu ality EMTs in the industry as possible. The Proposal must describe Proposer’s compensation and benefits plans and provide at least a general indication as to how the plans compare to the other similar organizations in the county in terms of attracting and retaining EMTs. The Proposal must also describe Proposer’s recruitment strategy.
6. Uniforms & Personal Protective Equipment
a. Uniforms – AOs shall wear uniforms that are selected by CMF&R for the exclusive use by AOs when functioning as an on-duty AO on a CMF&R Rescue Ambulance. AO uniform requirements may be changed 244
Exhibit A - 8
at any time during the duration of the contract at the sole discretion of the Fire Chief.
b. Personal Protective Equipment (PPE) – Contractor shall ensure that AOs have the appropriate PPE that meets national safety s tandards for EMS personnel, to include helmet, reflective vest, brush jacket, leather gloves, eye protection, and ear/hearing protection.
c. Portable 800 MHz Radios – Contractor shall be responsible for, and bear all costs regarding, the provision of portable OCEMS-system compatible 800 MHz radios for each on-duty AO to enable AOs to communicate with CMF&R personnel for s afety and operational reasons. Due to the importance of safety and good team communications, portable 800 MHz radios will be deemed part of the uniform for on–duty AOs.
d. Costs – Contractor or their employees shall bear all uniform and PPE related costs except where specified otherwise, including cleaning, maintenance, repair, and r eplacement. Before commencement of the contract period, CMF&R and Contr actor will mutually agree on the specific brand/model/type of PPE to be used.
7. AO Appearance & Behavior
a. CMF&R Policies/Procedures – Contractor shall ensure that AOs adhere to all relevant CMF&R policies/procedures regarding appearance and behavior. CM F&R will provide Co ntractor copies of all relevant CMF&R policies/procedures before commencement of the contract period to give Contr actor adequate ti me for the s election, assignment, and preparation of AOs.
b. General Appearance – Contractor shall ensure that AOs at all times look and act in a professional manner to instill confidence in the citizens we serve, and to preserve the reputation of CMF&R, the City of Costa Mesa, and the Fire Service/EMS profession generally.
c. Grooming & Hygiene – AOs shall be clean and well groomed at all times while on -duty or otherwise representing CMF&R, and exercise good personal hygiene habits in accordance with CMF&R policies, procedures, and standards.
d. Mental Alertness – AOs shall report for duty well rested, alert, and not under the influence of any substance, legal or illegal, that may impair their judgment and/or performance.
e. Physical Fitness – AOs shall keep themselves at a level of physical fitness sufficient to ensure they are capable of performing all the physical functions expected of an EMT and Ambulance Operator.
f. Conduct – AOs shall al ways act in a safe, pr ofessional, and courteous manner.
245
Exhibit A - 9
g. Advocacy – AOs are deemed part of the Costa Mesa EMS system, and are therefore expected to always act in the best interests of the Costa Mesa EMS system and the patients who depend on us.
8. Facilities
a. Ambulance Station / Crew Quarters – The Proposal shall describe in detail the facilities that will be use to comply with the terms of the contract and the delivery of the services.
b. Security – The Proposal shall describe the security plan/measures that will be used to adequately protect the personnel, equipment, supplies, and Rescue Ambulances while in quarters.
c. Inspections – The on-duty Battalion Chief or designee will have the authority, but not the obligation, to inspect all facilities, properties, vehicles, and documents/records used or available for use in the p erformance of contractual s ervices and/or in the execution of contractual obligations. Contractor refusal to permit such an inspection will be d eemed a major bre ach and grounds for i mmediate contract termination.
9. Operations
a. Dispatch – Contractor shall be solely responsible for obtaining, installing, and maintaining a ring-down telephone system as needed that directly links CMCC to all AO crews, and will be solely responsible for all installation, maintenance, r epair, and oth er related costs necessary to ensure that the line remains operational at all times.
b. Incident Command & Patient Authority – Responsibility for patient care and authority to make assessment, treatment, and/or transport decisions vests with CMF&R personnel (Paramedics particularly, if on scene). AOs will work under the direction of the CMF&R Captain/Incident Commander and/or the Paramedics in charge of the patient and/or incident. AO actions should be in support of, and consistent with, CMF&R efforts, and AOs should respond to the directions of CMF&R personnel in a positive and affirmative manner.
10. Time Standards – The following ground ambulance time standards must be met at a compliance rate of at least 90% (fractile) by AO crews. Monetary penalties will be applied for non-compliance with time standards.
ALARM to ENROUTE INTERVAL, 07:00 - 20:00
≤ 1 minute
ALARM to ENROUTE INTERVAL, 20:00 - 07:00
≤ 2 minutes
ENROUTE to ON SCENE INTERVAL, CODE-3
≤ 10 minutes
ENROUTE to ON SCENE INTERVAL, CODE-2
≤ 15 minutes
246
Exhibit A - 10
E. Second Tier Services: RESERVE AMBULANCES
1. Reserve Ambulances – There will be times when CMF&R Rescue Ambulances staffed by AOs must be taken out of service for mechanical problems, routine maintenance, op erational needs, or other various reasons. During these situations, Contractor must be able to immediately provide a fully operational emergency ambulance for any single or all AO crews until their C ity-owned Rescue Ambulance is put back into service.
a. The Proposal shall describe the capacity and plan for providing reserve ambulances in these situations.
2. Vehicle Specifications – The Proposal shall describe the specific vehicles that will be used as reserve ambulances for CMF&R
3. Minimum Required Equipment / Supplies / Inventory
a. On-Board 800 MHz Radio - Each reserve ambulance shall be equipped with an on-board 800 MHz radio.
b. Automatic Vehicle Locator (AVL) System – Each reserve ambulance shall be equipped with AVL hardware and software / GPS system that interfaces with CMCC / CMF&R.
c. Headset Communication System – Each reserve ambulance shall have a headset communication system that provides hearing protection during Code-3 transports and allows for communication between the ambulance driver (1 headset), and at least two CMF&R EMTs or Paramedics in the patient compartment (2 headsets).
d. Medical Equipment & Supplies Inventory – Contractor shall ensure that the medi cal equipment and supplies inventory of all reserve ambulances complies with OCEMS protocols.
e. Standardized Inventory – The Proposal shall describe the plan/system to ensure stand ardization of EMS equipment and supplies of rescue ambulances with the EMS equipment and supplies used by CMF&R.
f. Ambulance Supplies Restock System – Contractor shall be responsible for, and p ay all costs in furtherance of, ensuring that all reserve ambulances are at all times equipped and supplied with the minimum required inventory. The Proposal shall describe the supply/restock system generally and explain how reserve ambulances will be restocked specifically.
4. Maintenance & Repair– Contractor shall be responsible and bear all costs for all routine preventive maintenance and repairs of reserve ambulances. Contractor shall adhere to its maintenance and maintenance records plan during the contract period. Disruption in s ervice due to Contractor’s non-compliance with the maintenance plan will be considered a major breach and grounds for immediate contract termination.
247
Exhibit A - 11
a. The Proposal shall describe the maintenance plan, vehicle service records system, and me chanism for allowing CMF&R to inspect vehicle service records.
5. Vehicle Replacement
a. General Replacement Policy - Whenever a reserve ambulance must be taken out of service for any re ason (including mechanical failure and scheduled preventive maintenance) and for any length of time (temporarily or permanently), Contractor shall ensure that a replacement ambulance is immediately provided that meets the same requirements/specifications.
b. The Proposal shall describe the replacement ambulance plan, including the d esignations (unit number) and specifications and mileage of the planned replacement ambulances.
F. Third Tier Services: SURGE PLAN
1. Surge Capacity Defined – For purposes of this RFP and subsequent Agreement with the prevailing Proposer, Surge Capacity is defined as the maximum delivery of emergency ambulance response and transportation services that the City of Costa Mesa EMS System is capable of providing when all of its available and potential resources are mobilized. Both CMF&R and Contractor must have plans in place to handle routine foreseeable surge situations (e.g., during periods of heavy call volume, including isolated Multiple Casualty Incidents), as well as larger scale sudden disaster situations or major Multiple Casualty Incidents affecting multiple EMS jurisdictions at the county or state levels.
2. Surge Plan – The Proposal shall describe the Surge Plan in all details, including additional costs, if any, and how those costs would be calculated.
3. Vehicle Specifications – Contractor may use any ambulance in its fleet for surge purposes so long as it meets or exceeds the requirements of the California Highway Patrol, the California Department of Motor Vehicles, the United States Department of T ransportation, and the Orange County EMS Agency.
Ambulances used for surge purposes do not necessarily have to be Type III Dual Rear Wheel vehicles (i.e., they may be Type I, II, or III).
4. Minimum Required Equipment / Supplies / Inventory
a. On-Board 800 MHz Radio – Surge ambulances shall be equipped with an on- board 800 MHz radio
.
b. Medical Equipment & Supplies Inventory – Contractor shall ensure that the medi cal equipment and supplies inventory of all surge ambulances complies with OCEMS protocols.
c. Ambulance Supplies Restock System – Contractor shall be responsible for, and pay all costs in furtherance of, ensuring that all surge ambulances are at all times equipped and supplied with the minimum required inventory. 248
Exhibit A - 12
i. The proposal shall describe Proposer’s supply/restock system and explain its plan for restocking surge ambulances.
ii. Since CMF&R desires to have as standardized an inventory as possible between agencies, Proposer has the option of describing in the proposal any recommendation it may h ave to utilize CMF&R’s main supplier (Bound Tree), and/or create a mechanism to restock from CMF&R’s EMS C entral Supply and reimburse CMF&R accordingly, and/or any other r easonable and creative idea. Such recommendations will be considered by CMF&R, but not necessarily implemented.
5. Special Events – CMF&R will sometimes utilize its AO-staffed Rescue Ambulances for non -emergency p urposes that will normally be scheduled in advance on the CMF&R M aster Calendar (e.g., sports, community education, training, etc.). During these special events, Contractor shall provide a backup ambulance and crew for the duration of the event, to cover for the Rescue Ambulance involved and allow them to participate without interruption, provided CMF&R gives Contractor suf ficient advance notice. Rescue Ambulan ce crews participating in these events will be considered “in color,” whi ch is a state of conditional availability that means they should not be dispatched to respond to an incident unless requested by the on-duty Battalion Chief.
6. Exclusivity Exception – Contractor will be the exclusive provid er of all surge/backupemergency ambulance services for CMF&R except in exigent and extenuating circumstances when, in the sole discretion of CMF&R personnel, it is in the patient’s best interest to be transported by alternative means, which may include another ambulance company.
7. Data Collection & Reporting – Contractor shall track all relevant data from all surg e/backup ambulance responses in itiated by CMCC/CMF&R.
Contractor sh all prepare and submit a report (electronic/e-mail preferred) to CMF&R on a q uarterly basis. Before commencement of the contract period, CMF&R and Contractor will meet to discuss and agree on the reporting format and the specific information to be included. Each quarterly report shall include, but not necessarily be limited to, the following:
a. Individual Incident Data (for each incident in a given 3-month period) – Date, CM F&R Incident Number, Ambulance Unit Number (indicate if another ambulance company w as used), 911 Call Time, Alarm Time, Enroute Time, On Scene Time, At Patient Time, Scene Departure Time, At Hospital Time, Transfer of Care Time, Available Time, Alarm to Enroute Interval Time, Enroute to On Scene Interval Time.
b. Quarterly Incident Totals Data (includes all incidents during a given 3- month period) – Dispatches, Responses Upgraded to Code 3, Responses Cancelled En route, Ambulance Crew First At Patient (prior to CMF&R arrival), Dry Runs ( arrived on scene but no transport), Resident B LS Transports, Resident ALS Transports, Non-Resident BLS Transports, Non- Resident ALS Transports, Responses Meeting Alarm to Enroute Interval Time Standard, Responses E xceeding A larm to Enroute Interval Time 249
Exhibit A - 13
Standard, Responses Meeting Enroute to On Scene Interval Time Standard, Responses Exceeding En route to On Scene Interval Time Standard.
G. Fourth Tier Services: MUTUAL AID
1. Mutual Aid Plan – Contractor shall enter into an Agreement with a separate org anization that is licensed, qualified, and capable of providing emergency ambulance response and transportation services for situations when there are no CMF&R or Contr actor ambulances available. The Agreement between Contractor and the separate organization must be approved by the City before it may commence.
a. The Proposal shall describe the Mutual Aid plan/system in detail.
250
EXHIBIT B
CONTRACTOR’S PROPOSAL
251
EXHIBIT C
FEE SCHEDULE
252
FEE SCHEDULE
Compensation Package
After 2 Years After 5 Years
New Employee Employment Employment
Hourly Wage Lowest $13.25 h/r Lowest $13.72 h/r Lowest $14.16 (Straight Time) Highest $13.50 h/r Highest $13.97 h/r Highest $14.38 Median $13.25 h/r Median $13.72 h/r Median $14.16
Average number of hours per week for full time employee: 56
Average gross earning per year for full time employee: $47,125
Paid Vacation
Paid Holiday
Sick Leave
Paid
$1,166 days/year $1,756 days/year $2,379 days/year
11 days/year 11 days/year 11 days/year
N/A days/year N/A days/year N/A days/year
Continuing Ed. N/A hours/year N/A _hours/year N/A _hours/year Uniform
Allowance $ 1,000 /year $ 1,000 /year $ 1,000 /year
Tuition
Reimbursement $ 0 /year $ 0 /year $ 0 /year
Health Care
Medical 80 % covered 80 % covered 80 % covered
$ 1,400 deductible $ 1,400 deductible $ 1,400 deductible
Optical
Dental
0 %covered 0 %covered 0 %covered
0 %covered 0 %covered 0 %covered
Stock Options N/A
Profit Sharing N/A
Day Care Services N/A
Career Development N/A
Pension Plan ER Match 6% of annual gross wages
253
Proposed Operating Budget
Expenses
Personnel
EMT’s
Wages $ 918,000 (2018 wage rates)
Benefits $ 275,000
Other Personnel
Wages $ N/A
Benefits $ N/A
Subtotal $ 1,193,000
Vehicles
Gasoline $ N/A
Repair and Maintenance $ N/A
Equipment lease/depreciation $ N/A
Subtotal $ N/A
Medical Equipment/Supplies
Supplies $ N/A
Equipment lease/depreciation $ N/A
Maintenance and Repair $ N/A
Subtotal $ N/A
Other
Rents and leases $ N/A
Insurance $ 92,000
Utilities and telephone $ N/A
Office supplies and postage $ N/A
Professional services $ N/A
Taxes $ N/A
Uniforms $ 15,000
Admin $ 285,000
Overhead $ 182,000
Subtotal $ 574,000
Total Operating Expenses $ 1,767,000.00
254
Additional Expenses
(1) Reserve Ambulances (on as-needed basis)
Hourly cost of a Reserve Unit/Ambulance, 4 hour minimum $25.00 per hour
If City requires the use of a Reserve Unit/Ambulance, City shall pay Contractor for such use as follows:
0-60 days aggregate= $0 hourly rate
60-90 days aggregate= 50% of Contractor’s hourly rate 90+ aggregate days=100% of Contractor’s hourly rate
(2) Surge Unit/Ambulance EMT Crew (on as-needed basis)
Hourly cost of a Surge Unit/Ambulance EMT Crew, 1 hour minimum $115.00 per hour
Billing to City for a Surge Unit/Ambulance EMT Crew shall begin when City places a call to Contractor requesting Surge Unit/Ambulance EMT Crew assistance, as determined by City’s time stamp of such request. Total billing to City for such assistance shall be calculated from the time City makes the request for assistance unt il completion of the call for which City requested assistance, as determined by City’s time stamps for such call.
(3) Long-Term Front-Line Ambulance Usage
In the future, if City desires to utilize an ambulance from Contractor’s fleet as a front -line ambulance on a long-term basis in lieu of replacing a City ambulance, City shall pay to Contractor a monthly rate for such use, which shall be calculated based upon a five -year straight -line depreciation for such ambulance plus eight percent (8%).
(4) Temporary Housing of Station 1 Personnel
If construction of Station 1 is not completed prior to the Effective Date of this Agreement, Contractor shall house Contractor’s personnel assigned to Station 1 until Station 1 is completed and operational. Contractor shall provide such housing for up to sixty (60) days from the Effective Date of this Agreement at no cost to the City. If Station 1 is not operational within sixty (60) days from the Effective Date of this Agreement, City shall pay to Contractor housin g costs for the Station 1 personnel as follows:
$3,833 per month
The monthly rate set forth herein is inclusive of all costs associated with housing Contractor’s personnel assigned to Station 1, including but not limited to rent and utilities. The monthly rate charged to City shall be pro -rated based upon the number of days housing is required for the Station 1 personnel.
255
EXHIBIT D
CERTIFICATES OF INSURANCE
256
EXHIBIT E
CITY COUNCIL POLICY 100-5
257
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
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 workpl ace, 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;
B. Establishing a Drug-Free Awareness Program to inform employees about:
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
258
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
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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SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
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 unde r 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 de emed 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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Compensation Package
Hourly Wage
(Straight Time) New Employee After 2 Years
Employment
After 5 Years
Employment
Lowest h/r $16.90 $17.51 $20.60
Highest h/r $16.90 $17.51 $20.60 `
Median h/r $16.90 $17.51 $20.60
56 $ 68,588.00
Paid Vacation/yr. $1,625.00 $2,241.00 $4,284.00
Paid Holiday days/yr. 11 11 11
Sick Leave Paid days/yr. n/a n/a n/a
Continuing Ed. n/a n/a n/a
Uniform Allowance/yr. n/a n/a n/a
Tuition
Reimbursement/yr. n/a n/a n/a
Health Care
Medical (% Covered) 80% 80% 80%
(Deductible) varies varies varies
Optical (% Covered) n/a n/a n/a
Dental (% Covered) n/a n/a n/a
Stock Options N/A
Profit Sharing N/A
Day Care Services N/A
Career Development N/A
Pension Plan
Average Number of Hours per week for Full-Time Employee:
Average Gross Earning per year for Full-Time Employee:
FEE SCHEDULE
ER Match 6% of Annual Gross Wages
ATTACHMENT 3
261
Expenses
Personnel
EMT's
Wages $1,311,696
Benefits $481,572
Other Personnel
Wages N/A
Benefits N/A
Subtotal $1,793,268.00
Vehicles
Gasoline N/A
Repair and Maintenance N/A
Equipment lease/depreciation N/A
Subtotal N/A
Medical Equipment/Supplies
N/A
N/A
N/A
N/A
N/A
$115,000
N/A
N/A
N/A
N/A
$19,200
$199,169
$175,269
$508,638
Supplies
Equipment lease/depreciation
Maintenance and repair
Subtotal
Other
Rent and lease
Insurance
(Commercial General, Comprehensive Business Auto
& Professional Liability, Umbrella Insurance)
Utilities and telephone
Office supplies and postage
Professional services
Taxes
Uniforms
Admin
Overhead
Subtotal
Total Operating expenses
$2,301,906.00
Falck Mobile Health (Care Ambulance Service)
Operating Budget for City of Costa Mesa
Three 24-hr units staff only
262
ATTACHMENT 4
Additional Expenses
(1) Reserve Ambulances (on as-needed basis)
Hourly cost of a Reserve Unit/Ambulance, 4 hour minimum $25.00 per hour If City requires the use of a Reserve Unit/Ambulance, City shall pay Contractor for such use as follows:
0-60 days aggregate= $0 hourly rate
60-90 days aggregate= 50% of Contractor's hourly rate 90+ aggregate days=100% of Contractor's hourly rate
(2) Surge Unit/Ambulance EMT Crew (on as-needed basis)
Hourly cost of a Surge Unit/Ambulance EMT Crew, 1 hour minimum $300.00 per hour**
Billing to City for a Surge Unit/Ambulance EMT Crew shall begin when City places a call to Contractor requesting Surge Unit/Ambulance EMT Crew assistance, as determined by City's time stamp of such request, in accordance with 1.2 below. Total billing to City for such assistance shall be calculated from the time City makes the request for assistance as outlined in 1.2 and 1.3 below and determined by City's time stamps for such call.
1.1 **$300.00 per hour measured in 15 -minute intervals at $75.00 per 15min.
1.2 Billing to City for Surge Unit will begin when the requested Falck unit goes “enroute”.
1.3 Should the assigned Falck unit be canceled within the fi rst Five (5) minutes of going “enroute” then there will be no billing to the City. (3) Long-Term Front-Line Ambulance Usage
In the future, if City desires to utilize an ambulance from Contractor's fleet as a front- line ambulance on a long-term basis in lieu of replacing a City ambulance, City shall pay to Contractor a monthly rate for such use, which shall be calculated based upon a five-year straight-line depreciation for such ambulance plus eight percent (8%). (4) Temporary Housing of Station 1 Personnel
If construction of S tation 1 is not completed prior to the Effective Date of this Agreement, Contractor shall house Contractor's personnel assigned to Station 1 until Station 1 is completed and operational. Contractor shall provide such housing for up to sixty (60) days from the Effective Date of this Agreement at no cost to the City. If Station 1 is not operational within sixty (60) days from the Effective Date of this 263
Agreement, City shall pay to Contractor housing costs for the Station 1 personnel as follows:
$3,833 per month
The monthly rate set forth herein is inclusive of all costs associated with housing Contractor's personnel assigned to Station 1, including but not limited to rent and utilities. The monthly rate charged to City shall be pro-rated based upon the number of days housing is required for the Station 1 personnel.
264
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1290 Meeting Date: 7/18/2023
TITLE:
ONE YEAR EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENT WITH WITTMAN ENTERPRISES, LLC FOR AMBULANCE BILLING AND COST RECOVERY SERVICES RFP 18-03 DEPARTMENT: FIRE DEPARTMENT
PRESENTED BY: DANIEL A. STEFANO, FIRE CHIEF
JASON PYLE, ASSISTANT FIRE CHIEF
CONTACT INFORMATION: JASON PYLE, ASSISTANT FIRE CHIEF, (714) 754-5155 RECOMMENDATION:
Staff recommends the City Council:
1. Approve Amendment Number One to extend the term of the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa for one additional year expiring on July 31, 2024, for a total not-to-exceed amount of $240,000. (Attachment 1).
2. Authorize the City Manager to execute the Amendment
BACKGROUND:
On August 7, 2018 City Council approved the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa. (Attachment 2).
ANALYSIS:
From the commencement of the current agreement until the present time, Wittman has met and fulfilled all contractual obligations and requirements. Based on its performance over the past five years, Wittman has maintained a well-managed organization staffed by professional personnel who are extremely knowledgeable and competent in the field of cost recovery. Extending the Agreement to July 31, 2024 will allow for emergency ambulance billing services to continue. Section 4.2 of the Agreement allows the City to terminate the Agreement at any time with written notice to Wittman if it is later determined that services will not be needed for the entire time period of the extension.
1. Cost - Wittman is the best price option. Wittman continues to provide the cost option for either “Price Per Call” or “Percent of Net”. Based on our current and future call volume and collection rates, the option to go with the better of the two formulas is “Price Per Call,” and it is advantageous for the City.