Agenda Packet as of May 9, 2025 — Newport Beach City Council, May 13, 2025 (part 2 of 2)

= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232 , sjurjis@newportbeachca .gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253 , bzdeba@newportbeachca .gov
TITLE: Resolution No. 2025-23 : Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options ABSTRACT:

For the City Council's consideration is the adoption of a resolution to create the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options . The ad hoc committee would be comprised of three Councilmembers , one Parks, Beaches, & Recreation Commissioner , one Planning Commissioner , one Harbor Commissioner , and one citizen member . The committee will be charged with assessing the potential uses of the Lower Castaways property and exploring suitable site options for a future community aquatic center.

DISCUSSION:

On February 27, 2024, the City Council established the Lower Castaways Park Ad Hoc Committee , and confirmed the appointments of Mayor Pro Tern Joe Stapleton, Councilmember Robyn Grant, and Councilmember Noah Blom. The committee was tasked to work with City of Newport Beach staff in evaluating additional capital improvements , harbor and beach uses, and/or recreational opportunities for Lower Castaways . It met several times between March and September 2024 and worked alongside City staff and on-call consultants to review potential concepts . Ultimately, the committee identified a community recreational pool facility with rich amenities, including a 50-meter pool, a therapy pool, a splash pad, a hand boat launch, and event venue, as the best use for Lower Castaways .
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Resolution No. 2025-23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options May 13, 2025

Page 2 ends

At the October 8, 2024, City Council Study Session, staff presented the committee's recommendations . At the conclusion of the item, including public comments and City Council discussion, the City Council unanimously supported pursuing the committee's recommendations . However, since that time, there has been continued community interest in the proposed use of Lower Castaways, as well as potential alternate locations for the proposed aquatic center.

At the April 29, 2025, City Council Study Session, the City Council revisited the matter and voted unanimously to form a new ad hoc committee to re-examine the potential uses of the Lower Castaways property and to explore suitable site options for a future aquatic center .

As outlined in the draft resolution attached to this staff report, the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options will be comprised of seven members: three City Councilmembers, one Parks, Beaches & Recreation Commissioner, one Planning Commissioner, one Harbor Commissioner, and one citizen member .

The City Clerk will issue a notice that the City is accepting applications for the citizen member position. Once applications have been received, Mayor Stapleton will make the final appointments for all committee members, subject to confirmation by the City Council.

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 - Resolution No. 2025-23
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Attachment A
Resolution No. 2025-23
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RESOLUTION NO. 2025-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CREATING THE

AD HOC COMMITTEE ON UTILIZATION OF LOWER

CASTAWAYS AND AQUATIC CENTER SITE OPTIONS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS , at the April 29, 2025, City Council meeting, the City Council voted to form an ad hoc committee to assess potential uses of the Lower Castaways property and explore suitable site options for a future aquatic center; WHEREAS, continued community interest in the proposed use of Lower Castaways, as well as potential locations for the proposed aquatic center, have prompted the need to establish a committee to review options; and WHEREAS, the City Council desires to create the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options to assess the best use of Lower Castaways, explore suitable site options for a future aquatic center, and make recommendations thereon to the City Council.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby creates the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options ("Committee"). The Committee shall be an ad hoc committee, with the number of members, term, qualification of appointees, selection process, responsibilities and other related rules set forth in Attachment "A," which is incorporated herein by reference.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative portion of this resolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional , such decision shall not 7-4
Resolution No. 2025-

Page 2 of 2 ends

affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.

ADOPTED this 13th day of May, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

Cl ATTORNEY'S OFFICE
Joe Stapleton
Mayor
Attachment A: Description of the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options
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AD HOC COMMITTEE ON UTILIZATION OF LOWER CASTAWAYS AND

AQUATIC CENTER SITE OPTIONS
AUTHORIZATION:

MEMBERSHIP:

TERM:

MEETINGS:

COMPOSITION OF
APPOINTED MEMBERS:

QUALIFICATIONS

OF CITIZEN
MEMBER:

SELECTION OF APPOINTED
MEMBERS:

Established by Resolution No. 2025-_ adopted on
May 13, 2025.

Seven (7) members as set forth below. Members will
be appointed by the Mayor and confirmed by the City
Council.

Membership shall be indefinite, pending expiration or
termination of the Committee. Committee members
shall serve at the pleasure of the City Council.

Committee meetings will be held as necessary or
convenient for the Committee. All meetings shall be
held in such locations and at such dates and times
consistent with the Ralph M. Brown Act.

Seven (7) members comprised of three (3)
Councilmembers; one (1) Harbor Commissioner; one
(1) Parks, Beaches, & Recreation Commissioner; one
(1) Planning Commissioner; and one (1) citizen
member.

The citizen member shall be a City of Newport Beach
resident.

Except as otherwise required by state law, the Mayor
(or his/her designee) shall have the discretion to
determine the process for selecting members and
shall not be required to form an "ad-hoc appointments
committee" or comply with the procedural or timing
requirements set forth in Council Policy A-2.
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PURPOSE &
RESPONSIBILITIES:

EXPIRATION:

A. Assess the potential uses of the Lower Castaways
property; and
B. Explore suitable site options for a future aquatic
center.

The Committee shall expire upon making its
recommendations to the entire City Council at a
noticed public meeting of the City Council, or
December 31, 2026, whichever is earlier.
7-7

= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311 , dawebb@newportbeachca .gov
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315 , [email protected]
TITLE: Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R 14) - Notice of Completion for Contract No. 8894-2 ABSTRACT:

On July 23, 2024, the City Council awarded Contract No. 8894-2 for the Superior Avenue and Hospital Road Pavement Rehabilitation project to R.J. Noble Company. The project reconstructed deteriorated concrete improvements , rehabilitated the asphalt pavement on Superior Avenue and Hospital Road, and extended the median landscaping on Superior Avenue . The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract Final Total Contract Total Contract Percent Contract Amount Amount Change Amount Cost Change
$1 ,882,213.70 $1 ,892,391.06 $10,177.36 0.5%
Allowed Contract Time + Approved 88 Actual Time Used (Days) 88 Extensions (Days)= This project included cold milling and overlaying the existing asphalt concrete pavement with new rubberized asphalt concrete pavement; reconstructing deteriorated concrete driveways, sidewalks, curb and gutters, curb access ramps, and cross-gutters ; adjusting utility boxes and manholes to grade; installing new traffic signs; restriping the pavement; installing landscape and irrigation improvements within the existing median on Superior Avenue ; and other appurtenant items of work. Please refer to the attached location map for limits of the proposed improvements .
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Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) - Notice of Completion for Contract No. 8894-2
May 13, 2025

Page 2 ends

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows :

Original Bid Amount: $ 1 ,882,213.70
Actual Cost of Bid Items Constructed: $ 1 ,548,521 .96
Total Change Orders: $ 343,869.10
Final Contract Cost: $ 1,892,391.06
The final total contract amount was $1 ,892,391.06, which was approximately 0.5% higher than the original bid amount. The actual cost of bid items constructed was significantly less than the original bid amount due to the overestimation of the quantities needed for median excavation , imported fill, and asphalt concrete. With the project savings, staff approved a change order to repave portions of the Newport Pier parking lot. This parking lot is heavily used by visitors and the pavement has deteriorated . This change order includes restriping the entire parking lot in preparation for the upcoming busy summer season. Adding this needed parking lot work, combined with noted savings, resulted in the final contract cost being just slightly more than the original bid amount.

A summary of the project schedule milestones is as follows :

Estimated Start of Construction per Annual Baseline Schedule Actual Start of Construction Per Notice to Proceed
Estimated Completion per Annual Baseline Schedule
Substantial Completion Date Inclusive of Extra Work
September 9, 2024
October 14, 2024
January 24, 2025
March 25, 2025
The actual start of construction was postponed until the completion of the Superior Avenue Bridge and Parking Lot project, which is located within the proposed pavement rehabilitation limits. The contractor was allowed additional time to construct the modified drainage system as directed by staff. Additional contract time was also granted to account for the unavailability of asphalt material and paving the Newport Pier parking lot.

FISCAL IMPACT:

The Superior Avenue and Hospital Road Pavement Rehabilitation project was included within the FY 2024-25 Capital Improvement Program (CIP) Budget. Funds for the construction contract were expended from the following accounts :

Account Description
SB1 RMRA Fund
Measure M Fair Share
Water Capital Fund
Wastewater Enterprise Fund
CalRecycle Grant Fund
Account Number
12601-980000-23R 14
12201-980000-23R 14
70201-980000-25R09
71101-980000-24R09
13501-980000-23R02
$
$
$
$
$
Total: $
Amount
1, 199,244.50
599,897.56
57,500.00
20,900.00
14,849.00
1,892,391.06
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Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) - Notice of Completion for Contract No. 8894-2
May 13, 2025

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SB1 Road Maintenance & Rehabilitation Account (RMRA) revenues are State fuel and vehicle registration taxes imposed by the Road Repair and Accountability Act of 2017.

Orange County Transportation Authority (OCTA) provides Measure M funding , generated through a ½ cent sales tax, to the City for transportation improvement projects. The Water and Wastewater funds generate revenue primarily through water and wastewater rates collected from service users. The CalRecycle Grant fund comes from the State's CalRecycle Rubberized Grant Program, which promotes the use of rubberized asphalt concrete made from recycled waste tires generated in California. The program aims to decrease the adverse environmental impacts created by disposing and stockpiling of waste tires. Through CalRecycle , the City will be reimbursed up to $7 per ton of rubberized asphalt concrete used on the project.

ENVIRONMENTAL REVIEW:

On July 23, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

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 - Location Map
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ATTACHMENT A
t I I I I I I
II 11 I I I I I I I 11 I
1 TH STREET

LIMITS OF WORK

SUPERIOR AVENUE AND HOSPITAL ROAD

PAVEMENT REHABILITATION

LOCATION MAP
/_

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8894-2 23R14 05/13/25
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= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311 , [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321 , tsandefur@newportbeachca .gov
TITLE: Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement -Award of Contract No. 9750-1 (25F02) ABSTRACT:

The City of Newport Beach received construction bids for the Central Library, OASIS Senior Center and Vincent Jorgensen (VJ) Community Center Carpet Replacement project. Staff requests City Council approval to award the construction contract to Commercial Interior Resources of Irvine. This project involves replacing aging carpets at the Central Library (1000 Avocado Ave.), OASIS Senior Center (801 Narcissus Ave.) and VJ Community Center (1300 Irvine Ave.) .

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines , California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment ;
b) Approve the project plans and specifications ;
c) Find the bid submitted by Rod-West Floor Covering LLC to be non-responsive ; d) Award Contract No. 9750-1 to Commercial Interior Resources for the total bid price of $151,070 for the Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement , and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $15,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

As part of the annual Facilities Maintenance Master Plan (FMMP) program, staff identified carpet at Central Library, OASIS Senior Center and VJ Community Center Carpet as needing replacement. These carpets receive intense use by the public and are aging and badly stained in places.
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Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement - Award of Contract No. 9750-1 (25F02)
May 13, 2025

Page 2 ends

At 2 p.m. on April 2, 2025, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low Rod-West Floor Covering LLC $135,775.00
2nd Commercial Interior Resources $151,070.00
3rd Lawrence W. Rosine Co. $244,300.00
4th Floor Tech America $269,550.00
The City received four bids. The apparent low bidder, Rod-West Floor Covering LLC, did not provide hard copy bid bonds as required by the project specifications . Due to the lack of hard copy of bid bonds, staff recommends that the bid from Rod-West Floor Covering LLC be found non-responsive .

The second lowest bidder, Commercial Interior Resources, possesses a California State Contractor's License Classification "C-15", as required by the project specifications. A review of references for Commercial Interior Resources shows satisfactory completion of similar contracts for other public agencies including the City of Orange, the City of Cerritos, the California Community College System, Los Angeles County Library, the City of Glendale and Los Alamitos Unified School district.

Commercial Interior Resources' bid was approximately 37% below the Engineer's Estimate of $240,000. Pursuant to the contract specifications , the contractor will have eight consecutive weeks to complete the project. Work is scheduled to start in fall 2025.

The project plans and specifications will be available for review at the May 13, 2025 City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended :

Account Description
FMMP Facilities Maintenance CIP
Proposed fund uses are as follows:

Vendor
Commercial Interior Resources
Commercial Interior Resources
Various
Account Number
57101-980000-25F02 $
Amount
169,000
Purpose Amount
Construction Contract $ 151,070
Construction Contingency $ 15,000
Printing & Incidentals $ 2,930 --------
Total: $ 169,000
Staff recommends establishing $15,000 (approximately 10% of total bid) for contingency purposes and unforeseen conditions associated with construction . 9-2
Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement - Award of Contract No. 9750-1 (25F02)
May 13, 2025

Page 3 ends

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

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 - Location Map
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Attachment A

JOHN WAYNE

CITY OF COSTA
MESA
0 PROJECT LOCATIONS

AIRPORT

VICINITY MAP

NOT TO SCALE

CENTRAL LIBRARY, OASIS SENIOR

CENTER AND VJC COMMUNITY

CENTER CARPET REPLACEMENT

LOCATION MAP

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
9750-1 5/13/25
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= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam , Finance Director/Treasurer - 949-644-3126 , jalimam@newportbeachca .gov
PREPARED BY: Heather Nichols, Assistant Management Analyst - 949-644-3148 , hn ichols@newportbeachca .gov
TITLE: Professional Services Agreement with Deckard Technologies , Inc. for Short-Term Lodging Compliance & Hotline
ABSTRACT:

The City of Newport Beach currently contracts with a third-party vendor to monitor short-term lodging compliance and provide a 24/7 complaint hotline. With the existing agreement with GovOS Inc. expiring on August 31 , 2025, staff recommends that the City Council approve a new five-year agreement with Deckard Technologies. The proposed agreement includes compliance monitoring, rental activity reporting, public outreach, and a 24/7 bilingual hotline service, for a total not-to-exceed amount of $243,750 over the term of the contract.

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 ; b) Approve a Professional Services Agreement with Deckard Technologies , Inc. for Short-Term Lodging Compliance and Hotline for five years for a not-to-exceed amount of $243,750 piggybacking off the procurement of the City of Oxnard's formal solicitation ; and
c) Authorize the Mayor and the City Clerk to execute the agreement.

DISCUSSION:

The City's current agreement for short-term lodging (STL) compliance monitoring and 24/7 hotline services with GovOS Inc. is set to expire on August 31 , 2025. To ensure continuity of services and improved capabilities, staff recommends City Council approval of a new five-year professional services agreement with Deckard Technologies , Inc. (Deckard) .
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Professional Services Agreement with Deckard Technologies , Inc. for Short-Term Lodging Compliance & Hotline
May 13, 2025

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Under the proposed agreement , Deckard will provide comprehensive STL monitoring and compliance services utilizing its Rentalscape platform. This platform will identify all active STL properties within the city; analyze rental activity including revenue, booking trends, nightly rates, and platform usage; and flag ordinance violations such as missing permit numbers, excessive occupancy, and unauthorized listings. Monthly reports will include detailed data on property addresses , ownership and permit history to assist with enforcement and policy evaluation .

To further support compliance with the Newport Beach Municipal Code, Deckard will conduct an outreach campaign to encourage property owner registration and adherence to STL regulations . In addition, the agreement includes operation of a U .S.-based, bilingual, 24/7 complaint hotline and online complaint submission system to address community concerns in real time.

In accordance with Purchasing Policy AP-001 , Section 4.2, the City is authorized to utilize "piggybacking" procurement methods, allowing the use of another agency's competitively bid contract executed within the prior 24 months. The City obtained and reviewed the City of Oxnard's Request for Proposals for similar services, and the purchasing and contracts administrator confirmed the agreement is in compliance with the City's purchasing policy.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this purchase . It will be expensed to the Services Professional account in the Finance Department, 0103031-811008 .

ENVIRONMENTAL REVIEW:

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 - Professional Services Agreement with Deckard Technologies , Inc. for Short-Term Lodging Compliance & Hotline
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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
WITH DECKARD TECHNOLOGIES, INC. FOR

SHORT-TERM LODGING COMPLIANCE & HOTLINE
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as ofthis 13th day of May, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DECKARD TECHNOLOGIES, INC., a Delaware corporation ("Consultant"), whose address is 1620 5th Avenue, Suite 400 San Diego, CA 92101, 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 Short Term Lodging ("STL") Compliance Software and Hotline management ("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 May 1, 2030, 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 performed to 10-3
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 0f 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 Two Hundred Forty Three Thousand Seven Hundred Fifty Dollars and 00/100 ($243,750.00), without prior written authorization from City.

4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where Deckard Technologies, Inc. Page2
10-4
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use.

4.3 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.

4.4 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.

4.5 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.

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 Josh Ruark 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.

Deckard Technologies, Inc. Page 3
10-5

6. ADMINISTRATION
This Agreement will be administered by the Finance - Revenue. City's Revenue Manager 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 b'e 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 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 and employees (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 Deckard Technologies, Inc.· Page4
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(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them).

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 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 Consultant.

10. INDEPENDENT CONTRACTOR
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.

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.

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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.

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, Deckard Technologies, Inc. Page 6
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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 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: Revenue Manager
Finance - Revenue
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:

26. CLAIMS
Attn: Nickolas Del Pego
Deckard Technologies, Inc.
1620 5th Ave, Suite 400
San Diego, CA 92101
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 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 Deckard Technologies, Inc. Page 9
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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 \
C

28.1 Recitals'. City and Consultant acknowledgelthat 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 owri 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 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

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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 eventof any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

28.12 Counterparts. This Agfeement 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]
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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( / ( to(zo J..'5
By: ce~ ~
Aaron C. Harp
City Attorney
ATTEST:

Date: -------
By: ____________ _
Leilani I. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: ____________ _
Joe Stapleton
Mayor
CONSULTANT:DECKARD
TECHNOLOGIES, INC., a Delaware
corporation
Date: ---------
By: ____________ _
Nickolas Del Pego
Chief Executive Office
Date: ---------
By: ____________ _
Thomas Hemmings
Chief Financial Office
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
Deckard Technologies, Inc. Page A-1 10-15
Exhibit A
Scope of Services

1. Short Term Rental Service. Client desires to engage Deckard to use the Rentalscape Platform to prepare real estate property data for short-term rentals ("STRs") on all identifiable properties within the City of Newport Beach in the State of California based upon publicly available data and such other data relevant to the Designated Geography to be provided to the client by Deckard (reports accessible from Rentalscape). The Reports shall include at a minimum:

1.1. Information on STRs currently active in the Designated Geography;

1.2 . The aggregate revenue from actively listed bookings;

1.3. The average number of nights booked per reservation;

1.4. The major platforms used by STR hosts;

1.5. Average daily rates;

1.6. Booking trends during the Reporting Period;

1.7. Identify, by address, the following violations of STR ordinances within the Designated Geography;

1.7.1. Listings or advertisements that do not include an STR permit number;

1.7.2. Listings or advertisements that represent or offer occupancy in excess of the occupancy . maximums in the Designated Geography; and

1.7.3. Properties advertised as STRs that are only permitted as long-term rentals;

1.8. Identify the actively listed STRs by month and address;

1.9. List the property owners; and

1.10. List the permit history of each property offering STRs in the Designated Geography.

2. Designated Geography. - Newport Beach, CA

3. Fees; Payments.

3.1. Annual Software Subscription: (Identification, Compliance Monitoring and Rental Activity based on properties that are listed in Rentalscape as identified STRs).

3.2. Outreach Campaign: Included to drive compliance. Three letter campaign to inform and encourage property owners to become compliant with the Registration Process. 10-16

3.3. STR Complaint 24/7 Hotline and Online Complaint Form: Host a 24/7 US based bi-lingual Call Center with live agents at a Premier Level of Service to be developed with dispatching rules and host an on line complaint form .

3.4. Optional Expert Services upon Request by the City/County are available at $250 per hour.

3.5. Maximum Price: In no event . will the total subscription fees in the first year exceed .$A8.,1.5.Q. Future years' renewals will be subject to a CPI increase as outlined in the Agreement. 3;6. Timing: Client will pay the annual subscription fees within 30 days of receipt of invoices from Deckard.
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EXHIBIT B

SCHEDULE OF BILLING RATES
Deckard Technologies, Inc. Page B-1 10-18
() RENTALSCAPE
ADDRESS IDENTIFICATION , COMPLIANCE MONITORING, & RENTAL ACTIVITY .

REPORTING Pr ice
• Estimated 1650 properties
• Identify property & address
• Identify property owner address
• Real-time reporting of all new listings & daily calendar monitoring • 10,000+ Websites monitored Daily, worldwide
• FutureCast™ - Identify future bookings as they are made on the rental platform • Letter campaign to inform STR illegal operators regarding compliance requirements and procedures
• All letter templates will receive City approval pre-campaign • Campaign includes one Introductory letter and two additional escalation letters

REPORTING & ANALYSIS
• On Demand, Dynamic reporting, offering multiple ad hoc reports • Filters allowing users to focus on specific segments of the STR population

DEDICATED ACCOUNT MANAGER
• Single Point of Contact for «place» staff for all matters • Ensures the «place» is following Industry best practices • Shepherds the implementation process from start to finish • Periodic meetings/calls throughout the life of the account

UNLIMITED ACCOUNTS & TRAINING SESSIONS
• No limit on the number of Rentalscape user accounts
• No per-session training costs
• Single Sign-On (SSO) available
• Dedicated client support staff available to assist with costumer request COMPLAINT 24/7 HOTLINE & ONLINE FORM
• 24/7 US bilingual (upon request) call center with live agents - Premier (see Page 13 for Detail Information)
• Online complaint form (Complaint Form only $2,000)

TOTAL YEAR ONE
$41,250
Annually

INCLUDED

INCLUDED
$7,500
(OPTIONAL)
$48,750
11 10-19

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 VI I ( 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.

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 and employees.

B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Deckard Technologies, Inc. Page C-1 10-20
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 connectron with Work to be performed under this 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/Cyber (Errors & Omissions) Liability Insurance.

Contractor shall maintain Errors & Omissions/Professional Liability Insurance/Privacy Liability Insurance in an amount not less than $5,000,000 per claim and annual aggregate, covering (1) all acts, errors, omissions, negligence, infringement of intellectual property, (2) network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or negligence in the handling of confidential information, privacy perils, including coverage for related regulatory defense and penalties, and (3) data breach expenses payable whether incurred by City or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services, in the performance of services for City or on behalf of City hereunder.

The policy shall contain an affirmative coverage grant for bodily injury and property damage emanating from the failure of the technology services or an error or , omission in the
content/information provided.

If a sub-limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub-limit.

E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. . No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted.

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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 and employees or shall specifically allow Consultant or oth~rs 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/umbrella liability, pollution liability, automobile liability, and cyber 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 and employees 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:

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 fifl~en (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 Deckard Technologies, Inc. Page C-3 10-22
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. 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.

D. 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 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.

E. 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.

F. 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.

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G. 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.

H. 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.

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= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 11
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 , rreyes@nbfd .net
TITLE: Approval of On-Call Health Screening Services Agreements ABSTRACT:

The City of Newport Beach relies on contracted medical providers to conduct various health screening services as required per applicable employment laws, City policies and employment procedures , and Memorandums of Understanding (MOUs) with employee bargaining groups. Following a Request for Proposals (RFP) selection process, the Fire and Human Resources Departments recommend approval of on-call agreements with Hoag Clinic, OBA Hoag Executive Health (Hoag) and The University of California at Irvine, Joe. C. Wen School of Population & Public Health, through its Center for Occupational and Environmental Health (UC Irvine) to provide health screening services.

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; b) Approve an On-Call Professional Services Agreement with Hoag Clinic, dba Hoag Executive Health, on a form approved by the City Attorney , with a not-to-exceed amount of $925,000 and a five-year term; and
c) Approve an On-Call Professional Services Agreement with The Regents of the University of California on behalf of the University of California at Irvine Joe C. Wen School of Population and Public Health, on a form approved by the City Attorney , with a not-to-exceed amount of $500,000 and a five-year term.

DISCUSSION:

Background
The City uses contracted health screening service providers to conduct a range of required medical screening services. Some services are tied to pre-employment requirements and City policies; others are specific to MOUs. The Human Resources Department oversees most health screening services, while the Fire Department oversees the annual physical process for its Fire Operations and Lifeguard Operations personnel. The following sections provide an overview of the services typically conducted. 11-1
Approval of On-Call Health Screening Services Agreements May 13, 2025

Page 2 ends

Pre-Employment Physical Examinations
Pre-employment physical examinations are currently administered at two levels. Class II exams consist of a basic physical, vital sign check, urine drug screening, tuberculosis testing, and vision test, along with a complete medical and health history review by a physician, including a review of the job description . This exam is required for seasonal lifeguard, recreation leader, and maintenance/trade positions . Class Ill exams include the Class II exam plus comprehensive lab work, stressed and non-stressed electrocardiography (ECG) tests, a hearing exam, and spirometry measurements .

Class 111 exams are required for all public safety positions.

Fitness for Duty Evaluations
A fitness for duty evaluation is required following an injury and prior to returning to full duty. This involves a complete medical, occupational and relevant history review by a physician, physical examination , recommendations by the examining physician for additional diagnostic studies or consultations , and a physician's completion of a "Employer Exam Report," which indicates the employee's work status.

DOT I OMV Specific Testing
Positions that require a commercial driver's license undergo California Department of Motor Vehicle (DMW) specific physicals, along with both pre-employment and random drug and alcohol tests. The drug and alcohol tests are Department of Transportation (DOT) compliant and use chain-of-custody protocols per City policy.

Miscellaneous Tests
Various other tests and labs are utilized depending on the City's needs and requirements for a specific position. These can include specialized labs, hepatitis titers, rabies vaccinations for animal control personnel, respiratory fit testing (used for employees that use respiratory protection equipment , such as firefighters) , skin screening services for lifeguards (as mandated under their respective MOUs), and more.

Fire Department Annual Physicals
Annual physicals are more comprehensive than the Class 111 pre-employment physicals; they consist of a detailed review and evaluation of an employee's medical history, a complete physical workup, a review of medical systems (including cardiovascular , gastrointestinal , endocrine, neurological systems), fitness assessments , ECG tests, X-rays, vision/hearing tests, urinalysis, and post-screening reviews. Annual physicals assist in maintaining an optimal level of health for Fire and full-time lifeguard personnel, providing reassurance that personnel are fit for duty.

Fire Department Policy incorporates a fitness program that includes an annual physical component. Participation in the program is also outlined within the Newport Beach Firefighters Association , Lifeguard Management Association , and Newport Beach Fire Management Association MOUs. The program and the physicals are intended to support the physical health and overall well-being of public safety personnel and mitigate protentional health impacts related to their duties.
11-2
Approval of On-Call Health Screening Services Agreements May 13, 2025

Page 3 ends

Per the terms of the Key and Management Compensation Plan, employees in the Executive Management classification are also eligible for similar, executive-level annual physicals .

Procurement and Selection Process
Following a 2020 RFP process for health screening services, the City Council approved agreements with the top four ranking providers (from a field of nine proposals) at the December 8, 2020 City Council meeting. Newport Center Medical Group (Newport Center Medical) was selected to provide Fire Department annual physicals; Hoag was selected for executive physicals, lifeguard skin screenings , and Class 111 examinations ; Marque Medical Clinic, Inc. (Marque Medical) would provide OMV physicals, Class II exams, drug and alcohol testing, plus various testing and other services; and Sand Canyon Medical Group (Sand Canyon Medical) would provide Class II and Class Ill exams and OMV physicals . All agreements were given five-year terms with an expiration date of November 15, 2025; not-to-exceed compensation amounts were adjusted to reflect estimated use.

In summer 2023, Newport Center Medical announced that its practice would be transitioning to a personalized , concierge-style medical practice and would no longer be available for use by the Fire Department. In 2024, the Fire Department continued the department's fitness program with a temporary pause on annual physicals and began discussions with the Human Resources Department on a new procurement process. It was agreed that a procurement could be started in advance of the November 2025 termination dates of the remaining contracts. A new RFP for on-call health screening services was posted via the City's public bidding portal (PlanetBids) in November 2024. 194 medical service providers were notified through PlanetBids; 23 prospective bidders viewed or downloaded the RFP, and seven proposers submitted a response by the January 28, 2025 deadline .

One of the firms, Rancho Santiago Community College District (Santa Ana College), submitted a response for the provision of health and wellness courses and not medical screening services. Santa Ana College was contacted and informed that they would be considered non-responsive ; Fire Department staff already enroll in course offerings from Santa Ana College as part of the department's fitness program .

Due to the medical professional nature of the service, the procurement was conducted as a qualifications-based RFP in accordance with the City's Administrative Policies and Procedures . Proposal evaluations were rated solely on qualifications , experience , method of approach, familiarity with the services requested , understanding of employment-related medical testing, and expertise in various health and medical regulations . Following a technical review and evaluation of all proposals by a combination of Human Resources and Fire Department personnel, Hoag and UC Irvine were ranked as the two highest scoring proposers .
11-3
Firm Name:

Hoag Executive Health
Approval of On-Call Health Screening Services Agreements May 13, 2025

Page 4 ends

Total Weighted Score Rank:
3765 1
University of California Irvine 3680 2
On Duty Health, PC 2800 3
Pinnacle Training Systems 2780 4
UCI Health 2075 5
Arogya Med Care 575 6
Both Hoag and UC Irvine submitted proposals detailing premier medical facilities, experienced staff, organized procedures , and high-quality medical services. Hoag is well-versed in providing comprehensive annual physicals. It operates two of the largest and most successful specialty clinical exam programs in the western United States; the Hoag First Responder Program and the Hoag Executive Health Program. UC Irvine's Center for Occupational and Environmental Health (COEH), under the Joe C. Wen School of Population and Public Health, is the only university-based occupational medicine practice in Orange County. UC Irvine boasts extensive experience in occupational medicine and previously provided the City with health screening services from approximately 2001 to 2019; it currently provides medical screening services for the Orange County Fire Authority.

Staff is requesting City Council approval of agreements with Hoag and UC Irvine for on-call health screening services. Hoag would primarily be used for the Fire Department's annual physicals while UC Irvine would provide pre-employment exams and other City health screening needs. However, given the capabilities of both providers, the Human Resources and Fire Departments would have the operational flexibility of using either contract to ensure the best use of available resources and funding, depending on the need.

FISCAL IMPACT:

Although this was a qualifications-based RFP process in which costs were not considered as part of the evaluation/scoring process, staff did review each of the top three ranked firms' cost proposals to confirm if pricing was within a reasonable range of one another .

Staff also looked at the 2020 agreement rates, considered the inflationary and market trends that have been prevalent over the last several years, and the use of outside laboratories for lab testing by most clinics. Standard pre-employment physicals saw typical increases from 2020 agreement rates; lab tests varied but most changes were minor.

The rate offered by Hoag is $1 ,250 for fire department annual physicals, while UC Irvine's costs are $1 ,194. Hoag and UC Irvine rates for executive and fire department physicals were within reason of one another . The third-ranked firm (On Duty Health) was approximately $700 higher than either provider due to its service delivery model being completely mobile. There are approximately 146 employees that are eligible for annual physical services . This includes firefighters , firefighter-paramedics , engineers , captains, and other positions designated in the Newport Beach Fire Association MOU; permanent lifeguard staff consisting of officers, captains, lifeguard battalion chiefs; and sworn management and executive positions including the fire chief, assistant chiefs, and battalion chiefs.
11-4
Approval of On-Call Health Screening Services Agreements May 13, 2025

Page 5 ends

The department currently budgets $92,458 towards annual physicals, lab work, and related as-needed medical/health screening services . Assuming a 90-100% participation rate for eligible Fire Department employees , plus any as-needed lab work or tests, it is estimated that annual costs with Hoag could approach up to $185,000 annually. A five-year on-call agreement with a not-to-exceed compensation amount of $925,000 is proposed . Additional funding of $91 ,000 is requested. If approved, the Fire Department Physicals Account, 01040401-811016 , will be increased from $92,458 to $183,458 as part of the Fiscal Year (FY) 2025-26 budget.

Citywide pre-employment physicals, fit-for-duty exams, and other related exams and tests are funded through the Human Resources Department. Services are paid out of the Human Resources Physicals Account , 01025005-811016 . The proposed General Fund Budget for FY 2025-26 already includes a $25,000 increase to this account. A five-year agreement with UC Irvine, with a not-to-exceed compensation amount of $500,000, is proposed .

ENVIRONMENTAL REVIEW:

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 - Scope of Services
Attachment B - Hoag Rate Sheet
Attachment C - UC Irvine Rate Sheet
11-5

RFP No. 25-22 13
11-6

SCOPE OF SERVICES
Objective:

The City of Newport Beach ("City") is seeking proposals from qualified licensed medical providers in and around the Orange County and Newport Beach area to provide occupational medical services, pre-employment health examinations, and other related medical services for City employees, safety personnel, Department of Transportation (DOT) - regulated positions, and support staff as required on an on-call/as-needed basis. Experience in occupational health services, pre-employment examinations, with California local governments, specifically fire and/or emergency response service agencies are desirable.

Contract Term: Five (5) years
Minimum Qualifications:

The ideal service provider will:
• Possess extensive experience providing high quality, timely, and cost-effective medical services in the public sector environment.
• Demonstrate a sound understanding of laws associated with employment-related medical testing.
• Demonstrate adequate personnel, capital resources, required knowledge, expertise, experience, innovation, insight and customer service skills to deliver the requested services.
• Possess working knowledge in the subject areas of occupational health, the Americans with Disabilities Act (ADA), U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), Health Insurance Portability and Accountability Act (HIPPA), Department of Fair Employment and Housing (DFEH), National Fire Protection Association (NFPA) guidelines, and other State and Federal regulations and/or guidelines which may apply to the City's workforce.
• Thorough knowledge of the essential physical, psychological and environmental components for various City Department job classifications is highly desirable. • Meet the insurance requirements detailed in this RFP document. • Selected vendor shall maintain a City of Newport Beach business license during the term of this Agreement.

Note that any unsatisfactory references or unsatisfactory work performance with the City may eliminate the proposer from further consideration.

Proposers who do not meet the Minimum Qualifications may be disqualified.

RFP No. 25-22 14
11-7

SCOPE OF SERVICES
Description:

For purposes of identification, this RFP classifies the types of employee screening services typically requested by the City into ten (10) sections:

1. Class I Examinations

2. Class II Examinations

3. Class Ill Examinations

4. Executive Management Positions Evaluation

5. Fitness for Duty Evaluation

6. Annual Fire Department Physical and Medical Evaluation

7. Skin Screening Services

8. Cardiac and Other Specialized Tests

9. Lab Work

10. Additional Miscellaneous Tests and Services
*NOTE* The City reserves the right to retain multiple consultants as the result of this RFP solicitation. As such, please clearly demonstrate in your submittal which of the 10 services/screenings you intend to provide. The City does not expect any single provider to be able to provide ALL 10 screenings.
**Additionally, those who wish to provide annual physicals for Fire Department personnel may choose to provide information related to additional service offerings above and beyond the standard physical as described herein.

The tables below detail each type of screening and the City requirements related to them. It is the City's intention to identify multiple proposers to address the entire breadth of services requested.

1. Class I Examinations
Complete medical and health history review by physician, including a review of job description.

A physical examination will include:

1.1 Vital signs: temperature, blood pressure, pulse, respiration, height, weight, pain scale

1.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), Qrip testinQ

1.3 Hernia exam (umbilical/inguinal)

1.4 Physician summary, clearance and comments

1.5 Urine Drug Screen (7 drug panel, no alcohol)

2. Class II Examinations
Complete medical and health history review by physician, including a review of job description.

A physical examination will include:

2.1 I Vital signs: temperature, blood pressure, pulse, respiration, height, weight, pain scale RFP No. 25-22 15
11-8

SCOPE OF SERVICES

2.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), grip testing

2.3 Hernia exam (umbilical/inQuinal)

2.4 Urine Drug Screen (7 drug panel, no alcohol)

2.5 TB skin testing (one step)

2.6 Vision testing: Titmus

2.7 Physician summary, clearance and comments

3. Class Ill Examinations
Complete medical (including immunization history) and health history by physician, including a review of job description.

A physical examination will include:

3.1 Vital signs: Temperature, blood pressure, pulse, respiration, height, weight, pain scale

3.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), grip testing

3.3 Hernia exam (umbilical/inguinal)

3.4 Urine druo screen (seven druo panel, no alcohol)

3.5 TB skin testinQ (quantiferon)

3.6 Vision testing, titmus

3.7 Resting ECG

3.8 Exercise ECG (submaximal HR treadmill test) * Must indicate if testing will be onsite*

3.9 Audiogram

3.10 Spirometry

3.11 Labs: CBC, comprehensive metabolic panel, lipid panel, U/A (microscopic analysis)

3.12 Physician summary, clearance and comments

4. Executive Management Positions Evaluation
Executive physicals include a traditional comprehensive medical evaluation. The goal of the examination is to detect medical conditions at an early stage, to identify health risk factors and habits which can negatively impact health, and to refer the individual to appropriate community health care providers for additional testing or follow-up for identified problems.

An evaluation will include:

4.1 Review of medical and occupational history

4.2 Health risk assessment questionnaire

4.3 Core physical examination

4.4 Spirometry

4.5 Vision testino, Snellen

4.6 RestinQ EKG

4.7 Fitness treadmill *Must indicate if testing will be onsite*

4.8 CBC with differential

4.9 Comprehensive metabolic panel

4.10 Lipid profile

4.11 Prostate specific antigen (PSA) for males >50 years of age

4.12 Urinalysis: microscopic
RFP No. 25-22 16
11-9

SCOPE OF SERVICES

4.13 Urine drug screen: seven drug panel, no alcohol (New hire and pre-placement only)

4.14 Breast exam for women (optional)

4.15 Digital rectal exam for men over 50 years of age (optional)

4.16 Audiooram
A Health Risk Assessment will include:

4.17 A detailed questionnaire that assesses the individual's risk factors such as family history, lifestyle factors, weight, and the results of certain tests and measurements such as cholesterol and waist-hip ratios and other factors. The results and interpretation will be discussed with the participant.

5. Fitness for Duty Evaluation - Prepare "Case" File and Use an Encounter Form

5.1 A complete medical, occupational and relevant history review by a physician, physical examination, recommendations by examining physician for additional diagnostic studies or consultations, physician's completion of "Employer Exam Report," which indicates work status. Record OEM consultinQ physician time.

5.2 Prepare a "case" file and use an encounter form

6. Annual Fire Department Physical/Medical Evaluation
The annual Fire Department physicals/medical evaluations performed by a California licensed Physician will include a (1) Comprehensive Evaluation, (2) Screening Procedures, and (3) Summary Reports.

A comprehensive evaluation will include:

6.1 Perform a complete review of medical and health history

6.2 Perform a complete physical examination

6.3 Heioht and weioht measurements

6.4 Blood pressure and heart rate

6.5 Review of medical systems including, but not limited to, cardiovascular, respiratory, gastrointestinal, genitourinary, endocrine, hematology, neurological, and musculoskeletal

6.6 Review fitness assessment results*

6.7 Review 12-lead ECG from graded treadmill exercise*

6.8 Review of the below screenino results*
Screening* Procedures will include:

6.9 Urinalysis

6.10 Hemoccult (Screen for colon cancer)

6.11 Vision test for distance

6.12 Hearing test

6.13 Chest x-ray, two views every three years

6.14 Flexible sigmoidoscopy for individuals over 50 years of age

6.15 Physician monitored treadmill (12-lead ECG) for individuals with high to very-high score on coronary risk profile or physician's decision based on ECG review from graded treadmill results
*Assessments and screening (labs) may be performed at another facility. Results will be provided by NBFD for physician's review.

Summary Reports will include:

6.16 "Fit for Duty" report to Fire Department and Human Resources; RFP No. 25-22 17
11-10

SCOPE OF SERVICES

6.17 Personal participant folder with test results, physician's summary and recommendations, and a co y of the "fit for duty" form.

7. Skin Screening

7.1 I Annual skin cancer screening performed by a California licensed Dermatologist.

8. Cardiac and Other Specialized Tests

8.1 As a result of the Annual Medical Evaluation, the City may require specialized diagnostic testing services including but not limited to Cardiac Stress Tests; Magnetic Resonance lmaoino (MRI); or Computer Axial Tomooraphy (CT or CAT Scan).

9. Lab Work

9.1 Venipuncture

9.2 Professional lab work including, but not limited to, Hepatitis B, Hepatitis C, PSA, RBC, plasma cholinesterase, C-reactive protein, and any other specialized test that may be ordered by a physician

9.3 Analysis and report of results

10. Additional Misc. Tests
The following tests may be requested by the City (these may include, but not be limited to):

10.1 Farnsworth D-15 (Police Officers additional color vision testino per POST)

10.2 Titers:

Hepatitis B, varicella and MMR (if born after 1956) if no documentation of immunizations or illness (chickenpox);
Hepatitis C (Pre-placement for Police, Firefighters, Career Lifeguard and Rescue workers)

10.3 Tetanus Diptheria booster or Tetanus diphtheria acellular pertusis, if not documented

10.4 Hepatitis B immunization (Post hire)

10.5 Hepatitis A immunization (Post hire)

10.6 MMR Immunization (Post hire)

10.7 Rabies Vaccination (Animal Control personnel)

10.8 Spirometrv

10.9 OMV Physical - Medical exam to ensure drivers are capable and fit to perform in job assignments that require a commercial driver's license

10.10 DOT Drug Screen - Pre-employment and random drug and alcohol testing of employees in safety-sensitive positions that require a commercial driver's license. Testing needs to be DOT compliant utilizing chain-of-custody forms/protocols per City policies and procedures

10.11 Respiratory Fit Testing - Initial fit testing for employees in a position that may require use of respiratory protection equipment. Surveillance after initial test with questionnaire reviewed by medical professional. Follow up call and/or medical examination may be required dependino on the content of the questionnaire.

RFP No. 25-22 18
11-11

SCOPE OF SERVICES

10.12 Ultrasound - various (must indicate whether these are performed onsite) RFP No. 25-22 19
11-12

hoage ATTACHMENT B
,_
t .

2. ,3,.

4. ,5 1.
16 1.
7,.

COST FILE
PROPDSEID PRICINl
1 G - HEAJL'TH SCREE INIIIINIG SERVICES
*Please refer to the Scope of Services for detail's l:nvo.lvirig each type* ServicefScreening Type Cost Per Service I Per Person -
Glass 1 Examllnatilon NIA
$
Glass, 2 Examllnatiion NIA
$
Glass .3 Ex.amllnatiion 550.00
$
Executiive Managem,enl
Posiiti,ons EvaluaH,on $ 1,150.00
Fiilness for Duty Evalluation $550.00
Annua l! Film Department Standard - $1,250.00 Phys,i
1 c alllMedl",c-al _ HAZMAT - $1,450.00 Ev,alluatr:011~- $ Skin Screen lin.g 75.00
$
11-13
hoage
i81. Card liac and Other
Speci!8liized Tests
(ind:uding but not limited to Cardiac
Str;ess Tests;" Magnetic R'e.sonan'oe
Imaging (MR:I); or Computer .Axial
Tomography (CT or CAT Sca:raJ1
Ba. Fhysiciarm Mofilfrtoired Card f:o Stiress
Test
$ 1,300 .00
8b. Complete Ecliu), 2D M-Mode
$ 750.00
Be. Com,plete Echo Doppler
$ 1,300 .00
Bel. Complete Echo,, Color Flow
$ 1,300 .00
Se. EOG Tracing1
$ 75.00
8f. lEOG !Report
$ 25.00
8g. Staff Mofil itoired Stress Echo
Exercise IEx.emiise Stiress
$ 1,300 (M.D. always present)
8h. Stress Ech.o,, Trac ing1 Only , With.out
lntirep &. Report
$ 750 .00
8ii. Stress Echo , lnterpr ,etatiofil &
Report Only
$ 325.00
8Ji. Tr,eadm illl Test - lFitfiless Assessment
$ 2.75.00
11-14
hoage
91 .. LabiWo: lk
9a. F'1\0l"il0 {OBC. OMFI. LIPID
PROFIU!:) $50. 00
9b. Qu.anlit ron-TB Gold
s.60.00
9c.. Vartce11'a-Zoste AB. lgG
$ 30.00
RF-iP Na. :ffl-2:2

COST F LE
9d. Vitamin D 25 OH, T,ot.tl
$ 75 .00
9a. FSA
s21.oo
9f. ORI?
s 12.00
9g.lro
$34 .00
Qh_ ll'Cli'I Slndtng
$34 .00
9 . TSH 311cil g T
s 12.00
9j. MMR
ss2.oo
9k. V,e:n[puncture
S 10.00

91. H p.a.Utls B
s 41_00
9m. IH,epatllls C
s

27.00 9n. FISA
s21.oo

90. RBC
SB.DO
9p. C-Rt1aci:I
S 10.00
Sq. IH.emoglobln A 1 c
S 12.00
11-15
hoage
1101. Add1tlonal ~ isc•eHaneous T'ests
·10ia,. Famswortih D-15 (Police Offices
addirtio
1 nal cclo i- vision testhilg pei
POSn
10 b. Tirtei-s:

Hepatius. lB, varioerna and MMIR (if born
a1fle1" 1956) if no documenta 1tton of
immunizations oi- illlness (chickenpox );
Hepatiti:s C (Pm-placement fo Police,
Fii-,efi:ghters, Career Liifeguard .and
Rescue workers )
·10c. Tetanus Dipttieria boostei- o
Tetalilus diphtheria acellulai- pertus·s, ~f
not documented
10d. Hepatios B immunizat ion (Post
Hie)
·10e. Hepatius A immunizat ion (Post
hire)1.
·10rf. MMR Immunization (Post hire).
·10g. Rabies Vacoinati,on (Animal
Con~rol Personne l).
·10h. Spirometry
·10i. DIMV Physica l
·1 OJ. DOT D mg Screen
10k. Resp iratory Fit Testing

COST FILE
,$25.00
Hep B, Varicella, M MR - $1 15.00 (all 3)
*All vaccine pricing based off minimum of 10
vaccines due to individual cost - TDAP $55/ea .
.$
:$85/ea.
:$ 85/ea.
:$ 106/ea.
:$ Do not currently provide
:$400.00
$ Do not currently provide
.$ Do not currently provide
11-16
hoage

COST FILE
10their Costs: In the space below, pl,ease indic.a:te any other oo.sts that may be assocf1ated Wil~h providing the requested services, in this RFP ~hat ar,e not included in the taMe abov,e, or any other t,ests/exam·nat.ions tha,t wm.1td be of benefit to the c ·ty':s needs. Tlhe oosts provided in this sectio:n will not be us,ed to assist in the determinatron o·f the contract award. Should additional space be required, us,e a separate page1(s,) and attach as part of the Cost Ffte ..

Mult i-Cancer Blood Testing - $799'.00 (drawn on-site)1 Multi-System Preventative Ultrasound Screen ing Performed on-s i e - $495 .00 The undersigned certifies that .submission of this Proposal is made without prior understa ,nding arrangement , agmement , ,or connection with .any cmporation , .firm or ,person submitting a Proposa l for the .same .services, and .is in all respecls fa'ir and without oolltJsion of fr:aud. The undersigned certifies :tha·t they ha,ve not entered into .any am~mgement or .agreement with any City ,of New,port Beach public officer. The undersigned understa ,nds ooJJusive pract ices are ,a vioJation ,of Sta·te and FederaJ law .and can re•s,ult in fines, prison sentences, and civil damage .awa,rrJs. -
Justin Davis VP Business Development
Prrinted Name alild TliHe
1/7/2025
Date
11-17

1. 2.

3. 4.

5. 6.

7. ATTACHMENT C

UCI COEH - COST FILE

PROPOSED PRICING - HEAL TH SCREENING SERVICES
*Please refer to the Scope of Services for details involving each type* Service/Screening Type Cost Per Service / Per Person
Class 1 Examination
$335
Class 2 Examination
$435
Class 3 Examination
$984
Executive Management
Positions Evaluation $ 984 with a treadmill and $750 without a treadmill* Fitness for Duty Evaluation
$ 450/per hour
Annual Fire Department
Physical/Medical
Evaluation** $1194
Skin Screening
$ 558 by referral to UCI
11-18

COST FILE

8. Cardiac and Other Specialized
Tests
(including but not limited to Cardiac
Stress Tests; Magnetic Resonance
Imaging (MRI); or Computer Axial
Tomography (CT or CAT Scan)
8a. Physician Monitored Cardio Stress
Test
$ 394 by referral to UGI
8b. Complete Echo 20 M-Mode
$ 500 by referral to UGI
8c. Complete Echo Doppler
$ 450 by referral to UGI
8d. Complete Echo, Color Flow
$ 450 by referral to UGI
8e. ECG Tracing
$98
8f. ECG Report
$98
8g. Staff Monitored Stress Echo
Exercise, Exercise Stress
$ 680 by referral to UGI
8h. Stress Echo, Tracing Only, Without
lntrep & Report
$ 570 by referral to UGI
8i. Stress Echo, Interpretation &
Report Only
$ 350 by referral to UClcc
8j. Treadmill Test- Fitness Assessment
$234

9. Lab Work
9a . Profile (CBC , CMP , LIPID

PROFILE)
$ 61
9b. Quantiferon -TB Gold
$82
9c. Varicella -Zoster AB , lgG
$142
11-19

COST FILE
9d. Vitamin D 25 OH T , otal
$30
'
9e. PSA
$48
9f. CRP
$7
'
9g. Iron
$7 -
9h. Iron Binding
$15
9i. TSH 3rd gen*
$18
9j. MMR
$87
9k. Venipuncture
$3

91. Hepatitis B
$84 -
9m. Hepatitis c
$50
' -
9 n. PSA
$ 81 -
9o . RBC
$ 30
9p. C-Reactive
$7
~
9q. Hemoglobin A 1 c
I 1$6 -
11-20

COST FILE

10. Additional Miscellaneous Tests
10a. Farnsworth 0-15 (Police Officers
additional color vision testing per
POST) $83
1 Ob. Titers:

Hepatitis B, varicella and MMR (if born
after 1956) if no documentation of $38, $35, $53, $50
immunizations or illness (chickenpox);
Hepatitis C (Pre-placement for Police,
Firefighters, Career Lifeguard and
Rescue workers) $176
1 Oc. Tetanus Diphtheria booster or
Tetanus diphtheria acellular pertussis, if
not documented $ 72 Tdap, $41 Tetanus
1 Od. Hepatitis B immunization (Post
Hire) $84
1 Oe. Hepatitis A immunization (Post
hire). $95
10f. MMR Immunization (Post hire).
$87
1 Og. Rabies Vaccination (Animal
Control Personnel). $180
1 Oh. Spirometry
$83
1 Oi. OMV Physical
$ 210
1 Oj. DOT Drug Screen
$56
1 Ok. Respiratory Fit Testing
NOTE- Depending on Scheduling - Fit Testing maybe
available -we can discuss during negotiations.

COEH Can provide
Surveillance Questionnaires $55, with phone call add $55 additional
Additional: Flexible sigmoidoscopy - without Biopsy $227 with Biopsy $272 by referral to (individuals over fifty) UCI
Note: Any service or procedure not specified above will be negotiated on a case-by-case basis Price will be based on actual referral cost to the provider *Treadmill will be deducted if not preformed
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COST FILE
Other Costs: In the space below, please indicate any other costs that may be associated with providing the requested services in this RFP that are not included in the table above, or any other tests/examinations that would be of benefit to the City's needs. The costs provided in this section will not be used to assist in the determination of the contract award.

Should additional space be required, use a separate page(s) and attach as part of the Cost File.

The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Proposer Signature
Bernadette Boden-Albala , Founding Dean, Wen Public Health Printed Name and Title
1/28/25
Date
11-22

= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Barbara J. Salvini, Human Resources Director - 949-644-3300 , [email protected]
PREPARED BY: Sarah Rodriguez, Human Resources Manager - 949-644-3301 , srod riguez@newportbeachca .gov
Status of City of Newport Beach Vacancies and Retention Efforts TITLE: Pursuant to Government Code Section 3502.3
ABSTRACT:

Assembly Bill (AB) No. 2561 adds Government Code section 3502.3 to the Meyers-Milias Brown Act (MMBA), imposing new obligations on public agencies, requiring them to report on their job vacancies and recruitment efforts at least once per fiscal year, prior to the adoption of the budget. The law provides employee organizations with the opportunity to present their views and, depending upon the vacancy level, request additional information on vacancies within their bargaining units. AB 2561 is designed to help avoid the negative effects understaffing has on the delivery of public services as well as on public employees .

DISCUSSION:

Effective January 1, 2025, California Government Code requires the City of Newport Beach to publicly report information regarding vacancy rates and recruitment and retention efforts. This reporting must be done at least once a fiscal year, prior to budget adoption . The presentation must include tracking vacancies and reporting on the City's recruitment and retention efforts. Additionally , the public hearing provides an opportunity to identify any policies, procedures and/or recruitment efforts which may create challenges in the City's hiring process. In those cases, the City should also identify potential changes to alleviate any hiring obstacles .
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Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
May 13, 2025

Page 2 ends

If the vacancy rate in a particular bargaining unit exceeds 20% of the total number of authorized full-time positions, that bargaining unit's labor representative may request additional information which the City must provide, including the total number of job vacancies within the bargaining unit; the total number of applicants for the bargaining unit's vacant positions; the average number of days to complete the hiring process once a position has been posted; and what opportunities exist to improve compensation and other working conditions . Employee organizations are also permitted to make a presentation at the public hearing when the City makes its presentation .

The City has seven full-time employee collective bargaining associations , one full-time employee union, and one unrepresented full-time group (collectively referred to as units).

Based on the current data, none of the units has a vacancy rate exceeding 20% of the total number of authorized full-time positions. The specific vacancy information is contained in Table A:

Table A
Full-Time Position Vacancy
Bargaining Unit Budgeted Positions
{FTE for FY '24-
0 25)
City Employees Association 99
Employees League 106
Fire Association 125
Fire Management Association 4
Lifeguard Management Association 11
Police Association 199
Police Management Association 33
Professional and Technical 92 Employees Association
Total 669
Unrepresented Group Budgeted Positions
{FTE for FY '24-'25)
Key & Management 103
FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Positions Filled Vacancies {#} Vacancies (%)
97 3 3%
104 2 2%
119 6 5%
4 0 0%
11 0 0%
189 10 5%
33 0 0%
89 2 2%
646 23 3%
Positions Filled Vacancies {#} Vacancies(%}
99 4 4%
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. 12-2
NOTICING:

Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
May 13, 2025

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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 - Status of City of Newport Beach Vacancies and Recruitment and Retention Efforts PowerPoint
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ATTACHMENT A
AB 2561 PRESENTATION
Status of City of Newport Beach Vacancies and
Recruitment and Retention Efforts
May 13, 2025

CITY OF

NEWPORT BEACH
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VACANCY INFORMATION - BARGAINING UNITS
Full-Time Position Vacancy
Bargaining Unit Budgeted Positions Positions Filled Vacancies (#) Vacancies (%) (FTE for FY '24-'25) City Employees Association 99 96 3 3%
League Employees Association 106 104 2 2%
Fire Association 125 119 6 5%
Fire Management Association 4 4 0 0%
Lifeguard Management Association 11 11 0 0%
Police Association 199 189 10 5%
Police Management Association 33 33 0 0%
Professional and Technical 92 90 2 2% Employees Association Total 669 646 23 3%
Unrepresented Group Budgeted Positions Positions Filled Vacancies (#) Vacancies (%) (FTE for FY '24-'25) Key & Management 103 99 4 4%
Vacancy (Position Control) 1st Quarter, 2025.

CITY OF
NEWPORT BEACH 2
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Recruitment Highlights for Fiscal Year 2024-2025
• Online Job Interest Cards Received: 2,662 cards
• Job Applications Received: 6,581 applications
• Recruitments Opened: 48 recruitments
• New Employees Hired: 90 employees
• Promotions/Appointments: 47 employees

CITY OF
NEWPORT BEACH 3
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City Competitive Benefits
Work Schedules Offered 5/40, 9/80, 4/10
Salary Adjustments Cost of living salary increases (*MOU Driven) California Public Employees Retirement System (CalPERS), Retirement Benefits Retiree Health Savings (RHS) Plan, Laborer's International Union of North America (LIUNA)
Deferred Compensation (457 Plan) Optional participation. City-Paid contributions (*MOU driven) Paid Time Off Flex leave program
Paid Holidays 12 observed holidays and one floating holiday annually Medical Plans 12 medical plan options including dental & vision plans Cafeteria Plan Medical plan participants receive a monthly cafeteria allowance Medical Opt-Out Eligible employees may receive a opt-out cafeteria allowance Bereavement Leave 40 hours of paid leave
Life Insurance City-paid policy up to $50,000 in coverage Disability Insurance City-paid benefit
Employee Assistance Program (EAP) City-paid benefit
Tuition Reimbursement Up to $2,000 per fiscal year
Benefits may slightly differ per BU, refer to MOU.

CITY OF
NEWPORT BEACH 4
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Bargaining Unit Competitive Benefits
City Employees Association The City matches Deferred Compensation contributions up to a maximum of $30 per month. Additional City matching based on years of service.

Professional and Technical
Employees Association 80 hours of telecommuting per year.

Employees League The City contributes $25 per month to Deferred Compensation for eligible members.

Fire Association/Fire Management The City matches Deferred Compensation contributions up to 1.5% of base salary for safety members in the 2%@50 or 2.7@57 Association retirement benefit tiers.

Police Association/ The City contributes 2% of base salary to Deferred Compensation Police Management Association for all members.

Refer to MOU for details .

CITY OF
NEWPORT BEACH 5
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Newport Beach City CouncilMay 13, 2025

Newport Beach City Council
May 13, 2025