The Community Development Department conducted a Request for Proposals (RFP) process in 2022 to secure staff augmentation and building safety plan check consulting services. After a thorough review process, the City entered into a three-year professional services agreement with The Code Group for a total not-to-exceed amount of $900,000.
In July 2024, Amendment No. One was approved to increase the total compensation by $120,000 due to higher workload demands .
An additional amendment to the agreement is required to continue assisting applicants with building code plan check services, due to a vacant civil engineering position. The vacant civil engineering position will be filled in January 2025, but training of the new employee will be required before that individual is working to full capacity. Additionally , building inspection and permit technician staffing is needed to assist with a temporary permit technician vacancy and inspection needs.
Amendment No. Two, for an additional $250,000 is requested to the agreement to continue with plan check and staff augmentation . The revised not-to-exceed amount is $1,270,000 over the remaining term of the contract. The agreement will terminate on June 30, 2025, unless extended further. Prior to the agreement's termination, staff will conduct a new RFP for building safety related services. Staff anticipates completing the RFP process and recommending consultants by June 2025.
FISCAL IMPACT:
The total cost for the amendment is $250,000 over the remaining term of the contract.
The adopted budget includes salary savings that will offset the cost of services. The costs will be expensed to the professional services account - 0105042-811008 .
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A-Amendment No. Two to Professional Services Agreement Attachment B -Amendment No. One to Professional Services Agreement Attachment C - Professional Services Agreement with The Code Group dba VCA Code 13-2
Attachment A
Amendment Two to Professional Services Agreement
13-3
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH THE CODE GROUP, INC. OBA VCA CODE FOR
STAFF AUGMENTATION AND PLAN REVIEW SERVICES
THIS AMENDMENT NO. TWO TO ·PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 14th day of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city("City"), and THE CODE GROUP, INC., a California corporation doing business as ("OBA") VCA CODE (''Consultanr) , whose address is 1845 W. Orangewood Avenue, Suite 200, Orange, CA 92868, and is made with reference to the following:
RECITALS
A. On June 28, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement
11 ) to provide staff augmentation and plan review services ("Project").
B. On July 25, 2024, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation due to a higher workload.
C. The parties desjre to enter into this Amendment No. Two to reflect a further increase in the total compensation due to an increased workload.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. COMPENSATION TO CONSULTANT
Section 4·_ 1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Seventy Thousand Dollars and 00/100 ($1,270,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred and Fifty Thousand Dollars and 00/100 ($250,000.00).
The Code Group, Inc. dba VCA Code Page 1 13-4
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
The Code Group, Inc. dba VCA Code Page2 13-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: IL/ lt-/z,i , I
By:~..41,,d~~-....l,....l~'=------
A r n C. Harp
Ci y Attorney
ATTEST:
Date: -------
By: ___________ _
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: --------
By: ___________ _
Joe Stapleton
Mayor
CONSULTANT: THE CODE GROUP ,
INC., a California Corporation doing
business as ("OBA") VCA CODE
Date: ---------
By:. ___________ _
Thomas VanDorpe, S.E.
Chief Executive Officer, Secretary
[END OF SIGNATURES]
The Code Group, Inc. dba VCA Code Page 3 13-6
Attachment B
Amendment One to Professional Services Agreement
13-7
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH THE CODE GROUP, INC. DBA VCA CODE FOR
STAFF AUGMENTATION AND PLAN REVIEW SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 25th day of July. 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ('
1 City"), and THE CODE GROUP, INC., a California
Corporation doing business as ("OBA'') VCA CODE ("Consultant"), whose address is 1845 W. Orangewood Avenue, Suite 210, Orange, CA 92868, and is made with reference to the following:
REC ITALS
A. On June 28, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide staff augmentation and plan review services ("Project").
B The parties desire to enter into this Amendment No, One to increase the total compensation due to a higher workload.
NOWJ THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to exceed basis in accordance with the provisions of this Secti.on and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant1 s compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Twenty Thousand Dollars and 00/100 ($1,020,000 .. 00), without prior wrftten authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's addftiona1 compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) .
2. JNTEGRATED CONTRACT
Except as expressly modified herei , all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect [SIGNATURES ON NEXT PAGE)
The Code Group, Inc. dba VCA Code Page 1 13-8
IN WITNESS WHEREOF , the parties nave caused this Amendment No. One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7 / / q / b
By: oi._.,
Aaro11 C. Harp
City Attorney
ATTEST:
Date: :i 3Q. ~
By: .e€ fmri
Leilani I. Brown "'
City Clerk
CITY OF NEWPORT BEACH,
a Califo • • • oration
Date: -------- ---------
CONSUL TANT: THE CODE GROUP.,
INC., a California Corporation doing
business as ("OBA") VCA CODE
Date: ------- --
Signed in Count rpart
By: ------------Thom as VanDorpe
Chief Executive Officer , Secretary
[END OF SIGNATURES]
The Code Group, Inc. dba VCA Code Page 2 13-9
IN WITNESS WHEREOF , the parties have caused this Amendment No. One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY 'S OFFICE
Date: 7 / / q / 2.,
By: 00\..-
Aaron C. Harp
City Attorney
ATTEST:
Date: ·- ------
By: _______ ____ _
Lellanl I. Brown
City Clerk
CfTY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: _______ ____ _
Grace K. Leung
City Manager
CONSUL TANT: THE CODE GROUP,
INC., a California Corporation doing
business as ("OBA") VCA CODE
By:---" -v-:--ff-''-+S~.£.'i'-''----#,,- 44-+--4,....._ __ Th
Cl1ief Execut1v ecretary
[END OF SIGNATURES]
he Code Group, Inc. dba VCA Code Page 2
13-10
Attachment C
Professional Services Agreement with The Group dba VCA Code 13-11
PROFESSIONAL SERVICES AGREEMENT
WITH THE CODE GROUP, INC. OBA VCA CODE FOR
STAFF AUGMENTATION AND PLAN REVIEW SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 28th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE CODE GROUP, INC. OBA VCA CODE, a California corporation ("Consultant"), whose address is 1845 West Orangewood Avenue, Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide staff augmentation and plan review services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 13-12
performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail.
4. COMPENSATION TO CONSUL TANT
4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Nine Hundred Thousand Dollars and 00/100 ($900,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Bob Heinrich to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department. City's Deputy Community Development Director/Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's supervIsIon. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work The Code Group, Inc. OBA VGA Code Page 3
13-14
conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them, and/or if it is subsequently determined that an employee of Consultant is not an independent contractor.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
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13-15
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services.
10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member.
10.3 Consultant must submit to and pass a criminal background investigation by providing a complete set of fingerprints to City prior to commencing or performing Services or Work. Consultant is required to submit any fees for the criminal background investigation according to the City's most current administrative fee schedule or successor document. Fingerprints may be required to be updated every five (5) years.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, biogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's The Code Group, Inc. OBA VCA Code Page 6
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expense, provide such Documents, including all logins and password information to City upon prior written request.
17 .2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes.
17 .3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provIsIons of the California Political Reform Act of 197 4 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code§§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.
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25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at:
Attn: Deputy Community Development Director/Chief Building Official
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:
26. CLAIMS
Attn: Bob Heinrich
The Code Group, Inc. DBA VCA Code
1845 W. Orangewood Avenue
Orange, CA 92868
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the The Code Group, Inc. DBA VCA Code Page 9 13-20
event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to The Code Group, Inc. OBA VGA Code Page 10
13-21
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
The Code Group, Inc. OBA VCA Code Page 11
13-22
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: l:;/qfu?, r1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
ATTEST:
Date: 1 }?. 2m,
CONSUL TANT: The Code Group, Inc.
OBA VCA Code, a California corporation
Date: '7, JO• '{A1.:2 ..
By: -,...=_,,..,.."""E>';:;:;:~~~'-fl-l'--"""---
By· .A. _/~ 11/M-?
Th~~
Chief Executive Officer I Secretary City C
[END OF SIGNATURES]
Attachments: A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
The Code Group, Inc. OBA VCA Code Page 12 13-23
EXHIBIT A
SCOPE OF SERVICES
1. BUILDING PLAN REVIEW SERVICES
Consultant shall provide building plan review services to assist the City's Building Division with timely and accurate plan check services for the following scope of plan check. Consultant shall provide consultants on staff. Consultant shall:
• Review residential, commercial and industrial buildings for compliance with the City-adopted codes, including California Building and Residential Codes, Green Code, Mechanical Code, Plumbing Code, and Electrical Code; The City of Newport Beach Municipal Code; and State Energy Conservation requirements. • Provide one (1) Fire Plans Examiner to review fire code plans for residential, commercial and industrial projects, working off-site and attending meetings, as directed by the Fire Marshal.
• Provide written notification to each applicant, consisting of a complete electronically-generated plan check letter, which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents.
• Attend all required meetings as directed by the Chief Building Official. • Review soils report, for compliance with CBC, for the proposed scope of work. • Review grading plans to assure conformance with City codes, written policies and standard specifications and compliance with the recommendations, specifications and details contained in the submitted soils report and assure that all appropriate details are shown on the plans. Review quantity calculations to assure accuracy and completeness.
• Review surveys, in accordance with City Policy.
• Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best Management Practices per City standards.
The Code Group, Inc. OBA VCA Code Page A-1 13-24
Turn-Around Schedule:
Consultant shall complete each plan check, when not conducted in City Hall, within the time specified below:
• First Check: Ten (10) working days from submittal by applicant • Subsequent Checks: Five (5) working days
Qualifications:
• Experience: Four years of experience checking building plans. • Training: Bachelor's degree from an accredited college or university with major coursework in civil engineering , structural engineering, or architecture. • License/Certificate: Possession of a valid California driver's license. Possession of State of California registration as a professional engineer or architect.
Possession of an ICC "Building Plans Examiner" certificate. Possession of an ICC "Fire Plans Examiner" certificate for reviewing Fire code-based plans. • Additional Requirement: Members of the consultant team performing Building Plan Review services on-site, must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department.
• Supervision Received and Exercised: Consultant will receive direction from the Chief Building Official or his or her designee.
• Hours of Work: Consultants assisting with Building Plan Review services shall be available during regular business hours.
2. BUILDING INSPECTION SERVICES:
Consultant shall provide building inspection services to assist City staff with timely and accurate inspection services for the following scope of inspections. Consultant's personnel shall be required to report on-site at City Hall, as directed, and perform field inspections as assigned.
• Provide up to two qualified building inspectors. The City needs up to eighty (80) hours of Contract Inspection Services per week.
• Provide inspections of all requested inspections and re-inspections for compliance with City of Newport Beach Municipal Code and State codes and regulations: California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building The Code Group, Inc. OBA VGA Code Page A-2 13-25
Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks regulations; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control regulations; and, locally adopted building ordinances and amendments thereof.
• Consultant's personnel shall not be substituted without approval from the Chief Building Official.
• Maintain all • inspection records for all assigned projects, including correction notices and all documentation related to project inspections. • Coordinate all inspection and re-inspection requests as assigned. • Coordinate with the Principal Building Inspector, as appropriate, on discretionary decisions or requests for alternate materials. • Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project.
Qualifications:
• Experience: Must have demonstrated work experience performing residential and commercial inspections on a variety of construction projects. Must have excellent customer service skills.
• Training: Equivalent to completion of the twelfth grade. • License/Certificate: Possession of ICC certification as Combination Building Inspector. Possession of an appropriate valid California driver's license. • Additional Requirement: On-site members of the consultant team performing Building Inspection services mu.st successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. • Supervision Received and Exercised: Contractor receives general supervision from the Principal Building Inspector.
• Hours of Work: On-site consultants assisting with Building Inspection services shall be available during regular business hours.
3. BUILDING PERMIT TECHNICIAN SERVICES:
Consultant shall provide services to assist City staff with timely and accurate permit technician services for the following scope of permit technician services. Consultant's personnel shall be required to report on-site at City Hall as directed and perform permit technician work as assigned.
The Code Group, Inc. OBA VCA Code Page A-3 13-26
• Provide one qualified permit technician. The City needs a full or part time Contract Permit Technician Services.
• Consultant's personnel shall not be substituted without approval from the Chief Building Official.
• Provide support and technical assistance at the public counter, over the telephone and via email; provide general information and assistance to the public regarding requirements for obtaining permits, zone clearances, and business license;
• Assist in responding to requests for information from other departments and governmental agencies regarding the General Plan, Zoning Code, Local Coastal Program, and Subdivision Code;
• Determine building valuations based on established standards; calculate and determine a variety of fees for plan checks, permits, taxes and sanitation district and school district charges;
• Instruct applicants on correct procedures for completing required forms and applications; provide information regarding City, State and Federal regulations pertaining to building, planning, and public works activities; • Maintain recorded of plans and applications submitted; participate or direct the filing and routing of plans and permits to appropriate City departments and staff; • Coordinate the plan approval process between various City departments; refer applicants to appropriate City department or outside agency as necessary; • Notify applicants when plan or permits are ready for pick-up or issuance; provide status updates as required;
• Follow-up on stop work orders and complaints;
• Perform data entry and issue permits via the computerized permitting system; • Verify worker's compensation insurance and State contractor licensing; and • Perform related duties as assigned.
• Coordinate with the Permit Technician Supervisor and attend all required meetings as directed by the Chief Building Official.
The Code Group, Inc. OBA VCA Code Page A-4 13-27
Qualifications:
• Experience: Must have demonstrated work experience performing permit technician work on a variety of construction projects. Must have excellent customer service skills.
• Training: Equivalent to completion of the twelfth grade. • License/Certificate: Possession of ICC certification as Permit Technician.
Possession of an appropriate valid California driver's license. • Additional Requirement: On-site members of the consultant team performing Permit Technician services must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. • Supervision Received and Exercised: Contractor receives general supervision from the Permit Technician Supervisor.
• Hours of Work: On-site consultants assisting with Permit Technician services shall be available during regular business hours.
The Code Group, Inc. OBA VCA Code Page A-5 13-28
1!1
Leadership. Service. Commitment.
Code
Cover Letter
April 5, 2022
Attn: Shaun Tormey, Buyer
City of Newport Beach Finance Department
100 Civic Center Drive
Newport Beach, CA 92660
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Subject: RFP No. 22-45 Building Plan Review and Inspection Services Dear Shaun Tormey:
The Code Group, Inc. (VCA Code) is pleased to respond to the City of Newport Beach's Request for Proposal (RFP) for Building Plan Review and Inspection Services. In response, our proposal includes our understanding of the scope of work, statement of qualifications, organizational information, project approach/methodology, and references/recent project history. Required forms and cost proposal are separately attached.
For plan review, the City will benefit from VCA's technically strong team of licensed Plan Check Engineers and ICC Certified Plans Examiners to assist with accurate and timely plan reviews. VCA maintains a team of sixteen (16) highly competent, in-house plan checkers that the City can rely upon for reviewing any type of structure. The Project Director for plan review will be Bob Heinrich, CBO, Principal & President. Mr. Heinrich brings over 30 years of code knowledge, technology, management, and building official experience to the City. With his unique background and expertise, Mr. Heinrich will not only ensure exceptional services but also offer the City any needed guidance.
For staff augmentation, the City will benefit from outstanding staffing services for the Building Division through a dedicated in-house recruiting team, well versed in the industry. With substantial success filling roles that satisfy both the agency and candidates' needs, our staffing department is ready to provide the City with competent and cooperative personnel. The Project Director for staffing will be Rick Bergin, a veteran recruiter with over 18 years of experience in talent acquisition and management . VCA has successfully placed Building Inspectors, Permit Technicians, Plans Examiners, Planners, Code Enforcement Officers, Building Officials, administrative staff, and more.
VCA is financially stable, and we have always met ourfinancial obligations on time. We have never been required to make a payment due to a claim against the firm. There is no pending litigation .
This proposal shall remain valid for 180 days from date of submittal . Please do not hesitate to contact us with any questions or need for clarification. We appreciate your time in reviewing this proposal and look forward to the opportunity to serve the City of Newport Beach and its community .
Sincerely,
m
Chief Executive Officer
1 Cover Letter
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714 .363.4700 13-29
11!1 I
Leadership. Service. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
Statement of Qualifications
VCA's commitment to the City: The name VCA has been recognized in the industry for over 40 years, providing solutions in engineering, plan review, staffing, permitting, planning, code enforcement , and more. Today, the principals of VCAoperate through the entity The Code Group, Inc. (dba VCA Code) which was incorporated in 2003. Serving 35+ jurisdictions, VCA is ready and capable of providing quality plan check and staffing services as outlined in the RFP's Scope of Work. We will conform to the exact needs of the City of Newport Beach's community and are ready to behave as an extension of the City.
Through our relationships with municipalities, we understand the frustrations with outsourcing work, and VCA's unique company organization allows us to alleviate the difficulties normally experienced when working with other consultants.
Our plan check team can review any type of structure for residential, commercial, industrial, fire, and public projects, including highly technical projects such as hotels, medical facilities, libraries, student centers, perfonn1ng arts centers, reservoirs, dealerships, and more. Residential includes SFD, MFD, affordable housing, mixed-use, podiums, wraps, custom homes, track homes, ADU's, room additions, remodels, pools, basements, bomb shelters, horse facilit ies, and more. We continuaUy update an extensive library of all applicable and adopted building codes, modifying review standards to reflect the most recent code changes. The City can rely on VCA to conduct plan reviews in alignment with current standards.
• Our staffallgmentation services include building inspectors, permit technicians, plans examiners, and more.VCAwillonly provide candidates that meet the City's miriimuin requirements induding certifications and licenses. We will comply with all State and Federal ernploymentlaws as well as any City requirements including reference checks, fingerprints, background checks, etc.
Our recruiting team is dedicated to bringing the best candidates . . forthejob when the City needs the.m. All of :our staff will perform . as: an extension oft he City and interface with the public in a polite and courteous manner. They understand thatthey wear' two hats _; oriefor the City and one for VCA. • • •
Types of Review Include:
✓ Full Building
✓ Structural
✓ Mechanical
✓ Electrical
✓ Plumbing .
✓ Fire
✓ Grading/Drainage
✓ Green
✓ Disabled Access
✓ And more!
Available Staff Include:
♦ Building Inspectors
. ♦ •Permit Technicians
♦ . Building Plans Examiners
♦ . Fire Plans Examiners
•• Code Enforcement
+ Fire Inspectors
+ CASp Professionals.
♦ Sustainability Experts
♦ And morel
Other municipalities rely on VCA because we deliver excellent services within tight deadlines at a reasonable cost. Unlike competitors, VCA staffs a core in-house team of plan checkers and dedicated recruiters. Our plan check team ensures corrections stay consistent and the whereabouts of assigned plans are easily tracked. By keeping progress and deadlines transparent, our team is able to meet the City's expectations while maintaining quality of work. We are experienced in working with the types of applicants and projects in the City of Newport Beach. VCA employees value customer service and have worked with seasoned contractors, first-time owner builders, and everyone in between.
Statement of Qualifications
VCA Code I 1845 W. Orangewood Ave., #210 , Orange, CA 92868 I 7 14.363.4700 3 13-30
- I Leade,shlp. Se,vke. Commltmeot.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
♦ Familiarity with City
Not only do we have city clients of similar size and density, VCA currently performs plan review and staffing services for the City as well as employs former Newport Beach, Building Division staff. We possess extensive experience working with beach communities and intimately know unique aspects such as coastal soils, seawalls, and corrosion. Additionally, our staff knows how to handle the types of affluent clientele and unique project demands that the City receives. Our team enjoys working with the Newport Beach staff and constituents , and we will continue using our knowledge of the City and community to provide unrivaled services for the Building Division. Our skilled team of plan checkers, building inspectors, permit technicians, and more are ready to serve the City and all stakeholders. ♦ Dedicated In-House Recruiters
Our recruiting team is devoted to handling all
staffing needs for the City, resulting in qualified
contract staff at a quick turnaround. With our
breadth of hiring resources, industry experience,
and uniquely collaborative approach, VCA
recruiters are able to prioritize compatibility and
skills when presenting candidates to the City. We
value open communication and will keep the City
updated on progress.
♦ Working with City Staff and Constituents
With staff consisting of former building officials and public employees, our team will have no issues working closely and collaboratively with the City and its associates. Our knowledge of the codes paired with understanding of the industry allows us to articulate even the most intricate of codes in a concise and digestible manner. Fostering relationships with municipal staff is important to VCA, and we believe in aligning our processes with the City rather than imposing our own, resulting in strong rapport and a harmonious working relationship. We are happy to make any adjustments to better serve the City.
Additionally, our team will respond to any inquiries within 24 hours, and any urgent matters will be handled ASAP.
♦ Electronic Resources
Experts in software programs and digital plan review, our team is skilled in government permitting programs like lntergov and Accela and also PDF editing software such as Bluebeam and Adobe. Our knowledge allows us to be flexible and adaptable to any systems the City utilizes. The City can comfortably rely on VCA for any technological assistance as Bob Heinrich previously held the position of Director of Technology for ICBO/ICC with an understanding of technology across the United States. In the past, we assisted cities in the set-up and implementation of electronic plan review processes and helped municipal staff with training and best practices with software programs. Our relationship with software vendors gives cities options in technology without a large investment in time or finances. We are open to assisting the City in technological needs and migration. 4 Statement of Qualifications
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 13-31
1111
Leadership. Service. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
Organizational Information
VCA's roots trace back to the code consulting firm founded by Dan VanDorpe, PE, CBO in 1979, nearly 43 years ago. VCA's executive team, and many of our employees, are licensed professional structural and civi.1 engineers and ICC certified plan examiners with extensive code knowledge and experience. We've developed a reputation for providing plan review and contract staffing while effectively articulating our knowledge of the codes to a wide range of applicants .
• The Code Group, Inc. dba VCA Code is a California Corporation managed by Tom VanDorpe, SE, CEO. • Principal Place of Business: 1845 W. Orangewood Ave., Suite 210, Orange, CA 92868 with more than 15,000 SF including a large area for training activities and meetings. ♦ Additional Office: 1111 Broadway, 3rd Floor, Oakland, CA 94607 • Size and Growth: With 153 employees, the firm consists of licensed structural and civil engineers; and ICC certified individuals such as plans examiners, building officials, building inspectors, permit technicians, code enforcement officers, and AICP Planners ranging from City/Principal, Senior, Associate, & Planning Technicians. We have the capacity and resources to support the City in plan review and staffing services.
• Serving 35+ California Jurisdictions: VCA has built a solid reputation based on integrity, service, code knowledge, and experience. Our cities rely on our services. • Financial Stability: VCA is financially stable, and we have always met our financial obligations on time. A copy of our latest financial statement is available for review upon request. We have two million dollars in E&O insurance and have never been required to make a payment due to a claim against the firm. There is no pending litigation .
City of Newport Beach
Bob Heinrich , CBO
Principa l & President
(30+ yrs)
Primary contact, manages plan check
and oversees st;iff 1ng
Plans
Examiners &
Plan Check
Engineers
• ■···
Ryan Grigsby
Recruitment Manar,er
(15+ yrs)
Man;i ges I·ecruItIn g
functions and staff
Arielle Delgado
Staffing
Coordinator . .
• • •
L
Organizational Information
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 Field Staff
(Building Inspectors,
Permit Techs, Counter
Staff, etc.)
5 13-32
- I Leade~hlp. Secvlce. Commltmeat.
City of Newport Beach RFP No. 22.45
Building Plan Review and Inspection Services
Code
VCA is pleased to introduce our professional team ready to support the Building Division. The City will be in great hands with Bob Heinrich, CBO, Principal/President and Rick Bergin, Director of Staffing. Mr.
Heinrich and Mr. Bergin will be the primary points of contact for service requests.
Bob Heinrich, CBO
President & Principal (Primary Contact)
As the former Building Official of the City of
Anaheim and past CEO/COO of ICC and ICBO, Mr.
Heinrich brings over 30 years of extensive industry
and code knowledge. He brings a wealth of
successful management experience, efficiency
expertise, and resources for the City to utilize. Bob
manages a team of in-house plan checkers
organized to ensure accurate and complete plan
review using City adopted Codes and Ordinances.
Rick Bergin
Director of Staffing (Key Contact)
With over 18 years of experience in recruiting,
placement, and staff development, Mr. Bergin
knows the ins and outs on how to find and manage
talent all within a budget. He has developed
strategic programs and initiatives and, in the past,
filled 120+ positions in one year. With a
collaborative approach, Mr. Bergin and the VCA
recruiting team will ensure the City's staffing needs
are met.
♦ ICC Certified Building
Official
♦ Former CEO/COO of
ICC and ICBO
♦ BS Civil Engineering
♦ FormerDirectorof
Talent Acquisition
♦ Former Business
Development &
Branch Manager
♦ Former Director of
Recruitment
The assigned staff to perform the services outlined in the RFP are listed below. Note: should any alternate staff be needed, VCA has a steady pipeline of inspectors, permit technicians, plans examiners, co~e enforcement officers, etc. to serve the City.
i
Name Classification/Title Qualifications, Licenses, Certifications ■
Director of.Plan Check • Registered Civil Engineer C-66754 Hue Luu, PE Services/ Sr. Plan • ICC Certified Plans Examiner. ICC-0863153 30 Check Engineer • BS Architecture & Design, CSU Long Beach • Former CBO of Newport Beach Deputy Director of
• ICC Certified Building Official, Plans Examiner, Plan Check Services/ Samir Ghosn, PE Sr. Plan Check Residential Fire Sprinkler Inspector/Plans Engineer Examiner
• MS Civil Engineering, CSU Long Beach
35 6
Organizational .Information
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 f 714.363.4700 13-33
111
Leadership. Service. Commitment.
Code
Name Classification/Title
Daniel Kennedy, Sr. Plans Examiner/
Architect/ CASp / AIA Inspector
Sr. Plan Check Suzanne Kusik, PE Engineer & OSHPD-3
High-Rise Structural Brett Kaufmann, SE Plans Examiner
Structural Plans Peter Le, SE Examiner
Structural Plans Ramon Rubio, SE Examiner
CBO / Plans Examiner
Gary Hawken, CBO / Combination
Inspector
Jonathan Gulliver, Plans Examiner/
AIA Architect
Nasrin Sesar Plans Examiner
Shawn Dallpe Plans Examiner
Organizational Information
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Qualifications, Licenses, Certifications
■
Licensed CA Architect #C25762
California Accessibility Specialist DSA/AC #CASp-
198
Safety Assessment Program #SAP50982 30
ICC Certified Building Official, Building Plans
Examiner, Building Inspector, and Combination
Single Family Inspector
Registered Civil Engineer C-61153
CBO - ICC 1015736
ICC Building Plans Exam. ICC-1015736-B3 25
BS Civil Engineering, CSU Long Beach
Registered Structural Engineer S-3939
Registered Civil Engineer C-46685 25 MS Structural Engineering, UCLA BS Civil Engineering, UCLA
Registered Structural Engineer S-4726
Registered Civil Engineer C-60684 28
BS Civil Engineering, UC Irvine
Registered Structural Engineer S-6480
Registered Civil Engineer C-80580 12 MS Earthquake/Structural Engineering, UCLA BS Structural Engineering, UCSD
ICBO/BOCA Certified Building Official
ICC Certified Building Code Official
ICC/AACE Code Enforcement Administrator 30
CA Building Plans Examiner
CA Combination Inspector
AIA Licensed Architect C-20658
NCARB Certification 48958 25 LEED AP Accredited
BA Architecture, Cal Poly Pomona
ICC Certification : 8261522
Building Plans Examiner 30
CALGreen Inspector/Plans Examiner
ICC Certified Plans Examiner 8959728
E.I.T. 15-498-61 7
BS Civil Engineering, UC Irvine
7 VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 13-34
11111
Leadership. Service. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
; Code
Name Classification/Title Qualifications, Licenses, Certifications ■
• ICC: Residential, light Commercial and Industrial, Building Inspector & MEPs, Tl's, and plan review Jack Kuwitzky Plans Examiner, 10 • CA DSW Coordinator-ICC 81965402 Disaster Assistance
Historical building inspection •
• Registered Mechanical Engineer M-38690
Mechanical/ Energy • MBA Renewable Energy Focus, BHT Berlin Kontay Sexton, PE 20 Engineering Services • MS Mechanical Engineering, UMD College Park • BS Mechanical Engineering, NCSU
• Bachelor of Science, Columbia Southern
Fire & Building University, Fire Science
• Fire Inspection Academy Robert Salgado Inspector/ Sr. Plans 30 • Fire Safety Engineering Certificate Examiner
• ICC Certified Fire Plans Examiner, Fire Inspector I
& II, Building Inspector
• ICC Commercial Combination Inspector,
Fire & Building Electrical, Mechanical, Plumbing, & more Moises Eskenazi Inspector/ Sr. Plans • AA Construction Technology, Pasadena City 25 Examiner College
• ICC-842211
• ICC Building Inspector, Plans Examiner - 863360
• Post Disaster Training Certified
Danny Rodriguez Sr. Building Inspector • NPDES Inspection Certification 30 • Orange Coast College, AA Architectural
Technology and Construction
• ICC Combination Residential Building Inspector
(Bl, Ml, El, Pl)
I Combination Building • Plan review for residential, commercial, solar PV, 20 Steven Hartmeyer Inspector and EV charging stations • Lead Inspector for commercial, residential ,
institut ional construction projects
Donna Ducharm- Permit Technician Greek • ICC Certified Permit Technician 8750096 7 Kathy Mahboubian Permit Technician • ICC Certified Permit Technician 8004785 12 Individual resumes for staff can be found in Appendix A.
Subcontractors: No subcontractors have been assigned. Should any be needed in the future to fulfill tasks for the City, VCA will proceed with the proper notification and procedures.
Organizational Information
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 8 13-35
- J Lead,~h lp. Se,vke. Commitment
Code
Project Approach/Methodology
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
With a team of licensed professional/structural engineers, ICC plans examiners, ICC fire plans examiners, ICC building inspectors, and ICC permit technicians, VCA is highly capable of performing all services requested in the Scope of Services.
Scope of Services
VCA has read the Scope of Services and agrees that in carrying out responsibilities under this agreement, and in particular with regard to the employment of persons and sub-Consultants working on the contract, we will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed here under is subcontracted to another person or firm (with approval of the City as required herein), sub-contract shall contain a similar provision.
VCA will ensure individuals will not work:
• more than 960 hours a year at the City;
• full-time for more than six (6) months;
• regular part-time service of at least twenty (20) hours per week for one year or longer; VCA will ensure we maintain control of the manner and means of individual's work schedules; and we will ensure individuals, working on City projects, understand they do not work for the City and there is no employee/employer relationship.
VCA will provide personnel that meet the required qualifications, certifications/licenses, and knowledge to perform the following services:
Section A: Building Plan Review Services
• Review residential, commercial and industrial buildings for compliance with the City-adopted codes, including California Building and Residential Codes, Green Code, Mechanical Code, Plumbing Code, and Electrical Code; The City of Newport Beach Municipal Code; and State Energy Conservation requirements.
• Provide one (1) Fire Plans Examiner to review fire code plans for residential, commercial and industrial projects, working off-site and attending meetings, as directed by the Fire Marshal. • Provide written notification to each applicant, consisting of a complete electronically-generated plan check letter , which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation . . • Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone , or meetings, prior to resubmitting corrected plans and documents . • Attend all required meetings as directed by the Chief Building Official. • Review soils report, for compliance with CBC, for the proposed scope of work. • Review grading plans to assure conformance with City codes, written policies and standard specifications and compliance with the recommendations, specifications and details contained 9 Project Approach/Methodology
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363 .4700 13-36
- / Leade,ship. Sec,ice. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
in the submitted soils report and assure that all appropriate details are shown on the plans.
Review quantity calculations to assure accuracy and completeness. • Review surveys, in accordance with City Policy.
• Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best Management Practices per City standards.
• Turn-Around Schedule: VCA will complete each plan check, when not conducted in City Hall, within ten (10) working days for the first check and five (5) working days for subsequent checks.
Section B: On-Call Structural Review
• Provide on-call plan review of complex structural design for conformance to the latest adopted codes and standards.
• Provide written notification to each applicant, consisting of a complete electronically-generated plan check letter which outlines the documents reviewed, instructions to the applicant regarding the processing of documents , and a listing of plan check comments . The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available during regular business hours to discuss and clarify plan check issues with applicants, designers, owners and consultants . Resolution of code issues may be performed by telephone, or meetings prior to resubmitting corrected plans and documents. • Attend all required meetings as directed by the Chief Building Official. • Turn-Around Schedule: VCA will complete each review, off site, within ten (10) working days for the first check and five (5) working days for subsequent checks.
Section C: Building Inspection Services
• Provide up to two qualified building inspectors performing up to eighty (80) hours of Contract Inspection Services per week.
• Provide inspections of all requested inspections and re-inspections for compliance with City of Newport Beach Municipal Code and State codes and regulations : California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks regulat ions; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control regulations; and, locally adopted building ordinances and amendments thereof .
• Personnel will not be substituted without approval from the Chief Building Official. • Maintain all inspection records for all assigned projects, including correction notices and all documentation related to project inspections .
• Coordinate all inspection and re-inspection requests as assigned. • Coordinate with the Principal Building Inspector, as appropriate, on discretionary decisions or requests for alternate materials.
• Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project.
Project Approach/Methodology
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 10 13-37
- I Leade~hlp. '"'''"'· Commltmeot.
City of Newport Beach RFP No. 22-4S
Building Plan Review and Inspection Services
Code
Section D: Building Permit Technician Services
• Provide one qualified permit technician. The City needs a full or part time Contract Permit Technician Services.
• Personnel will not be substituted without approval from the Chief Building Official. • Provide support and technical assistance at the public counter, over the telephone and via email; provide general information and assistance to the public regarding requirements for obtaining permits, zone clearances, and business license; • Assist in responding to requests for information from other departments and governmental agencies regarding the General Plan, Zoning Code, Local Coastal Program, and Subdivision Code; • Determine building valuations based on established standards; calculate and determine a variety of fees for plan checks, permits, taxes and sanitation district and school district charges; • Instruct applicants on correct procedures for completing required forms and applications; provide information regarding City, State and Federal regulations pertain ing to building, planning, and public works activities;
• Maintain recorded of plans and applications submitted; participate or direct the filing and routing of plans and permits to appropriate City departments and staff; • Coordinate the plan approval process between various City departments; refer applicants to appropriate City department or outside agency as necessary; • Notify applicants when plan or permits are ready for pick-up or issuance; provide status updates as required;
• Follow-up on stop work orders and complaints;
• Perform data entry and issue permits via the computerized permitting system; • Verify worker's compensation insurance and State contractor licensing; and • Perform related duties as assigned.
• Coordinate with the Permit Technician Supervisor and attend all required meetings as directed by the Chief Building Official.
Approach
Our extensive experience, capabilities, and total quality management control processes are a multi-layer approach. VCA will ensure proper staff allocation and placement through working closely with City staff and understanding the requirements set forth . Located nearby in Orange County, our project team is readily available for telephone or in-person meetings at the City. All VCA employees and contract staff will behave in a professional manner while conducting their duties and working with the public and the City. VCA brings the experience and success of working with multiple jurisdictions while providing high quality work through the following:
• Compliance with all City Policies and Procedures: Our employees will adapt to all City processes, mitigating conflicts that could arise from working with a consultant. Unlike competitors, our goal is to provide the City with solutions rather than cause more headaches. We are willing to come to the City to learn any software programs, systems, or other processes to better serve the City. • In-House Experts: With a core team of plan checkers and recruiters working directly out of VCA's Orange County office, applicants and city staff will benefit from quick issue resolution. While many consultants have dispersed organizations, VCA's staff, President, and CEO work directly with the 11 Project Approach/Methodology
VCA Code I 184S W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 13-38
- I Leadership. Se<,lce. Commltmeot
Code
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
City to handle any matters with no cause for delay.
• Professional Development Training: VCA's leadership values employee development and supports career advancement through paid training and continuing education. • Staffing Commitment: VCA commits to providing a team with relevant work experience based on City needs. Should a change in personnel be required, VCA will comply with City requirements and seek written consent of the City, including sub-consultants . • Code Library: VCA continually updates an extensive library of all applicable and adopted building codes and reference standards; and modifies and upgrades review standards to reflect code changes and guarantees that plan reviews are in alignment with the current standards. • Industry Associations: VCA has a long-standing participation and technical involvement with the International Code Council (ICC), ICC Orange Empire Chapter, ICC Los Angeles Basin Chapter, CALBO, Structural Engineers Association of California (SEAOC), International Association of Plumbing and Mechanical Officials (IAPMO), and others. These resources and relationships can be utilized for research, thought leadership, and needed information to support VCA's activities for the City.
• Open Communication: VCA's office hours are 8:00 a.m. to 5:00 p.m. however, our staff will be available during the hours convenient for the City. We will proactively communicate with City staff, applicants, and attend meetings as necessary to improve the progress of work. VCA will provide emphasis, understanding and special attention to assigned projects while maintaining work quality, meeting deadlines, and staying within budget. Our employees know they must return phone calls and emails ASAP or within 24 hours. VCA effectively utilizes a cross-reference program that ensures ongoing communication, so if an employee is out of the office, they must notify their counterpart , to be aware of the status of any issue. In addition, the City may rely upon both Bob Heinrich and Rick Bergin, who are available 24/7 to assist the City.
Methodology
Unlike competitors, VCA has a core in-house team of
sixteen (16) plan checkers to ensure the City receives
consistent and timely corrections. These individuals
consist of ICC Certified Plans Examiners and licensed
professional and structural engineers. They will review each project to meet all requirements of the California Code Regulations (CCR Title 24), including, but not
limited to: structural, architectural, mechanical,
electrical, plumbing, fire, CASp, grading and drainage, civil, sustainability (Energy and Green Building Codes), geotechnical services, flood zone, liquefaction, storm
water, OSHPD-3, ADA, and more .
1. Beginning with the end in mind: Accurate and thorough plan review coupled with on-time delivery is our goal. To save time, VCA employs a full -time Plan Check Client Services Manager and coordination staff. This individual is a 25-year veteran Permit Technician who opens each set of plans to review for completeness and ensures all documents and reports are included . If portions 12 Project Approach/Methodology
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 13-39
- I Leadership. Se,,lce. Commltmeot.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
are missing, she immediately notifies the City to attain any outstanding documents. Each plan is entered into our proprietary plan tracking system and assigned out to a plans examiner.
2. QC & QA: Our Director of Plan Check, Mr. Hue Luu and Deputy Director of Plan Check, Mr. Samir Ghosn, are well-known in the industry, and their expertise is unparalleled. Mr. Luu and Mr. Ghosn conduct oversight to ensure corrections are accurate and complete. This control and quality assurance ensures plans are thoroughly reviewed, concise, and based on the most current codes and regulations. Mr. Luu and Mr. Ghosn are key assets for VCA and the City.
3. Meeting Turnaround Times: VCA will comply with the City's turnaround times, and we are happy to work with the City on any unique circumstances. With our proprietary tracking software and centralized personnel, the progress and whereabouts of plans are transparent resulting in efficient time management and in-house collaboration on technical topics. VCA recognizes time lines may require adjustment due to factors such as scope size and intricacy in order to uphold customer satisfaction, in which case VCA will attain proper approval from the City. . . Subsequent Plan Review Services Initial Review 2nd Review .
Standard Plan Review
Expedited Review (1/2 Time)
Important Notes:
10 working days
5 working days
5 working days
5 work ing days
1. All turnaround times may be negotiated depending on size of scope.
2. VCA Code will comply with all local amendments provided by the City.
3. VCA will provide plan review services expeditiously based on City requests .
Reviews
5 working days
5 working days
4. Recheck Procedure: Plans returned for second and/or third reviews are typically given to the original plan reviewer . The benefits are threefold: 1) their familiarity with the project saves time and money in approving corrections, 2) this helps expedite the review process for applicants, and 3) conversations with applicants are more consistent.
5. Virtual Awareness: VCA created a virtual board, similar to a flight status board at airports to openly display all plans, due dates, and progress. This board is monitored by all plan checkers, our manager, and the Plan Check Director .
Today ls Total Plans in House :
1 !
'A 1E Sub# Plan ID PC Nurnber Job Address i gency i nip MON NS 3 34769 2021-343 361 Norumbega
LB GH 1 34839.... BRMO263 ... 3360 E 68th St
LB GH 1 34840.... BRMD263 ... 3360 E 68th St
COR SD 135403 B21-04375 810 Ford Street
COR SD 1 35404 821-04362 810 Ford Street
MB NS 135229 BLDR-21-... 1530 9th St
WHO JK 2 35294 E21-0369 9041 NemoSt
WHO JK 2 35295 M21-0270 9041 Nemo St
!Rec'vd Due
11/8 11/15
11/8 11/15
11/8 11/15
10/28 11/15
10/28 11/15
10/1 11/15
11/8 11/16
11/8 11/16
Days
Till Due
7 7
6. Tracking Plans: Pertinent data is entered into our custom tracking system and a barcode is generated, allowing VCA to monitor plan check activities, the number of reviews, the number of hours, fees, and add any information received from the City or applicants. Any requested data is easily relayed back to the City.
Project Approach/Methodology
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 13 13-40
- I leade~hl~ Se,vlce. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
7. Deferred Submittals and Revisions: Our plan checkers will review deferred submittal items and any revisions before or during construction .
8. Other: VCA's staff will:
• Consolidate comments from various City departments, resolve internal inconsistencies, and present recommendations and revisions to the applicants . • Maintain communications with applicants and staff from the Building Division and other City departments. Respond to inquiries about projects from applicants. • Utilize City electronic and paper files to research previous and/or related permits. • Be available during an emergency or natural disaster to assist the City with inspection services.
VCA has certified disaster specialists.
• Participate in reviews with technical consultants, health and other government agency inspectors, City staff, and owners .
• Acknowledge that all documentation will become the property of the City of Newport Beach.
9. Pickup and Delivery of Plans: At no cost to the City, VCA will arrange shipping and courier services. Our plan checkers are available Monday through Friday between 8:00 a.m. to 5:00 p.m.
Our company policy states all phone calls and emails are to be returned as soon as possible but absolutely within 24 hours.
In contrast to other consultants, VCA has a dedicated in-house recruiting team knowledgeable of the industry who will connect with the City, determine needs, and provide the best contract staff to serve the City of Newport Beach through the follow ing:
1. Candidate Qualifications: VCA will only provide candidates that meet the minimum City requirements. Regarding pre-screening, VCA meets each candidate in person, evaluates them about their knowledge of either inspection, plan check, or permitting requirements. VCA also confirms certifications or licenses, and runs any background checks required, or coordinates with the City's live scan process.
2. Screening Candidates: VCA complies with all State and Federal employment laws. Our recruiting staff meet face-to-face or through Zoom to determine the best qualified and best fit candidates are presented to the City. VCA shall comply with any City requirements including reference checks, fingerprints, and background checks, coordination of live scans, scheduling meetings with police departments or other entities to run the required background check.
3. Notification of Changes: VCA understands that timing matters when it comes to providing qualified contract staff for a jurisdiction . VCA shall promptly notify the City of any changes in personnel prior to award of a contract between City and the VCA. Should any personnel be reassigned prior to the award, VCA shall present the resumes of highly qualified replacements for any function affected.
4. Staff Stability for the City: Employee turn-over is detrimental to both cities and consultants. VCA proudly provides benefits to help our employees take care of themselves and their families. We pay for medical, dental, vision, and a 401(k) plan to assist with their retirement. We also pay for the same holidays that city employees get, as well as vacation and paid sick days. These benefits help promote a stable and secure workforce which greatly benefits the City with contract employees who are dedicated and committed to the cities they serve. 14 Project Approach/Methodology
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 ) 714.363 .4700 13-41
EXHIBIT B
SCHEDULE OF BILLING RATES
The Code Group, Inc. OBA VCA Code Page B-1 13-42
11!1 I
Leadership. Service. Commitment.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
Cost File
Our firm provides on-site Building Plan Review, Structural Review, Building Inspection, and Permit Technician services.
Outsourced Plan Review Fees
For plan review services, the first three plan checks are included in the initial percentage fee rate and will be billed on the first check. Subsequent checks after the third review will be billed hourly. Hourly plan review is charged at a minimum of two (2) hours. VCA will arrange pick-up and delivery of plans at no additional cost to the City. VCA will provide plan check review services expeditiously at the request of the City.
Full Plan Check
Percentage of Fees Collected ............................................................................................ 70% Hourly Rate ........................................................................ .......................................... $115.00 Expedited Plan Check
Percentage of Fees Collected Including Expedited Fee .................................................... 70% Hourly Rate .................................................................................................................. $130.00 Non-Structural Plan Check
Percentage of Fees Collected ............................................................................................ 50% Structural Plan Check
Percentage of Fees Collected ................................................. ........................................... 60% Hourly Rate ....................................................................................... ........................... $115.00 MEP Plan Check
Percentage of Fees Collected ............................................................................................ 50% Hourly Rate ....................................................................................... ........................... $115.00 Fire Plan Check
Percentage of Fees Collected ............................................................................................ 60% Hourly Rate ................ .................................................................................................. $125.00 VCA Code I 1845 W . Orangewood Ave., #210, Orange , CA 9"2868 I 714.363.4700 1 13-43
- I Leadecsh;p. Sec,;ce. Comm;tmeot.
City of Newport Beach RFP No. 22-45
Building Plan Review and Inspection Services
Code
Compensation rates for staffing will depend on function and experience and are determined by an agreement between the City and VCA.
Contract Staff Hourly Rates (On-site)
Job Title / Function
Building Inspector
Sr./ Combination Inspector
Permit Technician
Sr. Permit Technician
Building Plans Examiner
Fire Plans Examiner
Plan Check Engineer
Licensed Structural Engineer
Additional Staffing Hourly Rates
Job Title/ Function
Grading Inspector/ Soils Inspector
CASp Services
Supervisor for Permit Tech/ Counter Services
Code Enforcement Officer
Code Enforcement Supervisor
CALGreen Inspector / Manager Services
City Planner/ Project Manager/ Planning
Manager
Senior Planner/ Principal Planner
Zoning Administrator
Associate Planner
Assistant Planner/Counter Services
Planning Technician/ Assistant
Administrative Personnel
Client Consultation at City Hall (CBO/Sr.
Management)
Building Official
Hourly Rate (OT=l.Sx)
$75.00 to $85.00
$85.00 to $95.00
$65.00 to $75.00
$70.00 to $80.00
$115.00 to $130.00
$120.00 to $130.00
$120.00 to $145.00
$140.00 to $155 .00
Hourly Rate (OT=l.Sx)
$95.00 to $115.00
$145.00 to $155.00
$95.00 to $115.00
$70.00 to $85.00
$85.00 to $95.00
$105.oo I $135.oo
$175.00 to $195.00
$145.00 to $165.00
$125.00 to $145.00
$105.00 to $135.00
$90.00 to $105.00
$70.00 to $85.00
$55.00 to $65.00
$145.00 to $195.00
$140.00 to $175.00
Note: VCA charges the current IRS Mileage Rates for traveling to and from job sites. Mileage shall not be charged to the City when traveling to work onsite at City Hall, picking up or dropping off plans when working off-site, or when using City provided transportation. \/CA Code I 1845 \/If. Orangewood Ave., lt210, Orange, CA 92858 I 714.363.4700 2 13--44
EXHIBIT C
INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this The Code Group, Inc. OBA VCA Code Page C-1 13-45
Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
The Code Group, Inc. OBA VCA Code Page C-2 13-46
A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the The Code Group, Inc. OBA VCA Code Page C-3 13-47
Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
I. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
The Code Group, Inc. OBA VGA Code Page C-4 13-48
Name: The Code Group, Inc. dba VCA Code J!,.
Accouni Number: FV00000453
Address: 1845 W Orangswood Avenue. Suite 20, Orange, CA, 92868 Status: Currentl)' in Compliance.
Account lniormation
Account Number: FV00000453
Profession a[ Services Agreement
u Address Updated:
Address Information
Mailing Address Physical Address
Insured: The Code Group, Inc. dba VGA Code
Address I: ·1845 IN. Orangewood Avenue. Suite 20
Address 2:
City Orange
Slate: CA
; Zip: 92868
Cou ntr:✓:
Contract lnfonnation
Contract Number:
Contract Start Daie: 06128/2022 Contract End Date: 06/3012025 Contract Effective Date: 06128i2022 Contract Expiration Date: 06/30.12025 13-49
= CITY OF============
NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Chris Miller, Public Works Administrative Manager - 949-644-3043, [email protected]
TITLE: Memorandum of Agreement with the City of Long Beach Acting By and Through the Port of Long Beach Board of Harbor Commissioners Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project
ABSTRACT:
The federal government, via the U.S. Army Corps of Engineers, is planning a dredging project within Newport Harbor. The City of Newport Beach, acting as the local sponsor for the project, is responsible for identifying a disposal location for dredged material that is deemed unsuitable for open ocean disposal. To that end, the City certified an Environmental Impact Report to construct a Confined Aquatic Disposal site within Newport Harbor and obtained the necessary entitlements to place the dredged material within that site. However, the project was paused while the U.S. Army Corps of Engineers refined its environmental analysis. In the meantime, City staff continued to look for an alternative disposal solution in addition to the planned Confined Aquatic Disposal.
As a result, an opportunity to dispose unsuitable material within the Port of Long Beach's Pier G Slip Fill Project emerged, and the City and the U.S. Army Corps of Engineers are now preparing to use this alternate disposal site. Therefore, the Port of Long Beach requires a Memorandum of Agreement with the City prior to the disposal of dredged material from Newport Harbor in the Pier G Slip Fill Project.
RECOMMENDATIONS:
a) Find that, pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, the certified Environmental Impact Report for the Piers G and J Terminal Redevelopment (SCH No. 2000-021021) addressed all environmental impacts associated with the City of Newport Beach entering into this Memorandum of Agreement, that there are no new or more severe impacts beyond those analyzed in that document, and, as a result, no further environmental review is required by CEQA;
b) Approve and execute the Memorandum of Agreement with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners authorizing disposal of Lower Bay dredged material into the Port's P ier G Slip F ill Project; and
14-1
Memorandum of Agreement with the City of Long Beach Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project January 14, 2025
c) Authorize the City Manager or her designee to execute any future amendments or agreements with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners as related to the disposal of Lower Bay dredged material to ensure the City of Newport Beach meets the strict delivery schedule imposed by the Port.
DISCUSSION:
Newport Harbor is one of the largest recreational harbors in the United States. Natural processes of storm water and erosion flowing into the harbor, primarily from San Diego Creek, result in the movement and accumulation of sediment which must be periodically dredged to maintain the federally authorized channel depths for safe navigation. The Federal Channels extend from the Entrance Channel to the Turning Basin (adjacent to the Newport Boulevard Bridge), and from the east anchorage between Bay Island and Lido Isle to the Marina Park area. These channels are the responsibility of and are maintained by the federal government via the U.S. Army Corps of Engineers (USAGE).
In 2022, the City contributed $10 million towards the Confined Aquatic Disposal (CAD), representing approximately 50% of the overall cost. USAGE has funded the remaining 50% of the CAD, and continues to seek additional funds through the USAGE federal work plan request process.
Sediment studies are conducted to evaluate disposal options as required by the regulatory and resource agencies. The recent sediment sampling effort conducted in September 2024 determined that most of the material (745,000 cubic yards) in Newport Harbor is suitable for disposal at the federally authorized ocean disposal site located six miles from the Entrance Channel. The remaining material (approximately 191,000 cubic yards) is unsuitable for open ocean disposal; therefore , it is the City's responsibility as the local sponsor to identify a disposal location.
In 2021, the City determined that construction of a CAD in Newport Harbor was the most feasible and cost-effective option available at the time for disposal of unsuitable material.
Therefore, the City Council certified Environmental Impact Report (EIR) No. EIR2021-001 , and all entitlements were secured for the CAD in 2022 and 2023.
However, in 2023, USAGE suspended the City's CAD permit so USAGE could refine its federal environmental analysis .
In the meantime, City staff initiated discussions with the Port of Long Beach (POLB) to explore disposal options within its Pier G Slip Fill Project (Pier G Project). The Pier G Project includes the reconfiguring of the Pier G South Slip, which requires filling an existing container ship slip to create more land-based storage.
The POLB and the terminal operator tenant had originally planned that 100% of the required fill material for the Pier G Project would be from existing locations within the port complex with no external sources of material required to complete the Pier G Project.
However, earlier this year after further discussion with the POLB, the POLB agreed to provide capacity of up to 225,000 cubic yards of material from Newport Harbor within the Pier G Project. This is a strategically unique opportunity for the City, and it represents an ideal option for material disposal that was otherwise not available. 14-2
Memorandum of Agreement with the City of Long Beach Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project January 14, 2025
For reference, in 2011 and 2012, the POLB and the City collaborated in the same manner when the POLB's Middle Harbor Fill Project was underway. Material from the City's Rhine Channel as well as material from Phase I of the Lower Bay Federal Dredging Project was disposed at the POLB via daily tugboat and disposal scow round trips. This same process will be used to deliver material from the current Lower Bay Project to the Pier G Project.
The POLB has obtained all necessary regulatory agency approvals for the Pier G Project to be used as a placement site for the Newport Bay material. However, before disposal can commence, the POLB requires a Memorandum of Agreement (MOA) to be executed between the two parties. Should the City Council approve the MOA, the POLB Harbor Commissioners will consider approval and execution at their January 27, 2025 meeting.
The attached agreement has been reviewed and approved as to form by the City Attorney's Office, and the deal points therein are considered reasonable to both parties.
It is noted, however, that timing is critical. The disposal window to transport material to the POLB is extremely tight, with a current delivery timeline between approximately May 2025 to October 2025, or until an underwater containment dike at Pier G precludes safe navigation for the tugboat and disposal scow. Therefore, the City and USAGE are diligently working together to ensure that project planning is completed on time, and the project is bid and awarded with dredging commencing approximately May 2025.
Currently, the project is positively tracking towards those goals. However, should this alternative disposal at the POLB not materialize or fall short of the disposal goals, the City would resume efforts to continue proceeding with the original CAD option.
FISCAL IMPACT:
The Lower Bay Dredging Project is estimated to cost approximately $20 million. Of this amount, approximately $10 million will be paid by the federal government which is also seeking additional funds via the USAGE federal work plan requests. In 2022, the City contributed $10 million, which was expensed to the Tidelands Capital Fund in the Public Works Department, Account Nos. 10101-980000-18H07 and 10101-980000- 22H07. The Tidelands Capital Fund was created to allow for the sequestration of incremental increases from tidelands rent adjustments solely to finance critical in-harbor capital improvements like seawall repairs, piers and dredging. The City's contributed funds are currently with USAGE and are immediately available.
In addition, the County has expressed interest in, but has not yet committed to, contributing approximately $2 million to reimburse the City for dredging within County tidelands. The City will commence negotiations with the County after the project has been awarded and is in progress.
ENVIRONMENTAL REVIEW:
Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines), when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
14-3
Memorandum of Agreement with the City of Long Beach Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project January 14, 2025
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
1. The project will have one or more significant effects not discussed in the previous EIR;
11. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The POLB certified the Environmental Impact Report EIR for the Piers G and J Terminal Development (SCH No. 2000-021021), which is attached hereto as Attachment B and incorporated herein by reference.
The EIR was prepared in compliance with California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the CEQA Guidelines.
The EIR analyzed the potential impacts of the Pier G Project which consists of filling an existing container ship slip to create more land-based storage with 2,550,000 cubic yards of dredged material. Inclusion of as much as 225,000 cubic yards of dredged material from the USAGE project within the Pier G Project does not result in a substantial change to the project that will require major revisions to the EIR, does not result in substantial changes to the circumstances under which the project is undertaken that would require major revisions to the EIR, nor constitute new information. Therefore, in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, the adoption of the MOA does not require additional environmental review. 14-4
Memorandum of Agreement with the City of Long Beach Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project January 14, 2025
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Memorandum of Agreement with the Port of Long Beach Attachment B - Web Link to Environmental Impact Report for Piers G & J Terminal Development (SCH 2000-021021)
14-5
ATTACHMENT A
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS
BOARD OF HARBOR COMMISSIONERS
AND THE CITY OF NEWPORT BEACH
THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into, in duplicate, as of the date executed by the Chief Executive Officer of the Long Beach Harbor Department ("Chief Executive"), by and between the CITY OF LONG BEACH, a California municipal corporation and charter city, acting by and through its Board of Harbor Commissioners ("Port") pursuant to authority granted by said Board at its meeting of _____ , 202_ ; and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City").
RECITALS:
WHEREAS, the Port owns land and water areas within the City of Long Beach Harbor District known as Pier G;
WHEREAS the Port is undertaking a project that will, among other things, reconfigure the Pier G South Slip ("the Project"), as depicted in Exhibit "A" attached hereto; WHEREAS, the Port anticipates it will satisfy most of its fill material needs from materials generated by the Project, but in the interest of advancing the regional policy of encouraging the beneficial reuse of dredge material, the Port will endeavor to accept dredge material from sources other than the Port by allowing that material to augment the Port's fill material needs;
WHEREAS any import of fill material from outside the Project limits or the City of Long Beach Harbor District shall be subject to the Port's fill material criteria, as well as the logistical, technical, and environmental requirements of the Project, and must comply with all applicable laws, rules, regulations, requirements, licenses, permits, and orders, as may be amended from time to time;
WHEREAS, the City is a grantee of state tidelands and desires to dredge and remove approximately 225,000 cubic yards of material from the Lower Newport Bay channels ("Newport Bay Material");
01754706 .DOCX
MEMORANDUM OF AGREEMENT [1 2-05-2024]
1 A24-03370
PIER G SLIP FILL - CITY OF NEWPORT BEACH [SNUarh]
14-6
WHEREAS, while the City is the local, non-federal sponsor for the Lower Newport Bay Maintenance Dredging Project and holds the responsibility for providing a disposal location for the dredged material, the dredging contract will be managed and executed by the U.S. Army Corps of Engineers, Los Angeles District, through the authority granted in the Rivers and Harbors Act of 1945 authorizing the Newport Bay Harbor federal project; WHEREAS, some of the Newport Bay Material has been determined by regulatory agencies to be unsuitable for unconfined open ocean disposal ; WHEREAS, the Project is available for placement of unsuitable material, and the Port and City desire to use the Project site for the placement of the Newport Bay Material; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter contained, the Port and City agree as follows:
1. The above recitals are true and correct.
2. The Port has obtained all necessary regulatory agency approvals for the Project to be used as a placement site for the Newport Bay Material.
3. The Port shall allow the City, without any further agreement , permit , or easement from the Port, to place up to 225,000 cubic yards of Newport Bay Material at the Project site. The Port shall not impose any fee or charge, or otherwise require any payment from the City, for placement of that material. The City's placement of dredge material shall be subject to all applicable conditions imposed by the aforement ioned regulatory agencies .
4. In the event that the funding for the City's dredging project is insufficient, or if for any other reason, the City cannot deliver some or all of the 225,000 cubic yards of Newport Bay Material to the Project, the Port will be solely responsible for making up any deficit with its own material, and the Port shall hold the City harmless from any costs incurred by the Port as a result, thereof.
5. The City recognizes that time is of the essence in the Project schedule and agrees to place the Newport Bay Material at the Project at the locations and within the time frames specified by the Port. It is agreed by the City that placement of the Newport Bay Material shall be completed before the elevation in the Project fill reaches -10 feet Mean Lower Low Water. If the City cannot deliver the Newport Bay Material to the Project within the time frame specified by the Port, or if the City shall seek other disposal options, this Agreement shall be automatically terminated, and the City shall hold the Port harmless with respect to any costs incurred by the City as a result of such termination. 01754706 .DOCX
MEMORANDUM OF AGREEMENT [12-05-2024]
2 A24-03370
PIER G SLIP FILL - CITY OF NEWPORT BEACH [SNUarh]
14-7
6. The City agrees to indemnify, defend and hold harmless the Port and its agents, officers and employees ; from and against any and all liability ; expense ,including defense costs and legal fees and claims arising from the City's placement of Newport Bay Material and performance of its obligations under this Agreement The obligations assumed by the parties in this section shall survive the termination of this Agreement, whether by expiration or otherwise.
7. Any notice, demand, request or formal communication required or authorized by this Agreement to be given or made to or upon either of the parties to this Agreement shall be deemed properly given or made if delivered, by registered mail postage prepaid, or email to each of the following :
Port:
Port of Long Beach
Attn: Deepen Upadhyay, Senior Program Manager
P.O. Box 570
Long Beach, CA 90801
Deepen. Upadhyay@polb .com
City:
City of Newport Beach
Public Works Department
Attn: Chris Miller
100 Civic Center Drive
Newport Beach, CA 92660
cmiller@newportbeachca .gov
8. This Agreement shall terminate upon the occurrence of either: ( 1) the successful completion of the proposed construction project using the Project as the placement site for the Newport Bay Material; or (2) the commencement of the placement of the Newport Bay Material at a site other than the Project. The foregoing notwithstanding, either party hereto may terminate this Agreement for a material breach of this Agreement by giving written notice to the other party ninety (90) days prior to the effective date of such termination .
01754706 .DOCX
MEMORANDUM OF AGREEMENT [12-05-2024]
[Signatures on following page]
3 A24-03370
PIER G SLIP FILL - CITY OF NEWPORT BEACH [SNUarh]
14-8
_________ _ , 2024 By:
Name:
Title:
, 2024 By:
Name:
Title:
__________ ,2024 By:
Name:
Title:
_________ , 2024 By:
Joe Stapleton
Mayor
CITY OF NEWPORT BEACH, a municipal
corporation
CITY OF LONG BEACH, a municipal
corporation, acting by and through its
Board of Harbor Commissioners
Mario Cordero
Chief Executive Officer
Long Beach Harbor Department
The foregoing document is hereby approved as to form.
_________ , 2024 By:
4 01754706.DOCX
MEMORANDUM OF AGREEMENT (12--05-2024]
DAWN MCINTOSH, City Attorney
Sudhir N. Lay, Deputy
A24-0J370
PIER G SLIP FILL - CITY OF NEWPORT BEACH [SNUamJ
14-9
D ong Beach
Long&eachOii.posal .mxd
EXHIBIT A
Port of Long Beach
Pier G Slip Fill Project
Decemb@r 2024
14-10
Attachment B - Environmental Impact Report for Piers G & J Terminal Development (SCH 2000-021021) files located within the following link:
https://polb .com/documents /#ceqa-nepa
14-11
15-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
January 14, 2025
Agenda Item No. 15
CONSENT ITEMS:
ITEM NO. 1 MINUTES OF DECEMBER 5, 2024
SUMMARY: Draft minutes from the December 5, 2024, meeting of the Planning Commission.
The Planning Commission approved the minutes, with edits, by the following vote:
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene and Salene NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved
PUBLIC HEARING ITEMS:
ITEM NO. 2 PACIFICA CHRISTIAN HIGH SCHOOL USE PERMIT (PA2023-0237) Site Location: 1499 Monrovia Avenue, 883 West 15th
Street, 1515 Monrovia Avenue, 873 to 877 Production Place
SUMMARY: Pacifica Christian currently operates a high school and auxiliary campus with a maximum student enrollment of 385 and a maximum staff of 50. To provide adequate parking for students and staff, Pacifica Christian has off-site parking agreements with two pro perties within the vicinity of the school. The school and off -site parking agreements are authorized pursuant to the Conditional Use Permit (CUP) filed as PA2023-0078. Condition of Approval No. 16 of the CUP requires the off-site parking location of 873 to 877 Production Place be used only for warehousing and administrative offices and prohibits students from using or accessing the site. The Applicant is requesting that the condition be amended to remove the prohibition on students accessing the site and allow it to be used as an athletic training facility for student athletes, rather than warehousing. While students will be allowed to access the site for after school athletic training purposes, no students will park at the site and no school instruction will occur. In addition to the athletic training facility, the site will continue to provide administrative offices and parking for Pacifica Christian staff. If approved, this CUP would supersede the CUP filed as PA2023-0078.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, Deputy Community Development Director - 949-644- 3209, [email protected]
TITLE: Planning Commission Agenda Report for January 9, 2025 Planning Commission Agenda Report for January 9, 2025
January 14, 2025
15-2
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSENT: None
RECUSED: None
ACTION: Approved as amended
ITEM NO. 3 TTC NEWPORTER (PA2023-0091)
Site Location: 1111 and 1107 Jamboree Road
SUMMARY: A request for a conditional use permit (CUP) and coastal development permit (CDP) to restripe six existing tennis courts into 22 pickleball courts for a private pickleball club, known as the TTC Newporter. The project also includes minor improvements to the parking lot on the adjacent hotel property located at 1107 Jamboree Road to accommodate the required parking spaces. The proposed hours of operation are between 8:00 a.m. and 8:30 p.m., daily. The request includes a traffic study pursuant to Chapter 15.20 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code (NBMC) as the project will generate a net increase of over 300 average daily trips.
No changes are proposed to the existing tennis courts on the adjacent Palisades Tennis Club.
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSENT: None
RECUSED: None
ACTION: Approved
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address January 09, 2025 - Planning Commission Meeting
1 Pacifica Christian Use
Permit Amendment
Public Hearing Joselyn Perez District 2PA2023-0237 MORE INFO1499 MONROVIA AVE 2 TTC Newporter Pickeball Public Hearing Jenny Tran District 4PA2024-0091 MORE INFO1111 JAMBOREE RD January 14, 2025 - City Council Meeting
1 General Plan Update Consent - Amend Rules of Procedures for GPAC/GPUSC
Benjamin Zdeba CitywidePA2022-080 MORE INFO1 CITYWIDE PROJECT 2 VCA Code for Building
Safety Related Services
Amendment to Professional Services
Agreements for The Code Group dba
VCA Code
Tonee Thai District 5PA2024-0225 MORE INFO1 CITYWIDE PROJECT January 16, 2025 - Zoning Administrator Meeting
1 1526 Placentia Ave.
Apartments
Public Hearing Oscar Orozco District 2PA2023-0053 MORE INFO1526 PLACENTIA AVE 2 Helmsman Ale House CDP
& LTP
Public Hearing David BlumenthalPA2023-0227 MORE INFO2920 NEWPORT BLVD, D 3 The Place LTP Public Hearing David BlumenthalPA2023-0230 MORE INFO2920 COAST HWY E The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address January 23, 2025 - Planning Commission Meeting
1 3300 Irvine Avenue Site
Development Review and
CUP
Public Hearing Daniel Kopshever District 3PA2024-0070 MORE INFO3300 IRVINE AVE 2 HO Overlay Amendments Public Hearing Rosalinh Ung District 5PA2024-0205 MORE INFO1 CITYWIDE PROJECT January 28, 2025 - City Council Meeting
1 Balboa Yacht Basin
Redevelopment
Lease Agreement with Basin Marine -
Consent
Lauren Wooding District 5RP2024-0003829 HARBOR ISLAND DR 2 License Agreement with
University of California
Consent Lauren Wooding District 1RP2024-00111 NEWPORT PIER January 30, 2025 - Zoning Administrator Meeting
1 Cappy's Cafe CDP/MUP Public Hearing Jenny Tran District 1PA2023-0191 MORE INFO5930 COAST HWY W 2 Clarke Residence CDP Public Hearing Jerry Arregui District 5PA2024-0118 MORE INFO127 HARBOR ISLAND RD 3 Sixt Rent a Car LTP Public Hearing Daniel Kopshever District 3PA2024-0209 MORE INFO4200 BIRCH ST February 06, 2025 - Planning Commission Meeting - Cancelled The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address February 11, 2025 - City Council Meeting
1 Christian Residence CDP
& Council Policy L2 Waiver
Public Hearing Jerry Arregui District 1PA2024-0105 MORE INFO3601 LAKE AVE February 13, 2025 - Zoning Administrator Meeting
1 Bayshore Cafe & Lounge
Hours Increase
Minor Use Permit Laura Rodriguez District 2PA2024-0132 MORE INFO100 COAST HWY W February 20, 2025 - Planning Commission Meeting
February 20, 2025 - ALUC Meeting
1 HO Overlay Amendments Public Hearing - HO Overlay
Amendments Consistency Determination
Rosalinh Ung District 5PA2024-0205 MORE INFO1 CITYWIDE PROJECT February 25, 2025 - City Council Meeting
February 27, 2025 - Zoning Administrator Meeting
March 06, 2025 - Planning Commission Meeting
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address March 11, 2025 - City Council Meeting
1 HO Overlay Amendments Public Hearing - HO Overlay
Amendments Introduction
Rosalinh Ung District 5PA2024-0205 MORE INFO1 CITYWIDE PROJECT March 13, 2025 - Zoning Administrator Meeting
March 20, 2025 - Planning Commission Meeting
March 25, 2025 - City Council Meeting
1 HO Overlay Amendments Consent - HO Overlay Amendments Second Reading
Rosalinh Ung District 5PA2024-0205 MORE INFO1 CITYWIDE PROJECT March 27, 2025 - Zoning Administrator Meeting
April 03, 2025 - Planning Commission Meeting
April 08, 2025 - City Council Meeting
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address Director or ZA Level Actions
1 Genesis Automobile Staff
Approval
Administrative Action. Staff Approval Jenny Tran District 2PA2024-0153 MORE INFO410 COAST HWY W Hearing Date to be Determined
1 Cappy's Cafe CDP/MUP Jenny Tran District 1PA2023-0191 MORE INFO5930 COAST HWY W 2 Saunders Self Storage Liz Westmoreland District 3PA2023-0145 MORE INFO3848 CAMPUS DR 3 Snow Residence
Condominiums
TPM/CDP/Conversion
Jerry Arregui District 1PA2023-0147 MORE INFO400 40TH ST 4 Tracy Residence Variance Jenny Tran District 6PA2023-0200 MORE INFO1020 WHITE SAILS WAY The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Project title Plan # Staff Assigned Status DistrictActivity Address Pending Coastal Commission
1 Coastal Act 30613 CDP
Jurisdiction Change
City Project Jaime Murillo CitywidePA2022-111 MORE INFO1 CITYWIDE PROJECT 2 Commercial Parking
Requirements
LCP Amendment Benjamin Zdeba CitywidePA2021-104 MORE INFO1 CITYWIDE PROJECT 3 Dawson Residence CDP
Appeal
Private Project David Lee District 6PA2022-0315 MORE INFO2741 OCEAN BLVD 4 Housing Element
Implementation Program
Amendments
LCP Amendment Benjamin Zdeba District 5PA2022-0245 MORE INFO1 CITYWIDE PROJECT 5 Mooring Field C
Optimization Pilot Project
Hearing Pending Paul Blank District 5PA2024-0139 MORE INFO1 CITYWIDE PROJECT 6 Municipal Code Clean Up LCP Amendment Jaime MurilloPA2022-0219 MORE INFO1 CITYWIDE PROJECT 7 Short-Term Lodging
Amendment
LCP Amendment Jaime MurilloPA2023-0116 MORE INFO1 CITYWIDE PROJECT 8 Small Cell Telecom Appeal Private Project Benjamin Zdeba CitywidePA2019-113 MORE INFO3714 LAKE AVE 9 Special Flood Hazard Area
(VE) Overlay
LCP Amendment Liz Westmoreland District 1PA2018-075 MORE INFO1 CITYWIDE PROJECT 10 Tennis and Pickleball Club
of Newport Beach
LCP Amendment David Lee CitywidePA2021-260 MORE INFO1602 COAST HWY The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
Tentative Agenda Report - 01/05/2025 to 04/08/2025
City of Newport Beach
Planner Contact Information
Name & Title Phone Email
[email protected] Zdeba, Planning Manager [email protected] Younger, Planning Technician [email protected] Campagnolo, Systems and Administration Manager [email protected] Kopshever, Assistant Planner [email protected] Blumenthal, Contract Planner [email protected] Lee, Senior Planner [email protected] Murillo, Deputy CDD Director [email protected] Miclat, Planning Technician [email protected] Sommers, City Traffic Engineer [email protected] Tran, Associate Planner [email protected] Arregui, Assistant Planner [email protected] Perez, Planner, Senior [email protected] Benalcazar, Planning Technician [email protected] Rodriguez, Planning Technician [email protected] Wooding, Real Property Administrator [email protected] Westmoreland, Senior Planner [email protected] Whelan, Assistant Planner [email protected] Orozco, Assistant Planner [email protected] Ung, Principal Planner (PT) [email protected] Jurjis, Assistant ACM/CDD Director [email protected] Thai, Deputy CDD Director & Building Official The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 9, 2025
REGULAR MEETING - 6:00 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
Ill. ROLL CALL
IV. PUBLIC COMMENTS
January 14, 2025
Agenda Item No. 15
Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF DECEMBER 5, 2024
Recommended Action: Approve and file
VII. PUBLIC HEARING ITEMS
Speakers must limit comments to three (3) minutes on all items . Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted , you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing .
ITEM NO. 2 PACIFICA CHRISTIAN HIGH SCHOOL USE PERMIT (PA2023-0237) Site Location: 1499 Monrovia Avenue, 883 West 15th Street, 1515 Monrovia Avenue, 873 to 877 Production Place
Summary:
Pacifica Christian currently operates a high school and auxiliary campus with a maximum student enrollment of 385 and a maximum staff of 50. To provide adequate parking for students and staff, Pacifica Christian has off-site parking agreements with two properties within the vicinity of the school. The school and off-site parking agreements are authorized pursuant to the Conditional Use Permit (CUP) filed as PA2023-0078 . Condition of Approval No. 16 of the CUP requires the off-site parking location of 873 to 877 Production Place be used only for warehousing and administrative offices and prohibits students from using or accessing the site. The Applicant is requesting that the condition be amended to remove I of 3
the prohibition on students accessing the site and allow it to be used as an athletic training facility for student athletes, rather than warehousing. While students will be allowed to access the site for after school athletic training purposes, no students will park at the site and no school instruction will occur. In addition to the athletic training facility, the site will continue to provide administrative offices and parking for Pacifica Christian staff. If approved, this CUP would supersede the CUP filed as PA2023-0078.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has not potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2025-001 approving the Conditional Use Permit filed as PA2023-0237 and superseding the Conditional Use Permit filed as PA2023-0087.
ITEM NO. 3 TTC NEWPORTER (PA2024-0091)
Site Location: 1111 and 1107 Jamboree Road
Summary:
A request for a conditional use permit (CUP) and coastal development permit (CDP) to restripe six existing tennis courts into 22 pickleball courts for a private pickleball club, known as the TTC Newporter. The project also includes minor improvements to the parking lot on the adjacent hotel property located at 1107 Jamboree Road to accommodate the required parking spaces . The proposed hours of operation are between 8:00 a.m. and 8:30 p.m., daily. The request includes a traffic study pursuant to Chapter 15.20 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code (NBMC) as the project will generate a net increase of over 300 average daily trips. No changes are proposed to the existing tennis courts on the adjacent Palisades Tennis Club.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and under sections 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2025-002 approving a Conditional Use Permit, Coastal Development Permit, and Traffic Study filed as PA2024-0091.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
2 of3
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
3 of3
= CITY OF============
NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
lbrown@newportbeachca .gov
PREPARED BY: Jennifer Farris, Assistant City Clerk - 949-644-3006, jfarris@newportbeachc a.gov
TITLE: Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and Recreation Commission
ABSTRACT:
Due to Sara J. Weber being elected as the Councilmember for District 7 for the City of Newport Beach, the City Council has the opportunity to fill the vacant position on the Parks, Beaches and Recreation Commission pursuant to the City Charter, City Council Policy A-2 (Boards, Commissions and Committees), and the Maddy Act.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and
b) Confirm nominations of Kelly Denner and Travis Pirdy to fill the vacancy on the Parks, Beaches and Recreation Commission.
DISCUSSION:
Sara J. Weber was appointed to the Parks, Beaches and Recreation Commission (PB&R) on August 27, 2024, for a term that expires on June 30, 2025. However, after being elected to serve as the Councilmember for District 7, she resigned from her position on PB&R.
In compliance with City Council Policy A-2 and the Maddy Act, the City Clerk prepared and posted a Notice of Unscheduled Vacancy on Tuesday, November 26, 2024, in the City Clerk's Office, at the Central Library, on the bulletin board in the City Council Chambers, and on the City's website. In addition, the notice was published in the Daily Pilot on Sunday, December 1, 2024. As per the notice, applications were accepted by the City Clerk's Office until noon on Wednesday, December 11, 2024.
Pursuant to City Council Policy A-2, Mayor Joe Stapleton appointed himself, Mayor Pro Tern Lauren Kleiman, and Councilmember Michelle Barto to the Ad Hoc Appointments Committee.
16-1
Appointment of a Parks, Beaches and Recreation Commissioner to Fill an Unscheduled Vacancy
January 14, 2025
At the conclusion of the application period, the applications were forwarded to the ad hoc committee members for their review and interviews were conducted on Friday, January 3, 2025.
Following a review of the applications, the Ad Hoc Appointments Committee recommends the nomination of Kelly Denner and Travis Pirdy. Copies of the applications are attached hereto as Attachment A.
The appointment to PB&R will take place at the Tuesday , January 28, 2025, City Council meeting. The person appointed to fill the unscheduled vacancy on PB&R can apply for the full four-year term (2025-2029) during the annual vacancy process.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A - Applications
16-2
ATTAC HMENT A DEC 5 '2 A 11:51
E..,' CI V CLER S flC
APPLICATION FOR APPOINTIVE POSITION
FOR OFFICE SE ONLY
Residence District No.
Verifi ed by ___ _
CtTV OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, CA 92660
City Clerk (949) 644-3005
Fax (949) 644-3039
DIRECTIONS : One application can be used for all the appoint ive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualificatio s. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outl ining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbea chca.gov (Ci y Government/Boards, Commissions and Committees). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re-submit an application if you are still inter ested in being considered.
NOTICE : Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on t e inte rnet.
NAME oF BOARD, coMMIssI0N oR COMMITTEE: I Parks, Beaches & Recreation Commission Name: I Denner le
(Last) (First) (Middle)
Zip Code: L...19_2_6_6_0 _____ _,
How long have you lived in Newport Beach? 135 years Home/Cell#: _____ _ II Business Phone: I I I I I I I I I I I I I
Email Address: I I
Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? [ii NO D YES (If yes, attach separate sheet with explana ion) NOTICE: Pursuan t to Section 702 of the City Charter , no members of boards or commissions shall hold any paid office or employment in the City government.
Do you currently hold any paid offi ce or employment with the Oty of Newport Beach, includi g but not limited to contracted services? Ii] NO O YES (If yes, attach sep rate sheet with e planalion) If applying for a position on the Finance Comminee, have you ever d clared bankruptcy? liJ NO O YES Please state any past, current or foreseeable future financial interests of any kind that may conflict with the Board, Commission or Committee you are applying for.
n/a
CONTINUE TD PAGE TWO
16-3
Name and Location of Colleges/ Major Degree Last Year
Universities Attended Attended
Stanford University International Relations BA 2011
University of Virginia Darden School of Business Business MBA 2018 Prior or Curre nt Civic Experience (include membership in Office Held Dates of profe ssional, charity or community organization ) (if any) Membership Newport Beach Mayors Youth Council President 2006-2007 (?) St. Mark Presbyterian Church Member 2020-presen t
St. Mark Preschool Board Board member 2024-presen t
Newport Beach Distinguished Citizens Program Participant Oct-Nov 2024 Occupational History. Begin with your present or most recent position. List all positions separately held for the las five years.
Firm or Organization Type of Business Title Dates of Employment Edwards Lifesciences Medical Devices Director, Marketing 2018-present Pacific Investment Management Company (PIMC0) Financial Services HR Generalist 2012-2016 References. Include names of at least two residents of Newport Beach who are not officially connected with the City.
1. Name !Andrew Mase Address ewport Beach PhoneNo. -=rnI]
2. Name I Madison Gilbertson Address W ewport Beach I PhoneNo . ... 1 1111 Summarize why you wish to serve he City of Newpo rt Beach on a board, commission or committee. Include any special qualificat ions you have which are particularly appropriate to the posit ion for which you are applying.
I f7BW up VI Newpo<1 Beach. played AYSO socatr at the paf1ls. ,umped of the pier 1nd <kl the Motts! r "lie as a nlo! GulWd, spent many houls ex~lonng the 1ide pc,ols at l.l.11e CoroN and c,layng ., the waves at &g Corona. I got engaged by the rocks al L11t11 Corona because rry now hu!lband knew that was one ol my favo,te paces. I ha,,e ljlenl many hour> waking and n,mirg alo,g tho Newport Beach shoreh wllere I can dear my mind ind I el cxinne<tod tonatcre lb:lt GuflyQulddy becamea la,ont local.,_pe "11en l frnalydo90ove,ed Its exist not a,..., yeatS &DO. My huoband ondl t<>IJinelywortoutal lrw,e Terrace P8'1< usono lheou.-~ tness OQuipment.
My f•~lfy ard I now li'-9 in he Bklff:s nelghbomood .n aha tMere selfnQ ol Iha Bad Bay 3-4 s a week 1A@ nr@ out on the Bade 8 I trail runl'WIQ_ w&fkifiQ, Of b+kiro And 9f'1IOVW'O the 5t0hl 8nd SOUt'ds ol NJlt.re MJ ,S.yr old daughter isoawpfay,t9 on the sameAYS0 6ela that I once did and my 2.5-yrOld son isenroled n Is ,e,y rn1nu,_,aea~a1Marw Park lhosupconw,g March. II is so special to me 10 Share the se111e 10ve for the outdoors and phvt:IC9l acti~lty wlh my kich. My g,andparentt btneR:~ f,om the wondetful fac.-..lies at the On.ts .-nicwcentor =arid mypartlfl t• :rq liQly to ,:l:ut ~ somahme in the next few years N•wpot1 Botoh ftl full ot roaoobtn and nah,rol l:ooe...-01 for OJI 090~ ond I omporsonoltJ invoclod in on1uri"9 thoto ,oioutoH fociihtioa oro cl~rdod wel for bmihff and people o.f •• •oe• to •llOY I 9..-.u,~,Y ~ lhclit lh• beaches. pau and recreational faal, es are the he.rt of what make Ne\\port Beaeil the very best community to rr,o """' Sid play. These settings 1n wllero memories are n-.ade, lriendshil:s are forged. advonklre is sought and found , connecUons ore mode wit\ naturo. hootb ond bodi,ea ore OKorclood, ond conmunty oomoa togolhor. 811yond my ~• rnow111ian.s ro, jc,n.ng this cxwn~lcn , m, p,otes.sklnel upenance ln both Iha HA space al'ld row medtehno a.ncl comnw:n::aal s.ttatcgy has equ9pcd mo lo bo~ o bolon;;cd poopae..r.-.1 p(llrtpoc:tN'O ord e structutod approach to ded Ion maldrg. t betlev1 my experience w, 1Aar1<tting will lSO be an assot to the convn,Mioc, as we seek to engage the community ,n o vallousoty offerings.
I would conlldc< la pnwege aM en honor to serve on this COBmlSSion Ind appreoata )"Ur a,nslderalon. Please readl OtA ii you would !Ke any other informabon on my bac:tground 01 mowation in applyng for lhs pos,ion .
I certify that all statements made on this application are true and correct :o the best of my knowledge. I have read and understand the duties and responsibilities of he particular position(s) that I am applying for and authori ze he release of this information on the internet , [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY]
I ✓ I Signature 1 ..... K_e_ll_y_D_e_n_n_e_r _____________ _, Date I 12/5/2024 16-4
JUL 9 '24 M8~39
EC' CITY CLER' S OF C
APPLICATION FOR APPOINTIVE POSITION
FOR OFFICE USE ONLY
Residence District No. _:_j_
Verifiedbv -,---'--':-T-'f--'--
CITY OF NEWPORT BEACH
100 Gvic Center Drive
Newport Beach, CA 92660
City Clerk (9491644-3005
Fax (9491644-3039
DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiar ize themselves with the duties and responsib ilities of the posit ion(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www .newportbeachca .gov (City Government/Boards , Commissions and Committees) . App lications will be kept on file for two years for the posit ion( s) applied for. If you are not selected for appo intment during that period of time, it will be necessary for you to re-submit an application if you are still interested in being considered .
NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Counci l shall be from the qual ified electors of the City. This document is a public record and may be posted on the internet .
NAME OF BOARD, COMMISSION OR COMMITTEE: !Parks, Beaches, and Recreation Name: ..... IP_ir_d_y ___________ __, ~ ravis !Lawson
(Last) (First) (Midd le)
ResidenceAddress(requ ired): ..... _____________ ____, Zip Code: .... 19_2_6_6_0 ______ ~ How long have you lived in Newport Beach? .... 13_9_y_e_a_rs ____ _. Home/Cell# : ----------1■ Business Address: Business Phone: I I I I I I I I I I I I I Email Addre~s: -
Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? !ii NO D YES (If yes, attach separate sheet wilh explanation l NOTICE: Pursuant to Section 702 of the City Charter, no members of boards or commissions shall hold any paid office or employment in the City government .
Do you currently hold any paid of ce or employment with the City of Newport Beach, including but not lirni te d to ont racted serv 1 es? liJ NO D YES (If yes, a tach separate sheet with explanation I If applying for a position on the Finance Committee, have you ever decla red bankruptcy? [i] NO O YES Please state any pasl, current or foreseeable future financial Interests of any kind that may conflict with the Board, Commis ion or Committee you are applying for .
None
CONTINUE TO PAGE TWO
16-5
Name and Location of Colleges/ Major Degree Last Year
Universities Attended Attended
University of California, Los Angeles Film BFA 2010
National University Education Credential Present
Prior or Current Civic Experience (include membership in Office Held Dates of professional, charity or community organization) (if any) Membership Occupational History. Begin with your present or most recen position . List all positions separately held for t he last five years.
Firm or Organization Type of Business Title Dates of Employment Irvine Unified School District Education PE Coach/Sub TeachY! 9/01 /19-Present Newport Beach Fire Department Public Safety Ocean Lifeguard 6/01 /01-6/01/22 Corona Del Mar Water Polo Athletics Coach 2/01 /18-3/01/20 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. l Name !Mark Simon Address PhoneNo . - 11111
2 Name !Mark Schulein Phone No.
Summarize why you wish to serve the City of New port Beach on a board, commi ssion or committ ee. Include any special qualifications you have which are parti cularly approp riate to the positi on for which you are applying.
It has occurred to me in this divisive and strange time that it is very easy to be enraged or encouraged depending on what you take in. However . what people fail to see are opportunities of agency to affect positive change as opposed to merely being sidelined as things happen. As someone who has lived in this great city for thirty nine years and worked for it previously for twenty, I see this position as a great opportunity to enchance and improve upon the quality of life we are striving for while preserving these integral parts that make up Newport Beach. I have been fortunate to view the history of our city as an employee , a resident, and someone charged with protecting our visitors. Newport Beach is an incred ible place to live and I believe I can help protect and preserve it.
I cert ify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position !s) that I am applying for and authorize the release of this information on the internet. (BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY1
[Z] Signature Date 17 /8/24
16-6
= CITY OF============
NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005 ,
lbrown@newportbeachca .gov
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Confirmation of Mayor Joe Stapleton's Appointments ABSTRACT:
City Council Policy A-2 (Boards, Commissions and Committees) provides for the mayor to annually appoint individuals, subject to City Council confirmation, to serve on the various City Council/Citizens Committees, Citizens Advisory Committees, and Joint Governmental Committees.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Mayor Joe Stapleton's appointments under City Council Policy A-2, as provided in this staff report.
DISCUSSION:
The following are Mayor Stapleton's appointments and require City Council confirmation:
I. CITY COUNCIL/CITIZENS COMMITTEES (Standing or Ad Hoc} A. Aviation Committee
1. Councilmember Noah Blom - Chair
2. Mayor Pro T em Lauren Kleiman - Vice Chair
II. CITIZENS ADVISORY COMMITTEES (Standing or Ad Hoc)
A. Environmental Quality Affairs Committee (EQAC)
1. Councilmember Noah Blom - Chair
B. Finance Committee
1. Mayor Joe Stapleton (Chair)
2. Councilmember Robyn Grant
3. Councilmember Sara J. Weber
17-1
Confirmation of Mayor Joe Stapleton's Appointments
January 14, 2025
C. Newport Coast Advisory Committee
1. Mayor Pro Tern Lauren Kleiman
2. Councilmember Sara J. Weber
3. Newport Coast Resident Jennifer Carey
D. Water Quality/Coastal Tidelands Committee
1. Councilmember Michelle Barto - Chair
2. Mayor Joe Stapleton - Vice Chair
Ill. JOINT GOVERNMENTAL COMMITTEES (Permanent or Standing) A. Association of California Cities - Orange County (ACC-OC)
1. Councilmember Robyn Grant
2. Council member Erik Weigand (Alt.)
B. Orange County Housing Commission -Advisory Committee
1. Community Development Department Staff Member Melinda Whelan
2. Community Development Department Staff Member Ben Zdeba (Alt.) C. Orange County Mosquito and Vector Control District Board of Trustees
1. Councilmember Erik Weigand*
D. Orange County Sanitation District
1. Councilmember Erik Weigand *
2. Councilmember Michelle Barto (Alt.)*
E. San Joaquin Hills Transportation Corridor Agency Board of Directors
1. Councilmember Robyn Grant*
2. Councilmember Sara J. Weber (Alt.)*
F. Santa Ana River Flood Protection Agency
1. Councilmember Erik Weigand
2. Councilmember Michelle Barto (Alt.)
G. Southern California Association of Governments (SCAG)
1. Mayor Pro Tern Lauren Kleiman*
2. Councilmember Robyn Grant (Alt.)*
17-2
Confirmation of Mayor Joe Stapleton's Appointments
January 14, 2025
H. Watershed Executive Committee
1. Councilmember Michelle Barto
2. Mayor Joe Stapleton (1 st Alt.)
3. City Manager Grace K. Leung (2nd Alt.)
In the previous listings , names that are underlined are individuals who are not members of the City Council.
* Per FPPC Regulation 18702.5(b)(3), the appointed positions identified above with an asterisk (*) may receive compensation are reported on FPPC Form 806 (Agency Report of Public Official Appointments). The City Clerk will post the form on the City's website.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 17-3
= CITY OF============
NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief- 949-644-3101, jboyles@nbfd .net PREPARED BY: Raymund Reyes, Administrative Manager - 949-644-3352, [email protected]
TITLE: Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
ABSTRACT:
In 2019, Governor Gavin Newsom signed Assembly Bill No. 1705 (AB 1705) into law, authorizing the replacement of two existing Medi-Cal reimbursement programs with a single program under a new Public Provider GEMT Intergovernmental Transfer (PP-GEMT-IGT) process. This program is voluntary and its success is dependent on the participation of all transporting agencies . The City of Newport Beach participated in the inaugural Calendar Year (CY) 2023 program as well as the CY 2024 program. Total reimbursement (including pending amounts) indicate reimbursement amounts beyond original estimates. The Fire Department is requesting continued participation for CY 2025.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve the City of Newport Beach's voluntary participation in the Public Provider GEMT Intergovernmental Transfer program per AB 1705 for Calendar Year 2025, and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Forms and pay all necessary invoices.
DISCUSSION:
The Medi-Cal program is the State of California's Medicaid program and is administered by the California Department of Health Care Services (DHCS.) Medi-Cal provides qualified California residents with healthcare coverage. This coverage can extend to Emergency Medical Services (EMS), including those provided by the City's Fire Department. Unlike patients with private insurance (or in most cases, Medicare), Medi-Cal patients do not have a co-pay and medical providers like the City must accept Medi-Cal payments as payment in full.
18-1
Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
January 14, 2025
Medi-Cal is partially governed and funded by federal Medicaid provisions. Medi-Cal plan holders account for approximately 10%-15% of all City medical transports and the City is reimbursed for EMS services directly from the State's Medi-Cal program. Medi-Cal has historically paid a capitated base rate of $118.20 per transport since 1999; this is significantly lower than the actual costs for the City to provide transport service. The California Department of Healthcare Services' (DHCS) Quality Assurance Fee (QAF), Ground Emergency Medical Transport (GEMT), and Intergovernmental Transfer (IGT) programs provide additional revenue to help offset the cost of service.
Passed in 2019 but not implemented until 2023, AB 1705 implemented a new Medi-Cal Public Provider Intergovernmental Transfer Program (PP-GEMT-IGT) for public ground emergency medical transportation providers. The program replaced the outgoing QAF and GEMT programs and provides additional payments to public providers who transport Medi-Cal patients. IGT remains viable and the City continues to participate in this program.
PP-GEMT-IGT is funded by a combination of ambulance transport agency funds and a federal Centers for Medicare and Medicaid Services (CMS) match, called a Federal Financial Participation (FFP.) The State's general funds cannot be utilized for this reimbursement program, so public ambulance providers voluntarily provide the State with the amount needed (roughly $110 million) through an Inter-Governmenta l Transfer.
DHCS then uses the non-federal funds to draw down available matching federal funds and uses the combined sum to pay the add-on amount per eligible Medi-Cal transports.
DHCS manages the reimbursement processes and charges an administrative fee of 10% of the non-federal share amount.
This add-on amount is currently $946.92, bringing the total add-on amount (including the base rate) to $1,065.12. The City Council previously approved participation for both CY 2023 and CY 2024. Based on amounts received to date and pending amounts forthcoming, the program appears to be successful. Staff requests City Council approval to participate in the CY 2025 program.
FISCAL IMPACT:
Because DHCS elected to submit payments via an add-on amount, the month or even year in which add-on fees are collected are not necessarily reflective of the time when the transport occurred. Whereas DHCS' IGT program consists of a single payment to the State followed by a single reimbursement back to the City for completed transports in a prior calendar year, PP-GEMT-IGT add-on payments are included with the $118.20 base rate amounts and remitted to the City as part of the normal billing collection process. This can result in a delay between the month that the transport occurred and the receipt of any payments. As a result, pending amounts yet to be collected cumulatively roll forward, and revenues could be reflective of add-on amounts for either year. 18-2
Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
January 14, 2025
PP-GEMT-IGT ADD ON FEES FOR CY 2023, CY 2024
Calendar Payments to Original Add-On Fees Add-on Fees PP-GEMT-IGT Year DHCS (Not Estimated Collected Pending Prospective
Program including 10% Revenue through Oct Receipt Total Revenue admin fee) 2024 (through Oct for CY2023,
2024) CY2024
2023 $399,377 $1 ,181,208 $565,514
2024 $390,461 $1 ,1 55,655 $739,1 98 $1,728,075
$3,032,787
TOTALS : $789,837 $2,336,863 $1,304,712 $1,728,075
•This amount mcludes approximately $3,521 m leftover OAF reimbursements recewed from DHCS dunng the PP-GEMT-IGT implementation process.
Even so, the program seems to have surpassed original estimates . Add-on fees already collected have exceeded the City's original contribution amounts, with a pending add-on amount owed of $1,728,074 .62. Based on the pending amounts yet to be received, revenue estimates may be upwards of $695,923.96 higher than originally anticipated for CY 2023 and CY 2024 combined .
DHCS Payments to Date PP-GEMT-IGT Prospective Projected Net Revenue Total Revenue to Date (including pending amounts)
$789,837 ** $3,032,787 $2,242,950 .. **While DHCS has mvo1ced the City for CY 2023 and CY2024 amounts; agencies have not yet been mvo1ced any 10% admm,straflve fee amounts.
To participate as a funding entity for CY 2025, the City must transfer local funds up to an estimated total contribution amount of $364,855, which includes the 10% administrative fee estimate. Based on current DHCS figures, the number of possible transports and the current program reimbursements, the City may expect to receive a total of $1 ,310,133 from the CY 2025 program, resulting in an approximate net revenue of $945,278. It is important to note that depending on total agency participation, the actual payment amounts due during the year may be higher or lower.
DHCS recently published a public notice for the CY 2025 State Plan Amendment (SPA), SPA 25-0002. This SPA includes a proposed add-on reimbursement amount of $1,478.68 for CY 2025 (an increase from $946.92 to $1,360.48.) The SPA is expected to be submitted to CMS in the first quarter of CY 2025. However, approval from CMS is not anticipated until late CY 2025. If approved by CMS, retroactive adjustments reflecting the CY 2025 add-on amount will be applied for the period of January 1, 2025, through December 31, 2025.
Retroactive reimbursements would follow the standard process of Medi-Cal Managed Care Plans reconciling payments based on the updated add-on amount. Adjustments will be applied to each eligible GEMT claim processed during the retroactive service period, 18-3
Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
January 14, 2025
once the rates are finalized and approved by CMS. Assuming the amendment passes, the City could be required to process additional payments to the State, but could also see increased add-on revenues in a later fiscal year.
The adopted budget includes sufficient funding for the first two quarterly payments due in January and April 2025. Payments will be expensed from the PP-GEMT-IGT account in the Fire Department's EMS Division, 01040404-821010 . The two remaining payments in July and October 2025 will be incorporated into the Fiscal Year 2025-26 adopted budget.
Anticipated revenues from the CY 2025 program have been incorporated into the current year budget (for amounts estimated to be received prior to June 30, 2025) and the Fiscal Year 2025-26 budget process.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Certification for CY 2025 PP-GEMT-IGT Program Attachment B - Public Notice Re. State Plan Amendment 25-0002 18-4
ATTACHMENT A
DEPARTMENT OF HEAL TH CARE SERVICES
PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR
GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
f, the undersigned, hereby declare and certify on behalf of the City of Ne~port Beach (the "Public Entity'') as follows:
1. As a public administrator, a public officer, or other public individual, I am duly authorized to make this certification.
2. , The Public Entity elects to make this intergovernmental transfer (IGT) to the Department of Health Care Service (DHCS) as a voluntary contribution to the non-federal share (NFS) of M~di-Cal expenditures for purposes of Assembly Bill 1705 (2019) pursuant to Sections 14105.94, 14105.945, 14129, 14129.3, and 14164 of the Welfare and Institutions (W&I) Code. All funds transferred pursuant to this certification qualify for federal financial participation (FFP) pursuant to Section 1903(w) of the Social Security Act and Title 42 of the Code of Federal Regulations, Section 433 Subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as the NFS, impermissible health care-related taxes, or non-bona fide provider related donations.
3. Voluntary contributions attributable to the period of January 1, 2025, through December 31, 2025, will be made via recurring transfers as indicated on the invoices provided to the Public Entity by DHCS. The voluntary contributions made by the Public Entity may also include fee-for-service (FFS) adjustments related to the calendar year (CY) 2023 and managed care (MC) adjustments related to the CY 2024 rating period's NFS reconciliation as described in paragraph seven below. Please note, the total lGT amount at the bottom of this IGT certification will continue to be itemized on your invoice which is sent to you arong with this IGT certification form 45-days in advance of the IGT contribution due date. The Public Entity acknowledges that any transfers made pursuant to this certification during this time period are considered an elective IGT made pursuant to W&I Code sections 14105.945 and 14.164, to be used by DHCS, subject to paragraph four herein, exclusively as the source for the NFS of ground emergency medical transport public provider supplemental payments in both Medi-Cal FFS payments and the portion of the risk-based capitation rate to Medi Cal managed care health plans associated with reimbursement made in accordance with Section 14105.945, subdivision (h)(1) (hereafter, 'the AB 1705 Public Provider Ground Emergency Medical Transportation (PP-GEMT) Program or PP-GEMT Program), and DHCS costs associated with administering the PP- GEMT Program. •
4. DHCS may accept this voluntary contribution to the extent it is able to obtain FFP for the PP-GEMT Program as permitted by federal law. In the event DHCS is unable to obtain FFP for the PP-GEMT Program, or the full payments cannot otherwise be made to and retained by eligible public providers, and, therefore, all 18-5
DEPARTMENT OF HEALTH CARE SERVICES
PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR
GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
or a portion of the transferred amount cannot be used as the NFS of payments, DHCS will notify the Public Entity via e-mail and return the applicable portion of the unused IGT amount.
5. The_ Public Entity acknowledges that, in accordance with W&I Code section 14105:945, subdivision (h)(2), DHCS shall assess a ten percent (10%) fee on each transfer of public funds to the state to pay for health care coverage and to reimburse DHCS its costs associated with administering the PP-GEMT Program.
6. The Public Entity acknowledges that the IGT is to be used by DHCS for the filing of a claim with the federal govemment for federal funds and understands that any misrepresentation regarding the IGT may violate federal and state law.
7. The amount voluntarily transferred to DHCS is based on the estimated Medi-Cal FFS and Medi-Cal MC NFS of ground emergency medical transport payments, as referenced in paragraph three herein. The amounts to be voluntarily transferred to DHCS will be based on an estimate, the Public Entity acknowledges that a reconciliation of the voluntary NFS contributions to the actual NFS expenditures will occur. To the degree necessary to fund the NFS for the PP-GEMT Program, amounts due to or owed by the Public Entity as a result of the reconciliation may be offset ag1:1inst, or added to, future transfers as applicable and as determined by DHCS. DHCS may accept a voluntary contribution to the extent it is able to obtain FFP for PP-GEMT payments as permitted by federal law.
8. The Public Entity acknowledges that all records of funds transferred are subject to review and audit upon DHCS' request. The Public Entity will maintain documentation supporting the allowable funding source of the IGTs.
9. Upon notice from the federal government of a disallowance or deferral related to this IGT, the Public Entity responsible for this IGT shall be the entity responsible for the federal portion of that expenditure.
I hereby declare under penalty of perjury under the law of the United States that the foregoing is true and correct to the best of my knowledge. I further understand that the known filing of a false or fraudulent claim, or making false statements in support of a claim, may violate the Federal F.alse Claims Act or other applicable statute and federal law and may be punishable thereunder.
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DEPARTMENT OF HEAL TH CARE SERVICES
PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR
GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
Executed on this _ __ day of _ ___ , 2025 at _______ , California .
Signature of Authorized Person: _______ ___ _____ _
Name of Authorized Person: Grace K. Leung
Title of Authorized Person: City Manager
Name of Public Entity: City of Newport Beach
NPI of Public Entity: 1679579296
Amount of IGT: $82,686.25 APPROVED AS TO FORM:
CllY ATTORNEY'S OFFICE
Date; I Z - 1$ ,, 24
By: ~\)
ttomey
# # # \'1.·\'a .)....1.4
J>.'r-
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ll)JHCS
CALIFORNIA OEPARTMENT OF
HEALTH CARE SERV ICES
Mich.-lle II.las, I Dlrerto,
PUBLIC PROVIDER GROUND EMERGENCY MEDI CAL TRANSPORTATION (PP-GEMT) PROGRAM
MANAGED CARE AND FEE FOR SEIRVICE - INVOICE
Entity Information:
Entity Name:
City Of Newport Beach
NPI:
1679579296
Program/Payee Information :
Vendor Name:
California Department of Health Ca re Services
PP·GEMT Program Email:
[email protected]
Payment Instructions:
Due Dale: 1/17/2025
Payment Details:
Year: 2025 Collection #: 1
Total Amount Due: $82,686.25
Attention: Please review, sign, and submit the Intergovernmental Transfer (IGT) Certification form by January 3, 2025, to [email protected]. IGT Certification forms are required to be submitted prior to each colJection due date. Once the IGT Certific11tion form is received, DHCS will send a W1re Request Memo providing payment details and instructions.
Please do not send your /GT payment until yau have received the Wire Request Memo as payment detalls are subject to change.
IGT Non-Federal Share (NFS) Breakdown By OHCS Delivery System Managed Care (MC)
Fee For Service {FFS)
MC NFS t/1
MC Admin Fee #1
$71,549.02
$0.00
FFS NFS #1 $11,137.23
FFS Admln Fee #1 _____ $'-0_.00_
Total• IGT Transfer Amou nt: $82,686.25
'Any differences are due to rounding.
CY 2025 Invoic ing Schedule
tnvolce Packet.s. sent
CY 202.5 Invoice #1 IGT Certification• Oue
Pa mentDue
Invoice Padcet• Sent 3/4/W25
CY 2025 I nvolce #2 IGT Certification• Due 4/4/2025
PavmentOue 4/18/'JSJ25
CY 2023 FFS Recon Date of Servlc,e Jan• Oec.2023
CY 2024 MC Recon #1 Date of Service Jan . Jun 'JSJ:Z.A
Invoice Padeb Sent
CV 202S Invoice #3 IGT Certlflcatlons Due
Pa ent Due
Invoice Packets Sent 9/2/202.S
CY .202.5 Invoice #4 IGT Certifications Due 10/3/20 25
PavmentOue 10/17/2025
CY 2024 M C Recon #2 Date of service Jul • Dec 20,.L'!
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ATTACHMENT B
tJHCS NOTICE OF GENERAL PUBLIC INTEREST
CALIFORNIADEPARTMENTOF RELEASE DATE: DECEMBER 10, 2024 HEALTH CARE SERVICES
PROPOSED STATE PLAN AMENDMENT TO EXTEND THE
PUBLIC PROV DER GROUND EMERGENCY MEDICAL
TRANSPORT INTERGOVERNMENTAL TRANSFER PROGRAM
This notice is to provide information of public interest about a proposed State Plan Amendment (SPA) by the Department of Health Care Services (DHCS). SPA 25-0002 proposes to continue the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (PP-GEMT IGT) Program in calendar year (CY) 2025 to continue providing an add-on increase for eligible Ground Emergency Medical Transport (GEMT) services for dates of service January 1, 2025 to December 31 , 2025.
California Welfare and Institutions Code (WIC) section 14105.945, enacted by Assembly Bill (AB) 1705 (Chapter 544, Statutes of 2019), authorizes DHCS to implement the PP GEMT IGT Program for public providers of GEMT services. Providers are eligible to participate in the program if they meet all of the following criteria : (1) provide GEMT services to Medi-Cal beneficiaries, (2) are enrolled as a Medi-Cal provider for the period being claimed, and (3) are owned or operated by the state, a city, county, city and county , fire protection, special, commun ity services, or health care district, or a federal ly recognized Indian tribe . The add -on increase will be in addition to the fee-for -service fee schedule rates for GEMT services billed using the procedure codes listed below .
Pursuant to SPA 22-0015, the Department was authorized to provide an add-on through the PP-GEMT IGT Program for dates of service January 1, 2023 through December 31, 2023. SPA 22-0015 established an initial add-on rate of $946.92 for each qualify ing transport for CY 2023 pursuant to the requirements of WIC section 14105.945(d)(1) and (2). Pursuant to WIC section 14105.945(d)(3), for subsequent rating periods, DHCS is authorized to periodically adjust the init ial add -on rate to account for inflation, trend adjustments , or other material changes. In SPA 24-0002, which is pending Centers for Medicare and Medicaid Services (CMS) approval, DHCS proposes to adjust the initia l add-on rate for CY 2024 pursuant to Section 14105.945(d)(3). Through this SPA, DHCS proposes to adjust the initial PP-GEMT IGT Program add-on for CY 2025 pursuant to Department of Health Care Services
Fee For Service Rates Development Division Gavin Newso m, Governor 18-9
Section 14105.945(d)(3). Effective January 1, 2025, through December 31, 2025, eligible public providers may receive an add-on increase for the following procedure codes:
Procedure Description Estimated Medi- Cal PP-
Code GEMT IGT Add -on Amount
A0429 Basic Life Support $1,478.68
A0427 Advanced Life Support, Level 1 $1,478.68
A0433 Advanced Life Support, Level 2 $1,478.68
A0434 Specialty Care Transport $1,478.68
A0225 Neonatal Emergency Transport $1,478.68
Public providers are not eligible to participate in the GEMT Quality Assurance Fee (QAF) program for periods when the PP-GEMT IGT Program is in effect.
DHCS estimates that the annual aggregate Medi-Cal expenditures for GEMT services will increase by $24.5 million in total funds for Calendar Year 2025.
The effective date of the proposed SPA is January 1, 2025. All proposed SPAs are subject to approval by the CMS.
Public Review and Comments
Upon submission to CMS, a copy of proposed SPA #25-0002 will be published at the following internet address:
https://dhcscagovauthoring/formsandpubs/laws/Pages/Pending-2025.aspx If you would like to view the SPA in person once it becomes available, please visit your local county welfare department. You may also request a copy of proposed SPA #25- 0002 using the mailing or email address listed below.
Written comments may be sent to the following address:
Department of Health Care Services
Fee-For-Service Rate Development Division
Attn : Michelle Tamai
P.O. Box 997413, MS 46000
Sacramento, California 95899-7417
DHCS - NOTICE OF GENERAL PUBLIC INTEREST 2
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Comments may also be emailed to Publiclnput@dhcs .ca.gov. Please indicate SPA #25- 0002 in the subject line or message.
A copy of submitted public comments to SPA #25-0002 may be requested in writing to the mailing or email address identified above.
DHCS - NOTICE OF GENERAL PUBLIC INTEREST 3
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