West Covina City Council
July 1, 2025

CNS/RQA/CA, INC. Updated 4/29/25
9 Revolution Foods
5743 Smithway Street, Ste 103
Commerce, CA 90040
Contact: Patrick Fierro
[email protected]
323-838-5555
Fax: 323-838-5419
Cell: 909-289-8900
Revolutionfoods.com
Frozen Meals
10 Rolling Wok Restaurant
1609 South San Gabriel Blvd.

San Gabriel, CA 91776
Contact: Mingling (Tony) Wang
[email protected]
626-435-5223
Fax: 323-464-2399
Chinese-style meals
11 Sophy’s Cambodian Town
3240 Pacific Coast Highway
Long Beach, CA 90804
562-489-5589
[email protected]
Cambodian/Thai-style meals
12 St. Vincent Senior Nutrition Program
2303 Miramar St.

Los Angeles, CA 90057
Contact: Veronica Dover
[email protected]
213-484-7775
Fax: 213-484-7276
American-style meals
Danny Franco: [email protected]
Kathy Sato: [email protected]
Julio Sagustume:
[email protected]
13 Trio Community Meals – Azusa On-site
Caterer
Contact: Joel Medina
[email protected]
Contact: Aleli Garzon:
[email protected]
Contact: Miguel Gomez
[email protected]
Azusa Senior Center: 740 N. Dalton Ave
Azusa, CA 91702
14 Trio Community Meals – Glendale On-site
Caterer
Glendale Adult Recreation Center:
201 E. Colorado
Glendale, CA 91205
Contact: Trio Community Meals – Long Beach
Contact: Joel Medina
[email protected]
15 Trio Community Meals – Huntington Park
3355 E Gage Ave.

Huntington Park, CA 90255
Contact: Joel Medina 323-749-6780
[email protected]
Contact: Jose Vargas
[email protected]
562-218-2813
American-style meals
16 Trio Community Meals - Inglewood On-site
Caterer
111 No. Locust Street
Inglewood. CA 90301
Contact: Hector Ortega
[email protected]
Inglewood Nutrition Director: Bharat (Baz)
Devlia
[email protected]
310-412-4360
American-style meals
LA County AD & AAA
Approved Caterers
FY 2025-2026

CNS/RQA/CA, INC. Updated 4/29/25
17 Trio Community Meals – North Hills Culinary
Center
8329 De Celis Place
North Hills, CA 91343
Contact: Carlos Giese:

[email protected]
818-895-1161
Fax: 818-895-1177
American-style meals
18 Trio Community Meals – Paramount On-site
Caterer
14400 Paramount Blvd.

Paramount, CA 90723
Site: 562-220-2090
Joel Medina
[email protected]
American-style meals
AGENDA ITEM NO. 6

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: July 1, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN

WITTMAN ENTERPRISES, LLC AND THE CITY OF WEST COVINA FOR

AMBULANCE BILLING SERVICES
RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Authorize the Acting City Manager to execute a Professional Services Agreement with Wittman Enterprises, LLC for ambulance billing services for a term of August 1, 2025 through July 30, 2030, in such final form as approved by the City Attorney; and

2. Authorize the Acting City Manager to negotiate and execute all documents necessary in connection with the ambulance billing services, in such final form as approved by the City Attorney.

BACKGROUND:

Wittman Enterprises, LLC ("Wittman") has provided ambulance billing services to the City since 2005. In 2015, the City issued a Request for Proposal ("RFP") for ambulance billing services. Following the RFP process, the City entered into a three-year agreement with Wittman, with two one-year extension options.

On September 1, 2020, the City Council approved dispensing with formal bidding requirements in connection with the procurement of ambulance billing services and authorized the City Manager to negotiate and execute a new agreement with Wittman. The current agreement has a term of August 1, 2020 through July 31, 2025.

Under Wittman's current agreement with the City, the scope of services includes:

Preparing invoices and follow-up mailings with both English and Spanish instructions. Initial invoicing occurs within three (3) days of receipt of transport tickets.

Prepares all invoices and electronically conveying them to Medicare and MediCal fiscal intermediaries.

Handling delinquent claims for patients with claims aging over 45 days.

Providing Electronic Patient Care Report services with the Digital EMS system in use by the City.

Providing Ambulance Subscription Program Management services, which consists of an online web portal that accepts new applications and renewals.

DISCUSSION:

The Fire Department is requesting to continue its relationship with Wittman for ambulance billing services The Fire Department is requesting to continue its relationship with Wittman for ambulance billing services by piggybacking onto the City of Pasadena's agreement with Wittman. Wittman has been a trusted and valued partner with the City since 2005.

Pursuant to Section 2-335(7) of Division 2 of Article VII of the West Covina Municipal Code, purchases made using another governmental or public agency's contract of substantially the same terms are exempt from the City's competitive procurement requirements, provided: (a) the other agency used a solicitation method substantially similar to the method required by Division 2 of Article VII of the Municipal Code; and (b) the Purchasing Officer determines the City will realize overall value by utilizing the other agency's contract or contract terms compared to the City performing its own procurement. The Purchasing Division has verified that the City of Pasadena's RFP meets the City of West Covina's bidding requirements as outlined in the City's Municipal Code and determined that the City will realize overall value by utilizing Pasadena's contract terms compared to the City performing its own procurement. Pursuant to the City of Pasadena's agreement with Wittman, Wittman charges Pasadena at a rate of 3.75% for net collections and $13.50 per enrollment for membership program administration services.

The Fire Department is required to have an Electronic Patient Care Reporting System ("ePCR") as mandated by Los Angeles County Department of Health Services provider agency mandates. The City uses Digital EMS as its ePCR vendor. As part of Wittman's scope of services provided to the City, Wittman purchases the ePCR program annually for the sum invoiced by Digital EMS, currently at the rate of $4.25 plus $.10 for faxing. Digital EMS estimates the number of uploads each year. If the number of incident uploads is less than the estimated number, Wittman obtains a refund of the unused incident uploads from Digital EMS and tenders the same to the City. Wittman passes through pre-paid Digital EMS ePCR costs to the City for payment as part of regular monthly invoices.

Revenues for ambulance services provided by Wittman are remitted to the City through two methods.

The first method is direct payment to Wittman on behalf of the City. The second method is direct deposit for patients eligible for Medi-Care and/or Medi-Cal. Wittman remits revenues they receive to the City as a pass-through and then invoices the City for the cost of services.

Fiscal Year Rate Revenue to City Cost for service to Wittman Fiscal Year 2019/2020 4.5% $2,650,362.86* $119,266.32*
Fiscal Year 2020/2021 3.9% $2,600,000.00** $101,400.00** Fiscal Year 2021/2022 3.9% $2,826,506.02 $152,594.47 (includes Digital EMS) Fiscal Year 2022/2023 3.9% $3,062,584.69 $120,646.09
Fiscal Year 2023/2024 3.9% $4,569,572.01 $258,472.66 (includes Digital EMS) Consistent with the terms of Pasadena's agreement, under the proposed agreement, Wittman will charge West Covina at a rate of 3.75% for net collections and $13.50 per enrollment for Ambulance Subscription Program services.

LEGAL REVIEW:

The City Attorney's Office has reviewed the draft agreement and approved it as to form and will review and approve the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendations; or

2. Provide alternative direction.

Prepared by: Mike Browne, Acting Fire Chief
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

Wittman currently charges a 3.9% rate of net collections. Under the proposed agreement, Wittman will charge the City a 3.75% rate of net collections. The cost of the ePCR program is at a rate of $4.25 plus $0.10 for faxing as charged by Digital EMS . These costs are expected to remain the same under the new agreement The cost breakdown for Wittman, Digital EMS, and related costs (based on a projected 7,657 emergency medical service calls in FY 2023-24) is as follows:

Ambulance
transport collection
Wittman* Wittman expenditure
with Digital EMS
Estimated revenue
Total**
Current $4,828,044.67 3.9% (net collections)* $258,472.66 $4,569,572.01** Proposed $4,900,000.00 3.75% (net collections)*$230,000.00 $4,760,000.00** *No fiscal impact.
**Fiscal impact includes the cost of ePCR. The total assumes 7,700 emergency medical service calls as estimated for FY 2023-24.

Revenue will be deposited into Account No. 110.408.32.00.00.00.46.46090 (Ambulance Services). The cost of the proposed service is budgeted for Fiscal Year 2025-26 in Account 110.502.32.10.00.00.61.61200 (Other Contractual Services). If there is an increase to revenue, there will be an increase to expenditures in which case, Council will be updated through a budget amendment.

Attachments
Attachment No. 1 - Pasadena RFP
Attachment No. 2 - Agreement between Pasdena and Wittman Attachment No. 3 - Professional Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
A Well-Planned Community

REQUEST FOR PROPOSALS

EMERGENCY MEDICAL SERVICES (EMS) BILLING AND

COLLECTIONS

FOR THE

FINANCE DEPARTMENT

CITY OF PASADENA PURCHASING DIVISION
ATTACHMENT NO. 1

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

NOTICE REGARDING DISCLOSURE
OF

CONTENTS OF DOCUMENT
All responses to this Request for Proposal (RFP) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City Manager recommends a contractor to the City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Table of Contents
A. INTRODUCTION ........................................................................................................ 5

1. Summary 5

2. Background 5

3. Contact Information 5

4. Timeline 6
B. SUBMITTAL PROCESS AND INSTRUCTIONS ............................................................... 7

1. Funding Source 7

2. Electronic Submission and Delivery Instructions 7

3. PRICE PROPOSAL: PRICE Proposal Submittal 7

4. Deadline for RFP Questions 7

5. No Pre-Proposal Meeting 8

6. Definitions 8

7. Addenda 9

8. Withdraw of Proposal 9
C. SCOPE OF WORK .................................................................................................... 10

1. SCOPE OF WORK 10

2. EMS BILLING AND COLLECTION SERVICES DETAILED SCOPE OF WORK 10

3. SUBSCRIPTION PROGRAM SCOPE OF WORK 15
D. PRICE PROPOSAL .................................................................................................... 16 E. EVALUATION CRITERIA ........................................................................................... 17 F. REVIEW AND AWARD RECOMMENDATION PROCESS............................................. 20

1. Review and Award 20
G. GENERAL REQUIREMENTS ..................................................................................... 21

1. Pasadena Living Wage Ordinance 21

2. Local Preference 21

3. Certificate of Insurance 22

4. Standard terms and conditions 22

5. Equal opportunity contracting 22

6. Firm commitment of availability of service 22

7. Reservations 22

8. Documents to be construed together 22

9. Errors and omissions 23

10. RFP not contractual 23

11. Patent fees; patent, copyright, trade secret and trademark fees 23

12. Taxes 23

13. Taxpayer protection amendment 23

14. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE 23

15. Request for Proposal (RFP) quantities: 24

16. CHANGE ORDER MANAGEMENT 24

17. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9) 24

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

18. Pasadena Business License 24

19. CONFLICT OF INTEREST STATEMENT 24

20. Invoice Submission Portal 24

21. Contract Duration 25
H. INSURANCE REQUIREMENTS .................................................................................. 26

1. Insurance Requirements (PROFESSIONAL SERVICES) 26
I. PUBLIC CONTRACT CLAIMS PROCEDURE ................................................................ 27 J. CONTENTS OF PROPOSAL ...................................................................................... 32

1. Mandatory Contents 32

2. Cover Letter 32

3. Table of Contents 32

4. Required Certifications 32

5. Technical Proposal, and Price Proposal 33

6. Additional Data 33

7. PROPOSER'S CHECKLIST 33

8. ADDITIONAL REQUIREMENT 34
K. CONFLICT OF INTEREST .......................................................................................... 35 L. PLANET BIDS INSTRUCTIONS .................................................................................. 38 M. Vendor Questionnaire (Form AA-1) ........................................................................ 41 N. Project Workforce Utilization (Form AA-2) ............................................................. 43 O. Current Permanent Workforce Utilization (Form AA-3) ......................................... 45 P. Non-Collusion Declaration ..................................................................................... 46

Attachments:

A - Master Services Contract

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

A. INTRODUCTION

1. Summary
The City is seeking billing and collection services for Emergency Medical Services provided by the Fire Department as outlined in this RFP.

2. Background
The City of Pasadena is an ethnically diverse community that is home to approximately 141,029 people. Pasadena is the ninth-largest city in Los Angeles County. It is one of the primary cultural centers of the San Gabriel Valley. The City covers approximately 22.5 square miles, with an average of ten residents per acre. The median age of its residents is approximately 36.9 years.

There are over 100,000 jobs in a wide variety of industries in the City of Pasadena.

The Pasadena Fire Department consists of approximately one hundred and sixty Paramedics and Emergency Medical Technicians operating out of eight fire stations with a total of eight fire engines, two fire trucks, five rescue ambulances (RAs) and five reserve RAs. The Pasadena Fire Department received calls for approximately 17,022 unique incidents in FY 2021, seventy-seven percent of which were categorized as medical calls. Patients from the City of Pasadena are routinely transported to local area hospitals, but may also be sent to more distant hospitals.

Transports are accomplished via one of the five RAs, but due to operational needs reserve RAs may also be placed into service. The City currently issues approximately 9,899 bills totaling almost twenty million dollars annually. The collection rate is approximately 27% of the gross billed amount or 66.55% of net charges.

The City of Pasadena is currently using the Medic ClipBoard system by Digital EMS Solutions, Inc. to collect electronic patient care information. This data is uploaded to Wittman Enterprises, LLC who bills the patients (including insurance companies, Medicare, and MediCal), generates the necessary reporting, and follows up with any required progress billings or reminders.

Uncollected accounts are ultimately turned over to the City of Pasadena Collections Unit for collection actions. It is the intention of the City to continue to utilize technology to the City’s best advantage.

3. Contact Information
Project Contact:

Maria Torres
Management Analyst
Email: [email protected]
Phone: (626) 744-4351
Procurement Contact:

Antonio Watson
Project Manager
Email: [email protected]
Phone: (626) 744-8382

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Department:

FINANCE DEPARTMENT

4. Timeline
Release Project Date May 11, 2022
Question Submission Deadline May 26, 2022, 4:30pm
Proposal Submission Deadline June 2, 2022, 4:30pm

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

B. SUBMITTAL PROCESS AND INSTRUCTIONS

1. Funding Source
This procurement is funded by City of Pasadena. Vendors must submit all required document with their proposal.

2. Electronic Submission and Delivery Instructions
Parties interested in responding are required to submit proposals electronically through Planet Bids no later than 4:30 pm on Thursday, June 2, 2022.

The entire proposal must be formatted on standard-size 8½”x11” pages; printed on one side only; 12 point font only and no more than 50 grand total pages including all required attachments.

All Proposals shall be in PDF files uploaded into Planet Bids.

Upload sufficiently early electronically through Planet Bids before the time and day listed in the Notice Inviting Proposals. Proposals must be received in the system prior to the deadline.

Proposals received after the Proposal Deadline may not be accepted by the City.

3. PRICE PROPOSAL: PRICE Proposal Submittal
Parties interested in responding are required to submit their Cost Proposal with their Technical proposal through Planet Bids.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

4. Deadline for RFP Questions
The deadline to submit questions related to this RFP is Thursday, May 26, 2022, prior to 4:30 pm.

Questions regarding this Request for Proposals should be directed only to the person(s) designated below. Do not contact any other City employee or official regarding this RFP.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Questions shall be in written format and be submitted ONLY via e-mail General and/or technical questions:

FINANCE DEPARTMENT
Maria Torres, Management Analyst
(626) 744-4351
[email protected]
Questions regarding the City of Pasadena Purchasing Procedures, and Pasadena Living Wage Ordinance:

Antonio Watson, Project Manager
Department of Finance
(626) 744-8382
[email protected]
Any questions submitted after the date and time specified will not be considered.

Vendor Registration Instructions & Customer Service information:

Click here to register onto Planet Bids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 If you are already registered and need help logging in or retrieving your user information call 818-992-1771 x0.

Additional instructions are included in this solicitation (See section named "Instructions for Registering onto Planet Bids").

Customer Service
For assistance with e-bidding or uploading documents: Contact Planet Bids Monday through Friday 5am - 5pm PST, except statutory holidays

5. No Pre-Proposal Meeting
The City does not plan to hold a pre-proposal meeting. Instead, the City will accept written questions via email.

6. Definitions
The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

7. Addenda
If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit to the City representative(s) identified in the subsection named "Deadline for RFP Questions," above, a written request for an interpretation or correction thereof.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The Proposer is responsible to register with “PLANET BIDS” at www.cityofpasadena.net to insure they receive all RFP documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

8. Withdraw of Proposal
Any Proposer may withdraw their proposal, by written request at any time prior to the time set for the opening of proposals.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

C. SCOPE OF WORK

1. SCOPE OF WORK
The City of Pasadena is seeking proposals from companies that provide EMS billing and collection services. Proposers will receive electronic patient care information from another city hired vendor, convert this information into proper billing statements, and perform all required follow up and customer services which result in the collections of City revenues for emergency medical services. The billing and collection solution must provide all of the applicable hardware, software and connectivity components for the EMS billing and collection services, as well as a conversion plan for migration from current provider if they are not selected.

The Scope of Work is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project. Each proposer shall propose the services described in this section, Scope of Work, and shall describe how it intends to provide each service.

2. EMS BILLING AND COLLECTION SERVICES DETAILED SCOPE OF WORK Each proposer shall propose complete EMS Billing and Revenue Collection services using imported electronic data provided by the City, currently via the Medic Clipboard by Digital EMS or any data source contracted by the City, including the following:

1. Provide all supplies, equipment, personnel, computer hardware and software, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day to day basis, the City’s EMS billing and accounts receivable functions.

2. Comply with all provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state and local statutes and regulations addressing patient privacy issues.

3. Maintain proficiency and comply with all statutory, regulatory and other legal requirements, including amendments to such requirements, which might impact billing, reimbursement and/or collections for EMS and release of private medical information.

4. Bill insurance companies and individuals within two days (48 hours) of receipt of information for EMS provided by the City, collect fees paid by billed parties, deposit fees collected into City accounts and provide continued collection efforts for up to 120 days from the date of initial billing (associated with item 7, below). At least two additional notices shall be mailed on all unpaid accounts on a schedule to be determined prior to award of contract.

5. State whether or not billing to insurance companies and individuals can be accomplished within one day (24 hours) rather than two day (48 hours) of receipt of information for EMS provided by the City. If not able to do 100% of the time, please indicate what percent of the time is achievable.

6. The proposed service/product must have the capability to customize wording and images used on customer mailings. Customized mailings must be reviewed and approved by the City to ensure that the City is properly represented to the public.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

7. After 120 days of collection efforts, unpaid accounts must be turned over the City’s Collection Department within one week of 120th day. Additionally, when the responsible party’s billing information is not identified by proposer within 60 days, the account must be turned over to the City’s Collection Unit within one week of 60th day. The successful proposer will treat all debtors fairly, with professionalism, honesty and integrity while obtaining the maximum results. The City will be the final arbiter of disputes between the successful proposer and customers; its decision will be final.

8. Perform all follow up work required in order to maximize collection of all payments, including additional correspondence and telephone calls. This includes management of all third-party claims and inquiries as well as Medicare and Medi-Cal claims and billings.

9. Provide sufficient qualified personnel to meet all provisions of the Scope of Work in a timely manner, including timely generation of bills for over 15,000 individual patient contacts per year (all contacts do not result in a billing). The successful proposer shall generate a patient’s initial bill within 48 hours of receipt by the proposer of all information necessary to generate such a bill.

10. Provide customer service; including a 24-hour telephone service for customers, 24-hour voice mail system and 800-number. System must be able to accept voice mail messages and route to appropriate person 24 hours per day. The successful proposer must make a good faith effort to contact customers within 24 hours after initial contact from the customer. Periodic reports on customer service response times should be provided to City at least annually.

11. Contractor shall accept payments directly, and shall within one day of receipt, deposit payments into the City’s general bank account. City may opt to utilize Lock Box services with a bank selected by City. Payments shall be posted to patient’s accounts within one working day of receipt.

12. Provide monthly reports detailing deposits, adjustments, refunds, and balances to the City (to the Finance and Fire Departments) within three working days after month end. Please provide sample report(s) documenting this step.

13. Provide a reconciliation of cash receipts of the City used in determining monthly net receipts used to calculate payment as invoiced to City for services rendered.

14. Proposer shall maintain an active Quality Assurance, Internal Auditing Controls, and audit program for detecting, correcting and avoiding processing errors.

15. Proposer shall follow industry best practices regarding data security.

16. Proposer shall indicate whether or not they have completed a Statement on Standards for Attestation Engagements (SSAE 16) SOC 2 Report on Controls at a Service Organization Relevant to Security, Availability, Processing Integrity, Confidentiality or Privacy. If it has been completed, please submit a copy. If it has not been completed please indicated if one is planned or if proposer is willing to have this completed at their own cost.

17. Cost of Services – The cost of services shall be stated as a percentage of collected revenue, less any refunds or adjustments. Provide rates to reflect a 60 month agreement with an optional one year extension.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

18. Provide monthly reports of any and all disclosures or releases of data or information and the reasons therefore.

19. Describe your approach for researching the ability of all persons who may be legally obligated to pay for services provided and bill accordingly.

20. Provide eligibility screening and insurance assistance to customers who lack current coverage, including providing Medical information and instructions for processing.

21. Describe your solution for handling the City’s outstanding accounts receivable from billings for services rendered prior to transition to the successful proposer. Also state what fees will be charged for this solution.

22. Describe the specific collection process and techniques that would be used to assist the City of Pasadena in collecting accounts receivable due to the City of Pasadena Fire Department for Emergency Medical Services (EMS).

23. Describe any other aspect of collection capabilities of your firm that distinguishes it from other firms offering this service.

24. Describe the expected method of compensation for these services. The City expects to pay a percentage of net collection for the services provided.

25. Describe your experience interfacing with the Medic ClipBoard system by Digital EMS Solutions, Inc. It should be noted that the City retains the option to replace this electronic patient care reporting (ePCR) vendor with another qualified vendor during the term of the contract.

26. The successful firm shall seek to obtain reimbursement for the charges generated by the City’s Emergency Medical Services. Reimbursement shall be pursued through the billing of patients, property owners, third-party payors (i.e. public or private healthcare insurance carriers), etc., for services rendered.

27. Please explain your experience with California AB 678, California Ground Emergency Ambulance Transportation (GEMT) and how you have assisted clients in handling.

28. The successful firm shall provide on-going consultation to assist the City on matters related to the collection of the above charges, to include advice on current developments in Medi-Cal and Medicare reimbursements, private healthcare insurance reimbursements, and claims management techniques. The successful firm shall provide monthly management reports required to manage the account receivables generated by the Emergency Medical Services.

Please submit samples of all reports that are available to the City by including them in your proposal. That information shall include, but not be limited to, the following reports required on a monthly basis:
a. A report of gross and net charges for the current month, gross and net charges for the same month during the prior year and a 12-month average of gross and net charges. b. A report of gross and net collections for the current month, gross and net collections for the same month during the prior year and a 12-month average of gross and net collections. c. A report of the net collection percentage for the current month, net collection percentage for the same month during the prior year and a 12-month average of the net collection percentage.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

d. A detailed accounts receivable aging report.
e. An analysis of gross charges and gross receipts by pay classification (i.e. self-pay, commercial insurance, Medicare, etc.).
f. An analysis of bad debts written off.
g. A reconciliation of beginning and ending accounts receivable balances for the month.

29. Describe analysis on ePCR submissions and format proposer will perform to help identify areas of improvement and assist with staying current with trends in the profession.

30. Describe training proposer will provide to Pasadena Fire Department (PFD) staff aimed at improving report writing, data collection, etc. which would improve collections.

31. Accounting
Monthly reports will be submitted to the City of Pasadena Fire Department and the Finance Department. Prior to implementation and if future changes are proposed, these reports in draft form will be submitted for review and approval by the City Finance Department and the Fire Department for adherence to generally accepted accounting principles and the needs of the City of Pasadena.
a. TRANSACTION SUMMARY – On or before the seventh day of each month the Billing Agent will provide a report indicating the billing status of each account listed alpha, by name and numeric by account as of the end of the previous month.
b. AUDIT CLAUSE – The City reserves the right to audit the records of Billing Agent. The Billing Agent shall make and keep full and complete records and books of accounts of revenue and income, costs and expenses that specifically relate to performance under this contract. Records and books of account, together with any or all other memoranda pertaining thereto that may be kept, maintained or possessed by Billing Agent, shall be open to examination during regular business hours by the City or its representatives for the purpose of inspection, auditing, verifying, or copying the same or making extracts there from. The Billing Agent shall make and keep said records and books of account in accordance with generally accepted accounting practices and legal records retention requirements.
c. POLICY MANUALS – The Billing Agent shall provide to The City manuals outlining the policies and procedures established to facilitate the processing of the contract between the parties. d. PAYMENT TERM – The Billing Agent must remit all funds collected to The City. Payments made to the Billing Agent will be based upon "net billings", payments less amounts refunded or credited as a result of overpayments, erroneous payments or bad checks, with a scheduled disbursement of net 30 days.
e. BANK ACCOUNT – A bank account will be maintained in the name of The City of Pasadena, at a bank approved by the City, and all cash receipts will be received daily into said account. Billing Agent will have no ownership rights in the bank account. Money brought directly into the office by customers will be handled separately. Billing agent is to recommend optimum banking/deposit arrangement and options with a clear description of all internal controls.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

f. REFUNDS – Any refunds to be issued will be initiated by the Billing Agent or the City Office of Accounting with the appropriate documentation provided by the Billing Agent. Checks will be written and mailed from the City’s Accounting Office.
g. RECORD RETENTION REQUIREMENTS – The successful proposer shall comply with all Federal, State, and City requirements for records retention. Upon the termination of the contract all records requiring retention shall be returned to the City in a complete and organized manner complying with the City’s then current storage and retention requirements.

32. During the Transition Period, it is anticipated that as of a specific date the successful proposer shall beginning billing all services and Wittman would continue to bill the services performed prior to the specific cutover date. If an alternate solution is desired, please provide details.

33. The successful proposer shall transition the City, its employees, officers and staff to the use of their electronic system for billing and collection for services rendered. Each proposer shall propose an implementation and training schedule.

34. A Waiver Policy for EMS related fees will be implemented in FY 2023 by the City. Contractor should outline capabilities and experiences with administering Waiver Policies on behalf of jurisdictions.

35. Contractor shall provide a designated Account Manager / Representative that will serve as a Liaison between the City and contractor for all inquiries, and will respond to all questions and requests within three (3) business days. An Account Manager shall be made available Monday through Friday, during normal business hours, excluding holidays recognized by contractor.

36. Contractor must have the ability to provide and customize monthly key performance indicator (KPI) reports of electronic patient care reporting (ePCR) forms on a scheduled basis determined by the City.

37. Contractor must have the resources and ability to perform randomized audits regarding the completion rates of the Department’s ePCR forms, and report audit results on a scheduled basis determined by the City.

38. Contractor must have experience with California AB 678, California Ground Emergency Ambulance Transportation (GEMT) enacted in 2011, and detail experience with assisting client jurisdictions in handling cost reporting.

39. Contractor must describe extent of familiarity with the Public Provider Intergovernmental Transfer (PPIGT) program.

40. Contractor must have experience with EMS and ambulance balance billing.

41. Contractor must be able to distribute and collect quarterly Patient Satisfaction Survey Forms from the Pasadena community and provide survey results to the Pasadena Fire Department on a consistent basis; any additional cost for this service must be clearly outlined.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

3. SUBSCRIPTION PROGRAM SCOPE OF WORK

1. The Fire Department plans to initiate a Paramedic Subscription Program in Fiscal Year 2023.

The successful contractor must have experience managing EMS billing for a Paramedic Billing Subscription or Membership Program.

2. Contractor will receive membership application payments, enter City members into contractor's billing system, and track said members thereafter for membership purposes.

3. Contractor will deposit membership monies into the City's bank account.

4. Contractor will send monthly reports regarding membership and correlating revenues.

5. Contractor will mail membership annual renewal notices to existing paid City members.

6. Contractor will track all Paramedic Subscription Program membership accounts and services provided such as transports and treatments provided without transport to a medical facility.

7. Contractor will report these Paramedic Subscription Program membership accounts, applicable balance adjustments, and associated services rendered, to the City.

This task will be initiated upon the approval of the Director of Finance.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

D. PRICE PROPOSAL
Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The table(s) below is intended to be a sample. Proposers may add necessary line items provided they are in compliance with instructions in this RFP for "Cost Proposals." The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for materials and supplies.

EMS BILLING SERVICES
Vendors are required to provide a percentage breakdown of their fees based on the total estimated dollar amount to be collected. Vendors must enter their percentage into the column named "Proposed Fees." Total cost will be the estimated revenue to be collected x the percentage of the "Proposed Fees."
Line Item Description Proposed Fees Unit of Measure Unit Cost 1 EMS BILLING SERVICES DETAILED

SCOPE OF WORK
Percentage

SUBSCRIPTION PROGRAM
Vendors are required to provide a percentage breakdown of their fees based on the total estimated dollar amount to be collected. Vendors must enter their percentage into the column named "Proposed Fees."
Line Item Description Proposed Fees Unit of Measure Unit Cost 2 SUBSCRIPTION PROGRAM Percentage

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

E. EVALUATION CRITERIA
Evaluation of the proposals will be based on a competitive selection process, in which the evaluation of proposals will not be limited to price alone. The capability of the proposer to satisfy the City requirements identified in the Scope of Services, and the experience of the proposer in providing services of this type, size and scope will also be considered in the selection. A minimum of five (5) years of experience providing similar services is required.

This RFP has been structured to provide specific requirements which function as a standardized framework for the evaluation of a prospective consultant’s qualifications.

The City, in consultation with the selection panel, reserves the right to reject any and all proposals. The selection panel will grade and score responsive proposals with the following criteria and weights: The competitive selection evaluation criteria are as follows:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Project Understanding
Points will be assigned based on how well the
proposer demonstrates an understanding of the
project. The proposal should explain how they
will accomplish each task identified in this RFP.

Also, the proposer should be able to identify
how the overall project objectives are related to
the current situation and discuss possible
pitfalls with the project. The proposer must
demonstrate familiarity and understanding of
EMS billing and collections and the City’s
requirements.

Points Based 15
(15% of Total)

2. Experience
Points will be assigned for “Experience with
Projects of this Size and Scope in an Agency of
Similar Size” based on a vendor’s previous
experience with municipal agencies, as
delineated in the SCOPE OF WORK, and CLIENT
REFERENCES. Greater points will be awarded to
proposers who can provide references and
clients from at least five (5) other Fire
Departments of similar sizes, or clients from
local and surrounding jurisdictions.

Points Based 15
(15% of Total)

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

3. Cost Proposal
Points will be assigned based on a “Ratio
Method.” The proposer’s cost must include the
delivery of the proposed solutions, as well as
any recurring costs (if any) as delineated in the
Scope of Work and the PRICE PROPOSAL.

With this method, the proposal with the lowest
cost receives the maximum points allowed. All
other proposals receive a percentage of the
points available based on their cost relationship
to the lowest price. This is determined by
applying the following formula:

Lowest Price / Evaluated Price X maximum points
available = Awarded Points
Example: The cost for the lowest proposal is
$100,000. The next lowest proposal has a cost
of $125,000. The total points available for cost =
30 points.
( $100,000 / $125,000 ) X 30 = 24 points
Points Based 20
(20% of Total)

4. Local Pasadena Business
To be awarded a 5 point preference for this
category, the proposer must have an official
business address within the City of Pasadena at
the time that this RFP is posted on the City’s
Website.

Points Based 5
(5% of Total)

5. Small or Micro-Business Preference Entitlement
To be awarded a 5 point preference for this
category, the proposer must be certified by the
State of California as a small or micro-business.

Refer to the State of California Department of
General Services Division for further
information.
https://caleprocure.ca.gov/pages/sbdvbeindex.aspx
Points Based 5
(5% of Total)

6. Project Approach
Points will be assigned based on industry best
practices and sound project approach or
methodology. The project approach should
discuss issues and challenges for each task and
demonstrate alternative ways that would be
practical and cost effective. In addition to the
project approach proposal specific for this
project, proposer should include a listing of
similar completed projects to illustrate any
unique or innovative project solutions that their
firm has done in the past.

Points Based 25
(25% of Total)

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

7. Staffing of Project / Ability to Perform
Points will be assigned based on the availability
and capability of the project team. The
qualification of staff or project team members,
provided in the Statement of Qualifications
section of your proposal will be evaluated. It is
important to note how a particular staff's
expertise is related to the skills or tasks that
would be required to provide the best solution
and project deliverables.

Points Based 15
(15% of Total)

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

F. REVIEW AND AWARD RECOMMENDATION PROCESS

1. Review and Award
A screening committee will determine which proposals are responsive to City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal. The City reserves the right to invite all of the PROPOSERS for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meetings. Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

Once an agreement is reached with a Proposer, staff will recommend award of a contract. The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City.

Any contract resulting from this RFP, if $25,000 or more, shall not be effective until approved by the City Manager. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the City Council.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

G. GENERAL REQUIREMENTS

1. Pasadena Living Wage Ordinance
This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department
Purchasing Division
626-744-6755 - phone
626-744-6757 – fax
Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

2. Local Preference
The City of Pasadena is committed to promoting the economic health and well-being of its residents. To this end, Contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this Contract and which are performed within the City.  The Contractor will be required to make good-faith effort to hire Pasadena residents for all new hires, including subcontractor new hires.
 A good-faith effort will include requests to unions or community organizations designated by City to provide a list of qualified Pasadena residents. If qualified candidates available, Contractor will conduct interviews with assistance of City and union/community organizations.
 Residents are individuals who are, and have been one year prior to the effective date of the contract, residents of the City of Pasadena.
 Submission to the City of documentation of requests and interviews will constitute proof of a good-faith effort.
 Interviews of Pasadena residents, if conducted, shall be completed and documentation submitted to the City prior to commencement of Contract work.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

3. Certificate of Insurance
Proof of insurance is not required to be submitted with your proposal, but will be required prior to the City's award of the contract. A copy of the City standard has been attached herein.

4. Standard terms and conditions
Prior to the award of any work hereunder, City and contractor shall enter into a written contract in substantially the form attached hereto with such revisions thereto as the City may determine necessary and appropriate. PROPOSERS responding to this RFP are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

5. Equal opportunity contracting
Policy - The City of Pasadena is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful Proposer may be required to submit documentation during the term of the contract to evidence on-going compliance with the City’s Contracting Ordinance. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Questions regarding the City of Pasadena’s Contracting Ordinance and policy should be directed to the Department of Finance, Purchasing & Payables Division 626.744.6755.

6. Firm commitment of availability of service
Once a proposal is opened, a PROPOSER is expected to maintain an availability of service as set forth in its proposal for at least four months after date for opening proposals.

7. Reservations
The City reserves the right to reject any or all bids and any item or items therein, and to waive any non conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

8. Documents to be construed together
The Request for Proposals, the Proposal, the Non Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

and the City, and all modifications of said documents, shall be construed together as one document.

9. Errors and omissions
PROPOSER and/or the Contractor shall not be allowed to take advantage of any errors in or omissions from in the Request for Proposals. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

10. RFP not contractual
Nothing contained in this Request for Proposals shall create any contractual relationship between the PROPOSER and the City. The City accepts no financial responsibility for costs incurred by any PROPOSER regarding this RFP.

11. Patent fees; patent, copyright, trade secret and trademark fees Each PROPOSER shall include in the price bid any patent fees, royal¬ties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

12. Taxes
Price bid shall include all federal, state, local and other taxes.

13. Taxpayer protection amendment
Under the provisions of the City of Pasadena Taxpayer Protection Amendment ("Taxpayer Protection Act"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the Taxpayer Protection Act are set forth in Pasadena City Charter, Article XVII. Under the Taxpayer Protection Act, City public officials who approve this Contract are prohibited from receiving gifts, campaign contributions or employment from Contractor for a specified time. This prohibition extends to individuals and entities that are specified and identified in the Taxpayer Protection Act and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the Taxpayer Protection Act; (B) Contractor/Organization will complete and return the forms provided by the City in order to identify all of the recipients of a public benefit specified in the Taxpayer Protection Act; and (C) Contractor/Organization will not make any prohibited gift, campaign contribution or offer of employment to any public official who approved this Contract.

14. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE Observe attached details regarding Public Contract Code Section 9204. AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

15. Request for Proposal (RFP) quantities:

The quantities contained in the RFP documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional services as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

16. CHANGE ORDER MANAGEMENT

CHANGE ORDER MANAGEMENT
Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City Project Manager in writing before work is started.

17. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)
The highest scoring proposer may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the bidder being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

18. Pasadena Business License
The winning vendor may be required to obtain a Pasadena Business License Prior to contract award. Information can be found online here:
https://www.cityofpasadena.net/finance/licenses/business-licenses/#general-information

19. CONFLICT OF INTEREST STATEMENT
The proposing Consultant shall disclose any financial, business or other relationship with the City of Pasadena that may have an impact upon the outcome of the contract or any construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project related to this solicitation.

Proposers must complete and submit the following Form: Conflict of Interest Statement

20. Invoice Submission Portal
Invoice Submission Portal

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.

How to submit invoices to the City of Pasadena?
Create an account: Visit the City’s Invoice Submission website:
https://invoice.cityofpasadena.net/ and select “Create Account” Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.

21. Contract Duration
The initial term of the Contract resulting from this proposal is for five years from the date the City executes the contract. The compensation set forth in the Proposal shall remain valid and in effect during the initial term of the contract. No optional extension periods will be included with this contract.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

H. INSURANCE REQUIREMENTS

1. Insurance Requirements (PROFESSIONAL SERVICES)
https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/ProfessionalServices.pdf?v=1623280176766

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

I. PUBLIC CONTRACT CLAIMS PROCEDURE
PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.

A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:

1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”

2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or

3. “Payment of an amount that is disputed by the public entity.” Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."
For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.

Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.

Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

The full text of this new legislation is set forth below:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

SECTION 1.

Section 9204 is added to the Public Contract Code, to read:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:

The Department of Water Resources as to any project under the jurisdiction of that department.

The Department of Transportation as to any project under the jurisdiction of that department.

The Department of Parks and Recreation as to any project under the jurisdiction of that department.

The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

The Military Department as to any project under the jurisdiction of that department.

The Department of General Services as to all other projects.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.

Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.

The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

J. CONTENTS OF PROPOSAL
The response to this RFP must be made according to the requirements set forth in this Article, both for content and for sequence. Noncompliance with these requirements or the inclusion of conditions, limitations, or misrepresentations, may be cause for rejection of the proposal.

1. Mandatory Contents
 Cover letter
 Table of Contents
 Required Certifications AND Forms (see Attachments)
 Work Plan
 Price Proposal, Fee Table
 Statement of Qualifications and Experience
 Additional Data
 Sample Reports

2. Cover Letter
“Cover Letter” shall be a maximum one-page letter including the name and address of the organization submitting the proposal; whether the proposing firm is an individual, partnership, corporation or joint venture; and the name, mailing/e-mail addresses, and telephone/fax numbers the contact person who will be authorized to make representations for the organization.

3. Table of Contents
The Table of Contents shall include an outline of the proposal, identified by sequential page number, and section title as described herein.

4. Required Certifications
If your proposal does not include all of the below items, it may be deemed non-responsive.

A. Each PROPOSER must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless PROPOSER has an approved form on file with the City. Form AA-2 is required to be submitted for projects involving labor or services in excess of $25,000. Form AA-3 is Optional. (Copies attached) B. A completed and signed "Declaration of Non-Collusion." (Copy attached) C. Evidence of certification by State of California as a small or micro-business, if claiming such preference – https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

D. Disclosure pursuant to the City of Pasadena Taxpayer Protection Amendment of 2000, Pasadena City Charter, Charter, Article XVII

5. Technical Proposal, and Price Proposal
“TECHNICAL PROPOSAL, AND PRICE PROPOSAL” should demonstrate the PROPOSER’S full understanding of the SCOPE OF WORK and the effort needed to complete the Project on time and within the budget through the submittal of a proposed work plan including project deliverables (identify specifically and thoroughly for each portion of and phase).

The TECHNICAL PROPOSAL shall include a proposed work schedule to indicate duration and completion dates, including the dates of Deliverables/Milestones and estimates of the amount of time to be spent with City Staff during each phase of the project.

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

A. all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);
B. performance of each and every portion of the work
C. all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;
D. all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;
E. all taxes, duties, permits, and other fees or royalties incident to the performance of the SCOPE OF WORK;
F. payment of all salaries, wages, benefits, and expenses of the Proposer’s employees; G. compensation for all risks, liabilities, and contingencies assigned to the Proposer; and H. all other costs needed or incurred to complete the Project.

6. Additional Data
“Additional Data” shall include any other data the PROPOSER deems essential to the evaluation of the proposal, i.e., letter of reference, other related projects, etc.

7. PROPOSER'S CHECKLIST
TO THE PROPOSER:

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your proposal unacceptable. Please check appropriate items and submit with your proposal.
 PROPOSAL (Signed by Proposer)
 DECLARATION OF NON-COLLUSION (Signed by Proposer)
 VENDOR QUESTIONNAIRE (forms AA1; and AA2 signed by Proposer)  TAX PAYER PROTECTION AC
Subsequent to the closing of this solicitation, the selected vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.
 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)  Pasadena Business License
 ALL INSURANCE REQUIREMENTS

8. ADDITIONAL REQUIREMENT
For RFP/RFQ where the selected vendor/contract will require City Council approval (check with City project manager for clarification), the following requirement applies:
 TAX PAYER PROTECTION ACT – PROPOSER SUBMITS A COPY OF THE COMPLETED TPA FORM TO THE CITY CLERK’S OFFICE
E-MAIL: [email protected]
FAX: (626) 744-3921

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

K. CONFLICT OF INTEREST

DISCLOSURE AND CERTIFICATION REGARDING CONFLICT OF INTEREST The City of Pasadena strives to provide full and open competition that is free of real or perceived unfair competitive advantage or conflict of interest. This document is intended to provide guidance on when a conflict of interest may exist, and how Proposers may propose to mitigate conflicts to contract with the City. In this document, “Proposer” means the person(s) or entity submitting a bid or proposal to any solicitation, any subcontractors, and all related entities including parent companies, subsidiaries, and companies owned, controlled, or owned and controlled by the same or closely related people.

When does a conflict of interest exist?
An organizational conflict of interest occurs when any of the following circumstances arise:
a. Lack of Impartiality or Impaired Objectivity. When the Proposer is unable, or potentially unable, to provide impartial or objective assistance or advice due to other activities, relationships, contracts, or circumstances.
b. Unequal Access to Information. The Proposer has an unfair competitive advantage through obtaining access to nonpublic information during the performance of an earlier contract. c. Biased Ground Rules. During the conduct of an earlier procurement, the Proposer has established the ground rules for a future procurement by developing specifications, evaluation factors, or similar documents.

Conflicts of interest may exist at an organizational level, and at a personal level. Conflicts of interest may be “actual,” meaning they currently exist, or they may be “perceived,” meaning a reasonable person with all the material facts believes there appears to be a conflict, whether or not the organizations or individuals involved are in relationships that actually create or experience bias or unfair advantage. Actual, potential, and perceived conflicts of interest are collectively referred to as “conflicts of interest” in this document.

Please note that the information provided serves as a guide only, and a conflict may arise in other situations not described in this document.

For federally funded procurements, please see: 49 C.F.R. 19.43; 2 C.F.R. 200.319(b)(5).

Disclosure of Conflict of Interest
A Proposer shall either: (1) disclose all conflicts of interest and propose a plan to mitigate the conflicts to successfully perform work for the City; or (2) certify that the Proposer is unaware of any facts or circumstances which would give rise to a conflict of interest in performing work under this solicitation. A disclosure will not automatically disqualify the Proposer from being awarded a contract.

Failure to disclose
If, in the City’s sole discretion, a conflict is discovered after award or execution of a contract, the City may cancel the contract. In the event the Proposer was aware of a conflict of interest prior to the award of the contract and did not disclose the conflict to the City, the City, in its sole discretion, may terminate the contract for default whether the conflict can be mitigated or not.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Instructions for Preparation of Disclosure and Certification Regarding Conflict of Interest form The Proposer must determine if a conflict of interest exists. Proposers and their subcontractors or subconsultants must complete and submit a Disclosure and Certification Regarding Conflict of Interest form as part of the bid or proposal (see following page), including forms for all proposed first-tier subcontractors. If the Proposer determines that a conflict of interest exists, it must provide a Mitigation Plan to the City for approval. Proposers may disclose a potential conflict of interest at any time by submitting the Disclosure of Conflict of Interest form to the RFP Administrator named in the solicitation package. The City, in its sole discretion, will make the final determination as to whether a conflict of interest exists and whether the Proposer’s Mitigation Plan is sufficient.

Disclosure and Certification Regarding Conflict of Interest

1. Certification. The Proposer hereby acknowledges that it has read the Conflict of Interest Guidelines included in the solicitation and has, to the best of its knowledge and belief:
(Choose One)
____Determined that there are no relevant facts or circumstances which could give rise to conflicts of interest. (Proposer may provide an explanation or any supporting documentation).

OR
____Determined that one or more conflicts of interest exists. (Proposer must provide a Mitigation Plan).

2. Flow-Down. The Proposer must include a signed copy of this certification form for each of its subcontractors and subconsultants with the terms “contract,” “Proposer,” and “City” modified appropriately to preserve the City’s rights. The Proposer must submit all subcontractor/subconsultant forms to the City with its proposal.

3. Continuing Obligations. The Proposer has a continuing obligation to the City to disclose conflicts of interest to the City during the solicitation phase or, if awarded a contract, throughout the duration of the contract. During the solicitation, the Disclosure and Certification Regarding Conflict of Interest Form(s) and any related mitigation plan(s) must be submitted to the RFP Administrator. After the City issues a Notice to Proceed, all documents must be submitted to the Contract Manager.

By signing below, the Proposer certifies that the information contained in this form is accurate to the best of its knowledge, and that the Proposer agrees to comply with the requirements herein.

The Proposer has a continuing obligation to the City to disclose conflicts of interest to the City during the solicitation phase or, if awarded a contract, throughout the duration of the contract.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

L. PLANET BIDS INSTRUCTIONS
Follow these simple steps to submit your proposal electronically:

If you are already registered and need help logging in or retrieving your user information call 818-992-1771 x0.

STEP ONE – Copy the highlighted link into your Internet browser bar to access the City of Pasadena VENDOR PORTAL (Planet Bids):
https://www.planetbids.com/portal/portal.cfm?CompanyID=14770 Electronic Submission of Bids
All Bidders are required to submit their bid pricing electronically via the eBid system Bid Schedule tab. The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, an electronic copy of the Bid Proposal Package must be uploaded to the eBid system.

Bidders are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: Pushing the submit button on the electronic system may not be instantaneous; it may take time for the Bidder’s submittal and documents (if applicable) to upload and transmit before the bid is accepted. It is the Bidder’s sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

Upon closing of the Bid, Bid Results will be available on the eBid system under the Bid Results tab.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Bid Proposal Package shall be ONE (1) PDF file, uploaded to the eBid system. Failure to submit a single PDF file may result in a non-responsive Bid.

Steps to Submit Your Electronic Proposal:

To submit an offer to the City, vendor must complete the following

1. Acknowledge all Addenda

2. Select Place eBid

3. Accept City of Pasadena Terms and Conditions Message

4. Accept PlanetBids Message

5. Complete all tabs within the ebid form. Bidder may save their work and return.

6. Select Submit when offer is complete.

7. Confirm submission to the City

8. Receive confirmation. Bidder will receive an onscreen and email confirmation if successfully submitted. Bidder may return to edit their bid if there is still time.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Note: If an addenda is issused after a bidder has submitted a proposal to the city, bidder must return to take steps below. Failure to do both steps will result in an invalidated offer. 1- Acknowledge the new addenda; and
2- Select Place ebid, return to their offer and select submit again.

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

M.Vendor Questionnaire (Form AA-1)
Purchasing Division
100 N. Garfield Ave., Room 328
Pasadena, CA 91101
(626) 744-6755
Affidavit of Equal Opportunity Employment & Non-segregation By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Additionally, no employees, consultants, or board members of your company or your subcontractors are current employees of the City of Pasadena.

Name of Company Telephone
Address Fax Number
(optional)
City State Zip
Contact Person E-mail Address
DBA (if applicable)
Active City of Pasadena Business License Number
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company would provide on this contract:

Required For All Public Works: Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code, you must provide your Registration Number under the Department of Industrial Relations:

Small and Micro Business Preference Program: If certified by California Department of General Services as a small or micro business, please provide DGS Reference Number: (Visit the Purchasing Division website for additional information)
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply):

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

(626) 744-6757 Fax
AfricanAmerican Asian Armenian HispanicNative
American Disabled Female
Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

N. Project Workforce Utilization (Form AA-2)
This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.

Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.

Name of Company: ___________________________________________ Project:___________________________________________ Job Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract
Estimated number of new hires to be employed in this
classification if awarded the contract
Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Are any current employees or potential new hires Pasadena residents? If so, how many?
Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

O. Current Permanent Workforce Utilization (Form AA-3)
(OPTIONAL)
Name of Company: ___________________________________________ Project: ____________________________________________________ Completion of this form is OPTIONAL. Any information supplied by Proposers is for reporting purposes only and will not be factored into the award of any contract.

Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.

White (not of
Hispanic origin)
African-American
(not of Hispanic
origin)
Hispanic Asian/Pacific
Islander
Native American Armenian Male Female

CLASSIFICATION
Officials/Managers
Professionals

Technicians

Office/Clerical

Skilled Craft Workers
Operators (semiskilled)
Laborers
Service Workers

TOTAL
Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

P. Non-Collusion Declaration

NON-COLLUSION DECLARATION TO BE EXECUTED BY PROPOSER AND

SUBMITTED WITH BID/PROPOSAL
The undersigned declares:

I am
________________________________________________________________________________________, ____________________________________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of___________________________________________________________________________________________ (Insert name of Proposer)
The party making the forgoing bid/proposal submitted herewith to the City of Pasadena declares:

That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation;
That such bid/proposal is genuine and not collusive or sham; That said Proposer has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Pasadena, or of any other Proposer or anyone else interested in the proposed contract; and further
That prior to the public opening and reading of bids/proposals, said Proposer:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said Proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his or her bid/proposal;
c. Did not, in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to raise or fix the bid/proposal price of said Proposer or of anyone else, or to raise or fix any overhead, profit, or cost element of the bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his or her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, or to any individual or group of individuals thereof to effectuate a collusive or sham bid, except the City of Pasadena, and has not paid, and will not pay, any person or entity for such purpose or to any person or persons who have a partnership or other financial interest with said Proposer in his or her business.

Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer.

I certify under penalty of perjury of the laws of the State of California that the above information is correct.

By: ______________________________________ Title: ________________________________ Date: ____________________________________

Request for Proposals - Emergency Medical Services (EMS) Billing and Collections Release Date: Wednesday, May 11, 2022

Disclosure Pursuant to the
City of Pasadena Taxpayer Protection Amendment
Pasadena City Charter, Article XVII
Contractor/Organization hereby discloses its trustees, directors, partners, officers, and those with more than 10% equity, participation, or revenue interest in Contractor/Organization, as follows:
(If printing, please print legibly. Use additional sheets as necessary.)

1. Contractor/Organization Name:

2. Type of Entity:
□ non-government □ nonprofit 501(c)(3), (4), or (6)

3. Name(s) of trustees, directors, partners, officers of Contractor/Organization:

4. Names of those with more than 10% equity, participation or revenue interest in Contractor/Organization:

Prepared by: ________________________________
Title: ______________________________________
Phone:

Date: ______________________________________
ATTACHMENT NO. 2

ATTACHMENT NO. 3
1 Wittman Enterprises, LLC
Form Revised October 2024

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF WEST COVINA
AND

WITTMAN ENTERPRISES, LLC
FOR

AMBULANCE BILLING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of August 1, 2025 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and WITTMAN ENTERPRISES, LLC, a California limited liability company (“Contractor”).

RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to provide ambulance billing services, as more fully described herein; and B. Contractor represents that it has that degree of specialized expertise necessary and holds all necessary licenses to practice and perform the services herein contemplated; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of Contractor to comply with this section.

1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City 2 Wittman Enterprises, LLC
Form Revised October 2024
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.

1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.
3 Wittman Enterprises, LLC
Form Revised October 2024

2.0. COMPENSATION AND BILLING

2.1. Compensation. City will pay Contractor in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and incorporated herein (the “Fee Schedule”).

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth herein unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon Contractor’s standard hourly rates shall be paid to Contractor for such additional services.

2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and Contractor. Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on July 30, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior 4 Wittman Enterprises, LLC
Form Revised October 2024
written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should:
(a) Be adjudged bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of Contractor, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
5 Wittman Enterprises, LLC
Form Revised October 2024
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection 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 ($1,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Contractor shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section.
(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained 6 Wittman Enterprises, LLC
Form Revised October 2024
by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 7 Wittman Enterprises, LLC
Form Revised October 2024

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor shall make available the professional services of Judy Vang, Client Liasion, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) one (1) business day after the Email is sent if such communication is sent by Email, provided that no delivery failure notification has been received; and (c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Wittman Enterprises, LLC
11093 Sun Center Drive
Rancho Cordova, CA 95670
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (916) 669-4608 Tel: (626) 939-8824
Email: [email protected]
Attn: Corinne Wittman-Wong

Email: [email protected]
Attn: Mike Browne

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
8 Wittman Enterprises, LLC
Form Revised October 2024

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel agreed upon by City and Contractor, indemnify, and hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of or in connection with Contractor’s, or Contractor’s employees’, agents’, or subcontractors’ performance of this Agreement. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9 Wittman Enterprises, LLC
Form Revised October 2024
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement shall be and remain the sole property of City. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.

Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to California Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.15. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.
10 Wittman Enterprises, LLC
Form Revised October 2024

6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other Contractors for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 11 Wittman Enterprises, LLC
Form Revised October 2024

6.25. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.27. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
12 Wittman Enterprises, LLC
Form Revised October 2024
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Corinne Wittman-Wong
Chief Executive Officer
ATTEST:
__________________________________
Lisa Sherrick, CMC
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Maria-Luisa Olea
Risk Management

EXHIBIT A

SCOPE OF SERVICES
I. Private Billing
Wittman Enterprises, LLC (“Wittman”) to prepare all invoices and follow-up mailings. Initial invoicing with both English and Spanish instructions will be on 8 X 11 billings and will be placed in envelopes, sealed and mailed postage prepaid. Initial invoicing occurs within three (3) days of receipt of transport tickets. Toll-Free number provided to patients. An initial telephone call will also be made at this time to elicit any insurance information from the patient or patient’s family. If we receive no answer on this call, Wittman will send an inquiry letter in addition to the initial invoice.

The standard bill schedule is as follows:

Private Bill Schedule

1. Invoice Immediately

2. Statement 30 days

3. Past Due 20 days

4. Final Demand 10 days
II. Medicare, Medi-Cal, Medi-Medi
Wittman will prepare all invoices and electronically convey to Medicare and Medi-Cal fiscal intermediaries.

All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source.

III. Workers’ Compensation and Private Insurance
Wittman will bill private insurance, supplemental insurance, secondary insurance and Workers’ Compensation, billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow-up necessary to secure insurance payments will be performed by Wittman.

IV. Delinquent Claim Handling
Patients with claims aging over 45 days will be contacted by telephone for payment arrangements.

Telephone follow-up will continue until payment in full is received or account is dismissed by the City to any outside collection agency. Wittman will utilize installment billing as allowed by the City in cases of financial hardship.

V. Receipts Processing
Wittman will receive direct payment, posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be faxed or emailed to the City. Wittman shall have no access to the proceeds of the receipts. All funds are under the exclusive control of the City of West Covina.

VI. Reports
Monthly, Wittman will perform accurate month-end close procedures that will result in the following reports:

Monthly Ticket Survey
Monthly Sales Journal
Monthly Cash Receipts Journal
Monthly Receivables Aging
Management A/R Analysis
Statistical Reports customized to City’s needs
VII. Provider Responsibilities
• Submit necessary transport information, including pay source information and patient condition, to Wittman for billing purposes.
• Forward to Wittman all necessary information relating to patient transports services, payments and patient eligibility.
• Notify Wittman of any accounts that require special attention. • Obtain signature of patient or guardian.
• Provide patient’s Social Security Number
VIII. Source Documents
Wittman will retain all source documents including attachments for six (6) years. When agreement is terminated, all source documents are returned to City at the City’s expense.

IX. ePCR
Wittman will provide Electronic Patient Care Report services with the Digital EMS system. On behalf of City, Wittman will purchase the Electronic Patient Care Program from Digital EMS annually for the term of the agreement.

X. Customer Survey
Wittman will provide a Customer Satisfaction Survey Program.

XI. Ambulance Subscription Program
Wittman will provide Ambulance Subscription Program Management services. The scope of work for said services is as follows:

1. Wittman shall provide an online web portal that will accept new applications and renewals. The web portal should accept online payment via credit card.

2. Wittman shall provide a toll-free number to answer questions about the program.

Wittman will accept new applications and renewals along with payment via credit card.

Wittman will provide the mailing address for checks.

3. Wittman shall provide a mailing address when payments (new registrations and renewals) will be accepted and processed by Wittman.

4. Wittman shall process credit cards using City's gateway network and merchant number. Wittman shall deposit checks into City’s bank account.

5. Wittman shall mail renewal forms to existing members and cover the cost of postage and processing.

6. Wittman shall provide access to an online portal to provide monthly reporting.

EXHIBIT B

FEE SCHEDULE
I. Fees
A. Percentage of Net Collections 3.75% of net collected revenue B. Monthly Reports Included
Net collections are the dollars eligible for collection after adjusting for Medicare and Medi-Cal write downs. “Collected Revenue” is the net dollars collected minus any refunds or payor adjustments. Billing services are offered for a percentage of collected revenue as agreed upon by the two parties as indicated above.

II. Fees for ePCR Service
On behalf of City, Wittman will purchase the Electronic Patient Care Reporting (ePCR) program from Digital EMS annually for the term of the agreement for the sum invoiced by Digital EMS, currently at the rate of $4.25 plus $.10 for faxing. Digital EMS estimates the number of uploads each year. Should the number of incident uploads be less than the estimated number, Wittman will obtain a refund of the unused incident uploads from Digital EMS and tender the same to City.

Wittman will pass through pre-paid Digital EMS ePCR costs to the City for payment as part of regular monthly invoices.

III. Fees for Customer Survey
City will pay one dollar and twenty-five cents ($1.25) per survey prepared by Wittman under the Customer Satisfaction Survey Program.

IV. Fees for Ambulance Subscription Program Services
Wittman will be compensated for the Ambulance Subscription Program Management services as follows: $13.50 per enrollment.

AGENDA ITEM NO. 7

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: July 1, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN FIRE

RECOVERY USA AND THE CITY OF WEST COVINA FOR INSPECTION AND PERMIT

BILLING SERVICES
RECOMMENDATION:

It is recommended that the City Council authorize the Acting City Manager to execute a Professional Services Agreement with Fire Recovery USA, LLC for inspection and permit billing services for a five-year term, in such final form as approved by the City Attorney.

BACKGROUND:

Pursuant to California Health & Safety Code Section 13145 and 13146, the Fire Department conducts annual state-mandated inspections of state-regulated buildings and structures, such as daycare facilities, schools, institutional facilities, multifamily residential dwellings, and high-rise buildings.

Also, in accordance with the California Fire Code sections 105.1.1 through 105.7.18, the Fire Department conducts annual operational inspections that allow the applicant to conduct an operation or a business for which a permit is required. The fees for these inspections are set forth in the City's Master Fee Schedule.

DISCUSSION:

Fire Recovery USA provides third-party billing services for Fire Department inspections and other Fire Department services. The Fire Department spends a significant amount of time billing for and receiving payment for state-mandated fire inspections and annual operational inspections. It is more efficient and cost-effective to have a third party bill for these fire inspections. By using a third-party billing service for these administrative responsibilities, fire inspectors can focus their efforts on conducting inspections to ensure compliance with the Fire Code.

Fire Recovery USA is the nation's largest cost-recovery company created to serve fire departments across the U.S. Since 2006, they have provided cost recovery services to departments in 33 states and are the leading provider of incident cost recovery in the nation. Their proprietary system and software allows Fire Recovery USA to efficiently and effortlessly bill for fire inspections in accordance with the City's Master Fee Schedule. Because of efficiencies delivered by their software and support services, Fire Recovery USA offers cost recovery that is extremely efficient and cost-effective.

Section 2-335(7) of Division 2 of Article VII of the West Covina Municipal Code provides an exemption from competitive bidding requirements for purchases made using another governmental or public from competitive bidding requirements for purchases made using another governmental or public agency's contract or substantially the same terms, provided: (a) the other agency used a solicitation method substantially similar to the method required by the City; and (b) the Purchasing Officer determines the City will realize overall value by utilizing the other agency's contract or contract terms compared to the City performing its own procurement. The Purchasing Division has verified that the City of San BuenaVentura's RFP (Attachment No. 1) meets the City of West Covina's bidding requirements as outlined in the City's Municipal Code and has confirmed that City will realize a greater overall value in cost savings and efficiency by using substantially the same terms as the City of San BuenaVentura's agreement with Fire Recovery USA (Attachment No. 3).

Fire Recovery USA will process, invoice, and collect the inspection billing revenue on behalf of the City.

Fire Recovery USA charges the City $18.50 per paid collection. It collects its fees from the amounts collected on behalf of the City prior to issuing such amounts to the City. Because Fire Recovery USA is conducting cost-recovery services for the City and deducting its fees directly from the amounts collected on behalf of the City, there is no maximum compensation amount specified in the agreement. However, staff estimate that Fire Recovery USA's compensation will not exceed $30,000 annually.

LEGAL REVIEW:

The City Attorney's Office has reviewed the draft agreement and approved it as to form and will review and approve the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Mike Browne, Acting Fire Chief
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

For each inspection conducted for state-mandated properties (ex. daycare facility commercial/residential, convalescent hospital, medical facility, hospitals, high-rise buildings, hotels/motels/apartments, schools, public/private) and operational annual inspections (ex. aerosol products, battery system, combustible fiber storage handling, combustible material storage, etc.), Fire Recovery will charge a $18.50 fee per each paid inspection. Each time Fire Recovery generates an invoice, the $18.50 fee is applied. If Fire Recovery is unable to collect on an invoice, the $18.50 fee does not apply, and the City will not need to reimburse Fire Recovery.

Fiscal Year Revenue to City
Fiscal Year 2019-2020 $148,116
Fiscal Year 2020-2021 $158,515
Fiscal Year 2021-2022 $140,591
Fiscal Year 2022-2023 $169,434
Fiscal Year 2023-2024 $146,584
Fire inspectors work hard to obtain accurate responsible party information when the inspection is conducted so that the billing process will be simplified for Fire Recovery. When Fire Recovery has an outstanding non-paid bill in excess of 90 days, they will ask the City to recover the inspection fee using the City's collection agency. If successful, the City would pay Fire Recovery the $18.50 fee.

Attachments
Attachment No. 1-RFP No. 20 Fire department 3rd Party Inspection Billing Attachment No. 2-Total Proposal - Ventura
Attachment No. 3 - Agreement between Ventura and Fire Recovery USA Attachment No. 4 - Ventura - First Amendment
Attachment No. 5 - Professional Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
Enhance City Image and Effectiveness

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FIRE DEPARTMENT 3

RD PARTY INSPECTION BILLING

REQUEST FOR PROPOSALS
PROPOSAL NO. P-130000622
March 1, 2021
The City of Ventura invites your proposal for Fire Department Inspection Billing Services, per the attached Instructions/General Background, Scope of Work, Proposal Submittals, Proposal Format, Evaluation Factors, Evaluation Criteria, Award of Contract, General Provisions for Standard Form Contracts, and Attachment “A” - Standard Form General Services Agreement.

All questions shall be submitted via email to Jennifer Yates, Purchasing Supervisor, at [email protected], no later than Wednesday, March 10, 2021, at 2:00 PM.

Closing Time and Date
Your proposal and six (6) identical copies and a digital copy must be submitted in a sealed envelope marked “RFP No P-130000622.” prior to:

Wednesday, March 31, 2021, at 4:00pm
Until further notice Purchasing and Contracts will only accept electronic bid submittals. Please follow the instructions on how to utilize the Form Center to submit your bids/proposals.

1. Go to https://www.cityofventura.ca.gov/FormCenter/Purchasing-13/Bid-Opportunity-93

2. Enter all the fields listed. “Bid Number” is the only required field, but we are asking bidders to fill in all the fields.

3. Select “Browse…”. to upload your bid/proposal. NOTE: Each File size cannot exceed 20 MB.

4. Check “Receive an email copy of this form” and enter your email address

5. Select Submit

6. For additional information, please contact Jennifer Yates at (805) 658-4710.

Proposals received after the scheduled submittal deadline will be returned unopened.

Proposals will not be opened publicly, and the City will endeavor to keep such confidential until an award of contract.

Any communication with City staff, except for the Purchasing and Contracts Division, regarding this RFP, is prohibited. Disregard of this provision shall the result in rejection of the proposal.

Copies of the bid package and subsequent addenda may be obtained at www.cityofventura.ca.gov/bids
ATTACHMENT NO. 1

Table of Contents
FIRE DEPARTMENT 3RD PARTY INSPECTION BILLING ........................................................ 1 REQUEST FOR PROPOSALS.................................................................................................. 1

1. RFP Overview..................................................................................................................... 3

1.1. Background ..................................................................................................................... 3

1.2. Statement of Purpose and Objectives.............................................................................. 4

1.3. Basic Information Requested........................................................................................... 4

1.4. RFP Schedule of Events.................................................................................................. 5

1.5 Term of Agreement………………………………………………………………………………..6

2. Content Requirements and Information.................................................................................. 6

2.1. Responsibilities of Vendor ............................................................................................... 6

2.2. Basic Qualifications of Vendor......................................................................................... 6

2.3. Vendor’s Employee Conduct ........................................................................................... 6

2.4. Staffing ............................................................................................................................ 7

3. Proposal Submission Requirements ...................................................................................... 7

3.1. General Instructions ........................................................................................................ 7

3.2. Proposal Format.............................................................................................................. 8

4. Proposal Evaluation ............................................................................................................... 9

5. CITY OF SAN BUENAVENTURA - GENERAL PROVISIONS FOR STANDARD FORM CONTRACTS............................................................................................................................11

6. AUTHORIZATION SHEET.................................................................................................18 Attachment “A” – General Services Agreement………………………………………………………19

1. RFP Overview

1.1. Background
City of Ventura Description
The City of Ventura (City), incorporated in 1866 as the City of San Buenaventura, has a population of 109,000 and employs approximately 660 full-time employees and up to 450 temporary employees. Located in the State of California thirty (30) miles south of Santa Barbara, and sixty (60) miles northwest of Los Angeles, Ventura is a coastal community known for its historic downtown, harbor, pier, golf courses, beaches, parks, and passion for art and culture. The City operates under its own charter with the Council-Manager form of government. Ventura is a fullservice city providing police and fire services, parks and recreation, public works, and community development in addition to water treatment and distribution, stormwater processing, and wastewater management.

City of Ventura Fire Department
The Ventura City Fire Department maintains a highly trained and skilled workforce in many disciplines due to the unpredictable nature of emergencies. Our Firefighters provide exemplary service out of six fire stations located strategically across the City. The Fire Suppression/Operations Division provides daily staffing of 22 Firefighters to protect the city, with one Battalion Chief overseeing the on-duty crews as well as a three-man 40-hour roving engine.

In 2018, Ventura City Fire responded to over 16,000 calls for service.

The Fire Prevention Division is responsible for developing and implementing programs and policies that prevent or reduce the magnitude of emergency occurrences such as loss of property and life, personal injury, or environmental damage. In addition, this division reviews permits and oversees the proper installation of fire sprinkler, fire alarm, and fire suppression systems. Fire inspectors conduct inspections to ensure that current codes and standards are followed.

Hazardous Materials Specialists provide inspections for regulatory programs involving storage tanks and dangerous materials.

A program administered by the Fire Prevention Division is the state mandated annual inspection program which involves performing annual inspections of over 2,600 buildings including public and private schools, apartments, hotels/motels, condominiums, other R1 or R2 occupancies and Jails. Additionally, the Fire Prevention Division performs fire clearance, operational permit inspections, approximately 6,500 annual Fire Hazard Reduction Inspections, and other fire/life inspections of occupancies and parcels. In addition, the FPD also performs complaint inspections for complaints related to fire/life safety hazards at properties while another division within the City, Code Enforcement (which is part of the Community Development Department), performs nuisance and other non-life safety related complaint inspections.

1.2. Statement of Purpose and Objectives
The primary objective of this request for proposal is to seek a vendor to provide a range of billing for fire inspections and other fire prevention services as per the City adopted fee schedule for five years (beginning May 2021) with the option to extend services on a year-toyear basis after May 2026. The fee schedule is adopted by the City Council annually for fee increases and every two years for more substantial fee schedule changes. The revenues from these services will be utilized for the Fire Department to appropriately staff the Fire Prevention Division to perform the required inspections.

The Ventura Fire Department currently utilizes the Digital Health Department (DHD, a Tyler product) to document performance of inspections from the field on a tablet. Billing for inspections would be based on the City approved fee schedule and data from the DHD inspection program (from a billing export report provided to the vendor by the City on a recurring basis) on recent inspections performed.

The vendor must indicate what information is needed from the City (i.e., billing contacts, billing amount, etc.) in order to administer billing for the above programs. Additionally, the vendor must identify the cost to bill which will be added onto the customer’s invoice; consideration should be given to the invoice amount. A 7% Technology fee will also be added to each invoice as per the City’s adopted fee schedule.

Vendor billing and collections for services rendered on behalf of the Fire Department and City must be handled efficiently and effectively by an organization with experience providing similar services. We are looking for specified criteria in addition to an organization that will be responsive to staff needs. We are also seeking an organization that will be attentive to customer needs and inquiries through a friendly and helpful customer service-oriented staff.

The Fire Department billing for Hazardous Materials inspections as participating agency (PA) in the California Environmental Reporting Agency (CUPA) Program is currently performed by the County CUPA and new construction fire protection system plan check, and inspections are billed by the City; services for billing types do not need to be included in the vendors proposal.

Thus, the City of Ventura and the Ventura Fire Department (Herein referred to as the CITY) is accepting proposals that meet the terms, conditions, guidelines, and special requirements listed in this request for proposals.

1.3. Basic Information Requested
To be considered to begin an association with the City of Ventura, please include all applicable scope of services offered as well as the following:

A. Billing Procedure – Utilization of billing contacts, updating billing contacts, creating and mailing/emailing invoices, invoice and payment tracking, late notice reminders/tracking/billing, account reconciliation, payment processing, City access to

billing software program for checking payment status, internal workings.

B. Cashing Procedure – Payment processing fee, internal schedule of procurement and deposit or mailing of check for revenues collected (on behalf of the City) to City Finance Department.

C. Customer Service – As a professional representative of the Ventura Fire Department and City, specify how the vendor will address answering questions from customers on billing (process, the reason for billing, etc.), retrieving phone calls, accessibility, designated email address, online payment and other payment options for customers, response time to customer inquiries/messages, etc. Vendors should consider that the City is seeking a vendor to provide the full scope of billing service from start to finish to reduce the workload on Fire Department and City staff (which is not staffed sufficiently to perform billing services without a 3rd party vendor performing the billing, accounts receivable, collections, answering customer questions on billing contacts used/amounts/fire services provided, and complaints before escalating to Fire or City staff) to administer a billing program.

D. Reporting: Recurring reporting to the City on amounts billed and collected (cost recovery percentages) based on billing types.

E. Billing Structure: Consider and specify billing costs for specific types of billing. For instance, vendor should specify whether billing amounts are graduated (based on invoice amount or inspection type such as a parcel inspection vs. an occupancy inspection). Note: The City may pursue billing for additional services in the future (as approved with fee schedule changes) such as for short duration inspections (i.e., a fifteen-minute inspection billable at an hourly rate) and the cost for invoicing for those inspections vs. longer duration inspections should be considered and specified.

F. Cost recovery methodology and track record on cost recovery percentages G. Information and City involvement for vendor to provide the above services.

H. Billing Implementation Process and proposed timeline

1.4. RFP Schedule of Events
Request for Proposal Issued March 1, 2021
Deadline for Submitting Questions March 10, 2021, by 2:00 PM Proposal Submission Deadline March 31, 2021
Interviews/Selection of selected firm Completed by April 30, 2021 Planned Award of Contract May 2021

1.5. Term of Agreement
The term of this Agreement shall be May 2021, or the date both parties execute this Agreement (the “Effective Date”) and ending June 30, 2024.

Option to Extend for Good Performance: The City, with the consent of the Contractor, shall have the option for two (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the General Services Agreement. Any price increases or decreases shall be negotiated at the time of contract extension.

2. Content Requirements and Information

2.1. Responsibilities of Vendor
Provide adequate staffing that has a high enough level of expertise to implement a billing program meeting the needs of the City and City customers.

Consultant technician(s) is expected to provide their own transportation between City sites during their support activities.

Identify level of information and resources to collect from City departments. Identify level of City staff time across all development services’ departments needed to participate in project scope of work.

2.2. Basic Qualifications of Vendor
The qualified firms shall have extensive experience performing the billing services required for agencies of similar size and range of services as the City of Ventura.

The qualified firms must be properly licensed, staffed, equipped, and financed to perform the work relevant to a project of this nature.

The qualified firms shall have proven methodologies for implementation of billing programs in coordination with agencies and shall provide a project manager to lead the vendors efforts in implementing the required billing services.

2.3. Vendor’s Employee Conduct
Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee is not to work on City premises or services for

the City without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, City facilities that are convicted of a felony during his/her employment.

2.4. Staffing
The City may, at its sole discretion, relinquish the services of any and all of the Vendor’s staff without further obligation to the Vendor. In the event that the City relinquishes the services of one or more staff of the Vendor, the City may elect but shall not be obligated to accept alternate personnel from the Vendor to fulfill outstanding requirements. The vendor shall have the right to withdraw the services of individual Vendor staff upon 14 days written notice to the City.

3. Proposal Submission Requirements

3.1. General Instructions
Proposals should provide a straightforward, concise description of the vendor’s qualifications, proposed solution, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content and any specific data/staff time needed from City departments to implement the specified services. Glossy sales and marketing brochures are not necessary or desired. Proposals should be organized, consistent with the outline provided in this section of the RFP. Vendors must follow all formats and address all portions of the RFP set forth herein, providing all information requested. Vendors may retype or duplicate any portion of this RFP for use in responding to the RFP.

3.1.1 Examination of the Content of the RFP: By submitting a proposal, the Vendor represents that it has thoroughly examined and become familiar with the contents of the RFP and that itcan perform quality work to achieve the City objectives. The submission of a signed proposal shall be considered an agreement to all the terms, conditions, and specifications provided in theRFP.
i. Sample Agreement: A Sample General Services Agreement is attached (Attachment “A”) for the purpose of informing the proposer of the fixed, predetermined, standard contract provisions with which they will be required to comply. These provisions are subject to revision by the City at any time prior to the signing of the agreement. ii. Exceptions: If the Vendor suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision or recurrent of the RFP, such alternative or exception shall be clearly stated and identified in the submitted proposal. Otherwise, the successful Vendor will be expected to sign the Agreement upon award of the contract. Any alternative proposed must satisfy all minimum qualifications specified in the RFP. The City expressly reserves the right, in its sole discretion, to (1) reject a proposal containing any exception or alternatives as non-conforming, or (2) accept any proposal alternative or exception and to award a contract based thereon if determined to be in the best interest of the City.

3.2. Proposal Format
Proposals must be structured, presented, and labeled in the following manner:

Section 1.0 – RFP Cover Page: Provides basic Vendor contact information and an authorized signature accepting the City’s terms and conditions as stated in this solicitation. This section of the proposal must include the following company information:

1. Provide the legal entity name, Federal Employer Identification Number (EIN), and form of business (i.e., Corporation, LLC, etc.).

2. Identify if the vendor is a subsidiary of a larger company. If so, whom?

3. Provide the proposal contact name, address, phone number, and email address.

4. Identify the location of company headquarters and office which will support the service.

5. Identify any pending litigation against the vendor.

6. Identify if the vendor has filed any bankruptcy or insolvency processing in the last 10 years.

7. Identify any mergers, acquisitions, or sales of the vendor company within the last five years (if so, an explanation providing relevant details).

Section 2.0 – Vendor Response to RFP: Answers should be complete and in the order presented. The proposal should be as short as possible and do not include generic marketing materials.

Section 3.0 – Optional Appendices or Exhibits: Vendors may include sample reports, letters of recommendation, or other exhibits that may assist the City in favorably evaluating the Vendor.

Do not include generic marketing materials.

Section 4.0 – Company Background
This section should identify the following:

1. A description of the vendor’s background, nature of business and organizational history.

2. A statement of how long the vendor has been providing support as required by this RFP.

The Company Background section should not exceed three (3) pages.

Section 5.0 – Company Qualifications
In this section of the proposal, identify company and staff qualifications and experience providing the requested services.

More specifically, this section should identify the following:

1. Describe your experience in government/municipal billing

2. Identify your existing client base including the number of clients you provided the services being proposed here.

The Company Qualifications section should not exceed three (3) pages.

Section 6.0 - References
Provide at least three references. For each reference, provide a technical and functional contact.

To the extent possible, the City prefers references from local government agencies with full City services like the City of Ventura.

For each reference, vendor should provide the following information:

1. Entity name

2. Customer technical and functional contact information (name, title, phone, and email)

3. Scope of work performed identifying the services provided Section 7.0 - Pricing
The City is seeking a clear and comprehensive understanding of all costs associated to provide the requested services.

4. Proposal Evaluation
Evaluation:
➢ Firm/Consultant Qualifications, services offered to satisfy RFP criteria, Experience, and Resources: experience, qualifications, and resources of the Proposer as reflected in the nature of its organization, its past experience, and its reputation.
➢ Completeness of Proposal: compliance with Proposal submittal requirements, including overall quality, clarity and concise presentation. ➢ References: quality of service, communications, and professionalism. ➢ Reasonableness of Cost.

Evaluation Criteria and Award of Contract
Proposals submitted will be subject to the City’s selection procedures for consultants. Accordingly, the final selection will be based upon overall capability to perform services, and not exclusively upon cost of services.

All proposals received by the submittal deadline will be evaluated in two phases by an evaluation team, based on the selection criteria described herein, and its associated point value.

The City of Ventura reserves the right to reject any or all proposals, in part or in their entirety. In addition, the City will award any resulting contract in a manner consistent with the City Purchasing and Contracts ordinance.

A selection panel will evaluate proposals that satisfactorily meet the evaluation criteria. These proposals will be evaluated in the following areas:

Scoring Component % of Score

1. Qualifications, services offered to satisfy RFP
criteria, experience, resources, including expertise,
competence, and availability of consultant 50%

2. Completeness of Proposal 10%

3. References 20%

4. Reasonableness of Cost 20%
Total Possible Score 100%

5. CITY OF SAN BUENAVENTURA - GENERAL

PROVISIONS FOR STANDARD FORM

CONTRACTS
Please Read Carefully
These provisions are part of your Bid/Proposal/Quotation and any resultant Agreement Definitions:

A. “Bidder’ is any individual, partnership, or corporation that submits a bid, proposal, or quotation.

B. “Bid,” “Proposal,” or “Quotation” shall hereafter be referred to as “Bid.” C. “Assistant Finance Director” shall mean the Assistant Finance Director or designee.

The Bidder agrees that:

A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done;
B. Bidder understands the meaning, intent, and requirements of the items to be furnished or work to be done; and
C. Bidder will enter into a written contract and furnish the item(s) or complete the work required in the time specified, in strict conformity with the specifications of the City of San Buenaventura (“City”) for the prices quoted.

1. Prices:

All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written in with ink adjacent to the error. The person signing the bid must initial corrections in ink.

Bids shall indicate the unit price extended to show the total price for each item bid. Any difference between the unit price extended and the total price shown for all items bid shall be resolved in favor of the unit prices.

2. Bidder’s Security: NOT REQUIRED
A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by the City.

The bid security may only be in cash, a cashier’s check, a certified check made payable to the City, or a bid bond. If the bid security is a bond, it shall be executed by an insurer authorized to issue surety bonds in the State of California. The bid security must be executed by the Bidder and enclosed with the bid in the sealed bid envelope.

3. Faithful Performance Bond: NOT REQUIRED
If required, the Bidder will furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract.

4. Items Offered:

If the item offered has a trade name, brand, and/or catalog number, such shall be stated in the bid. If the Bidder proposes to furnish an item of a manufacturer or bidder other than that mentioned on the face hereof, Bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state “or equal.”

5. Brand Names:

Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the City, thereby incorporating these standards by reference within the specifications. These specifications are not meant to limit the Bidder. They are guidelines to minimum qualifications. The Bidder shall indicate their compliance or non-compliance for each line of the specification. Any deviations from the specifications, or where submitted literature does not fully support the meaning of the specifications, must be clearly cited in writing by the Bidder.

An equivalent (“or equal”) may be offered by the Bidder, subject to evaluation and acceptance by the City.

It is the Bidder’s responsibility to provide, at Bidder’s expense, samples, test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered substitute. The City reserves the right to reject a substituted component that will not meet or exceed City specifications.

6. Samples:

Samples may be required for bid evaluation and testing purposes. Bidders agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City.

7. Verification of Quotations:

Prices must be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened.

8. Firm Prices:

Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City shall receive the benefit of such decline.

9. Alternative Bids:

To be responsive, Bidder must submit a bid that meets all specific bid requirements. Once Bidder has proposed a product which is responsive to the specification, Bidder may include with the bid any additional bids or alternative products that Bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City.

10. Confidential Information:

Any information deemed confidential or proprietary should be clearly identified by the Bidder as such. It may then be protected and treated with confidentiality only to the extent permitted by law. Otherwise, the information shall be considered a public record. Information or data submitted with a bid will not be returned.

11. Quality:

Unless otherwise required in the specifications, Bidder shall assume that all goods furnished shall be new and unused.

12. Tropical Hardwoods:

Bidder shall not provide any tropical hardwood items to the City.

13. Modification or Withdrawal of Bids:

Bids may be modified or withdrawn by written notice sent by regular U.S. mail or email and received by the Purchasing and Contracts Section of the City’s Finance & Technology Department prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or bidder’s authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.

14. Late Bids:

Bids received after the exact time and date specified for receipt will not be considered.

15. Mistake in Bid:
(a) If the Bidder discovers a mistake in the bid prior to the hour and date specified for receipt of bid, Bidder may correct the mistake by modifying or withdrawing the bid in accordance with Section 13 above. (b) If prior to the issuance of a purchase order or a contract, the apparent low and best bidder discovers a mistake in the bid of a serious and significant nature which is unfavorable to Bidder, Bidder may request consideration be given to modify the bid if it remains the lowest, responsive, and responsible bid. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Assistant Finance Director is final with regard to acceptance or rejection of requests for correction of bids.

16. Signature:

All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee, or agent, and indicate his or her title.

17. Litigation Warranty:

The Bidder warrants that Bidder is not currently involved in litigation or arbitration concerning the materials or performance relative to the same or similar material or service to be supplied pursuant to this bid. Bidder further warrants that no judgments or awards have been made against Bidder on this basis. Disclosure to the City in the bid of pending litigation, arbitration, judgment, or award involving the same or similar material or service as to be supplied herein may disqualify the Bidder. The City reserves the right to consider the facts surrounding such disclosure and, in the event the bid is awarded to Bidder, to require Bidder to furnish the City with a surety bond pursuant to Section 2, above.

18. Royalties, Licenses and Patents:

Unless otherwise specified, the Bidder shall pay all royalties, license fees, and patent fees. The Bidder warrants that the materials to be supplied do not infringe any patent, trademark, or copyright, and further agrees to defend any and all suits, actions, and claims for infringement that are brought against the City, and to defend, indemnify, and hold harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the Bidder, or those furnishing materials to Bidder to meet the bid specifications.

19. Performance Standards:

Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City.

20. Warranties:
(a) All material, labor, or equipment provided under the contract shall be warranted by Bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by Bidder on the bid as an exception. (b) Bidder shall be considered primarily responsible to the City for all warranty service, parts, and labor applicable to the goods or equipment provided by Bidder under this bid, regardless of whether Bidder is an agent, broker, fabricator, or manufacturer’s dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts, and labor are available and provided to meet City’s schedules and deadlines.

21. Addenda:

Before submitting a bid, each bidder shall ascertain whether any addenda have been issued. Failure to cover in this bid any such addenda issued may render the bid non-responsive and result in its rejection.

22. Taxes:

The City is exempt from Federal Excise Tax. The City is liable for State, City, and County Sales Taxes.

23. Living Wage Requirements:

Bidder understands and agrees that if Living Wages are applicable subject to the provisions of Chapter

2.525 of the San Buenaventura Municipal Code (the “Code”) entitled, “Living Wages and Benefits for City Services” (a copy of which is available upon request), Bidder will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services required pursuant to the solicitation.

Moreover, Bidder will require any of its successors, assigns, and subcontractors who receive any compensation or other emoluments arising out of the performance of the services required to similarly pay and/or provide such wages and/or benefits to all of their employees engaged in whole or in part in performing such services.

24. Prevailing Wage Requirements:

Effective January 1, 2015, the payment of State prevailing rates of wages as designated for Ventura County for on-site work and delivery of materials shall apply to projects for alteration, demolition, repair, or maintenance work over $15,000. Prevailing wages are required to be paid to all workers, including subcontracted employees.

For information, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html Use of Prevailing Wages vs. Living Wages: In the event that there is a difference between the amount of wages to be paid under the City’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to the contract. PLEASE NOTE, with respect to Federal contracts, other requirements may apply, in which case, the highest of the federal Prevailing Wage, state Prevailing Wage and local Living Wage prevails.

It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

25. Conflict of Interest:

No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they:
(a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment, or action in the performance of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with Bidder. The Bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the Bidder is to report it immediately to the Assistant Finance Director. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and Bidder may be subject to damages and/or debarment or suspension.

26. Gratuities:

The City may rescind the right of the Bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the Bidder, or any agent or representative of the Bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement.

27. Insurance: REQUIRED
Prior to commencement of the services required by this bid, the Bidder shall procure and maintain in full force and effect all of the insurance required by Exhibit “C,” attached hereto and incorporated herein by this reference.

28. Indemnification:

As a separate and independent covenant from BIDDER’s obligations under Section 27 hereof, BIDDER shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct related in any way to BIDDER’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, or wrongful conduct, BIDDER shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, or wrongful act, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees.

BIDDER also understands and agrees that it is being employed to perform the services provided for by this Agreement because of BIDDER’s professed expertise and experience in performing such services. In addition, BIDDER understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by BIDDER pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, BIDDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by BIDDER pursuant to this Agreement.

The BIDDER’s obligations under this Section of the Agreement shall survive the termination of the agreement.

29. Award of Contract:
(a) Bids will be analyzed, and award will be made to the lowest, responsive, and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City. (b) The City reserves the right to reject any item or items. (c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require unless the bidder clearly specifies otherwise in his bid.

Upon acceptance by the City, the solicitation, bid, price quotation, and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions.

30. Request for Proposal (RFP) Submittals:

The documents submitted by prospective bidders are competitive sealed proposals and not competitive sealed bids. When proposals are opened, prices and other information will not be made public until the proposal is awarded. There will be no disclosure of any bidder’s information to competing bidders prior to the award of the proposal. At that time, the executed contract and proposals will become public information.

31. Protests:

Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Assistant Finance Director no later than ten (10) calendar days from the date of the letter of notice. Failure to submit a timely written protest to the Assistant Finance Director shall bar consideration of such protest. The Assistant Finance Director shall consider the merits of the protest and make a determination that shall be immediately communicated to the protesting bidder. Any appeal concerning the determination of the Assistant Finance Director shall be submitted in writing to the Finance & Technology Director no later than five (5) calendar days after the original determination is communicated to the Bidder. The Finance & Technology Director shall hear the documented arguments of the protest and a written determination will be made and returned to the affected bidder(s). Determinations by the Finance & Technology Director concerning protests are final.

32. Documentation:

Due to the time constraints that affect contract performance, all required documents, certificates of insurance, and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in the bid being declared non-responsive and rejected, and at City’s option, if a bid bond was required, it may be attached for damages suffered.

33. Document Ownership:
(a) All technical documents and records originated or prepared pursuant to this solicitation, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement.

(b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this solicitation shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by Bidder without infringing Bidder’s copyright or any license granted to City.

34. Advertisements, Product Endorsements:

City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of their company, commercial products, or services, without prior written approval of the City Manager.

35. Optional Cooperative Purchase Agreement
It is intended that any other public agency (i.e., city, district, public agency, municipality, or state agency) located within California shall have the option to participate in any award made as a result of this bid. The City shall incur no financial responsibility in connection with purchase orders or contracts made by the Bidder with another public agency resulting from this bid. The public agency shall accept sole responsibility for placing orders and making applicable payments to the Bidder. The option shall not be considered in the bid evaluation.

36. City Provisions to Prevail:

The City’s General Provisions shall govern any contract award. Any standard terms and conditions submitted by Bidder may result in the rejection of the bid. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply.

37. Invalid Provisions:

In the event that any one or more of the provisions of this bid shall be found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in effect and be enforceable.

38. Lawful Performance:

Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this solicitation. In addition, all applicable permits and licenses required shall be obtained by the Bidder, at Bidder’s sole expense.

39. Venue:

This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the Superior Court of California, County of Ventura.

40. Small Local Business Purchasing Preference: NOT APPLICABLE In determining the lowest responsible bidder for any city purchase of goods or public works construction contract that is for $250,000 or less, and when responsibility and quality are equal, a credit of five percent (5%) of the bid submitted by the lowest responsible bidder meeting specifications shall be given to a bidder that meets the definition of a “Small Local Business,” as defined in Attachment “B.” Certification: Should Bidder meet the requirements of a Small Local Business, Attachment “B” must be completed and returned with a valid and authorized quotation.

APPROVED AS TO FORM
PER SBMC, SECTION 4.600.050
Gregory G. Diaz, City Attorney

6. AUTHORIZATION SHEET
REQUEST FOR PROPOSAL P-130000622 FIRE DEPARTMENT 3

RD PARTY INSPECTION

BILLING SERVICES

1. Price, terms and any other conditions quoted shall remain valid and in effect from bidclosing date to _____________.

2. This is to certify that I have carefully reviewed the City of San Buenaventura’s Proposal for REQUEST FOR Proposal NO. P-130000622 Fire Department 3
rd Party Inspection Billing Services and have clearly
indicated in writing any exceptions my firm is making. Therefore, I, the undersigned, hereby agree to both furnish and deliver the Proposal in this quotation complete as specified, if awarded, within the time specified and at the price quoted therein and without any additional charges to the City of San Buenaventura.

COMPANY NAME

PHONE NUMBER FAX NUMBER

COMPLETE MAILING ADDRESS

EMAIL ADDRESS

NAME AND TITLE OF AUTHORIZED COMPANY OFFICIAL

SIGNATURE DATE

Attachment “A”
CITY OF SAN BUENAVENTURA AND ________________________________________________ AGREEMENT NO. _____________________
By this General Services Agreement (“Agreement”), the City of San Buenaventura (“CITY”) agrees to engage the services of CONTRACTOR (identified below), and CONTRACTOR agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONTRACTOR may be individually referred to as “Party” or collectively as the “Parties.”

1. FEDERAL FUNDING.
 Check this box if the Agreement is funded by a federal grant or cooperative agreement program, either directly or indirectly. If checked, Exhibit D must be included with and applies to this Agreement. (Indirect funding is when the City of San Buenaventura receives federal funding through a source other than the federal government. E.g., the federal government provides funding to the State of California and the State then passes the funding through to a local government entity such as the City of San Buenaventura.) In the event of any contradictions or inconsistencies between Exhibit D and the provisions of the Agreement itself, the terms of Exhibit D shall control.

2. SUMMARY DESCRIPTION OF SERVICES. __________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

3. PARTIES.

CITY OF SAN BUENAVENTURA (“CITY”), a charter city and municipal corporation of the State of California, located at 501 Poli Street, Ventura, CA 93002 __________________________________ (“CONTRACTOR”), [capacity] , located at __________________________________________________________

4. TERM OF AGREEMENT: From (Date): ___________ (“Effective Date”) To (Date):
_________________
Optional Extension (initial term, plus any option to extend, shall not exceed a total of five (5) years):
____________________________________________________________________________________ _

5. AGREEMENT AMOUNT: $_______________________________________________________

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONTRACTOR’s services shall be performed or immediately supervised by the CONTRACTOR’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Name:

Title: Title:

Phone: Phone:

Email: Email:

Mailing Address (if differs from above): Mailing Address (if differs from above):

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be approved as to form by the City Attorney, then executed by the CONTRACTOR, after which the Agreement may be executed by an authorized person on behalf of the CITY.

7.2. A request for modification of the terms herein must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

8. CONTRACTOR'S SERVICES.

CONTRACTOR shall perform/agrees to perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 18 of this Agreement.

9. COMPENSATION.

CITY shall pay CONTRACTOR for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 18 of this Agreement.

10.PAYMENT.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONTRACTOR of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

11. COMMENCEMENT OF PERFORMANCE.

CONTRACTOR shall not perform any work under this Agreement until: (i) CONTRACTOR furnishes proof of insurance as required under Section 21 of this Agreement, and (ii) CITY provides CONTRACTOR a signed General Services Agreement, which shall serve as a Notice to Proceed.

All services required of CONTRACTOR under this Agreement shall be completed on or before the end of the term of the Agreement.

12. STATUS OF CONTRACTOR.

The Parties agree that CONTRACTOR (and any subcontractors), in performing the services herein specified, shall act as an independent contractor and shall have control of all work for which CONTRACTOR is responsible, and the manner in which it is performed. CONTRACTOR shall be free to contract for similar service to be performed for other employers while under contract with CITY, provided that such work does not create a conflict of interest. CONTRACTOR shall have no right or power to bind the CITY to any contracts or agreements with third parties. CONTRACTOR is not an agent or employee of the CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. However, the CITY retains the right to provide general instructions to and observe the CONTRACTOR in the performance of all services done on behalf of the CITY.

In the event CONTRACTOR or an employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement is determined by a court of competent jurisdiction with the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, protect, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or their employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which might otherwise be deemed the responsibility of the CITY.

13. LAWFUL PERFORMANCE.

CONTRACTOR shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONTRACTOR, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

14. SAFETY REQUIREMENTS.

CONTRACTOR shall not perform any services for the CITY when the CONTRACTOR is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONTRACTOR when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONTRACTOR's work by CITY shall not operate as a release of the CONTRACTOR from such standard of care and workmanship.

15. OWNERSHIP OF CONTRACTOR’S WORK PRODUCT.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONTRACTOR in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

15.1. Records and Inspections. The CONTRACTOR shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

15.2. Deliverables. CONTRACTOR shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONTRACTOR shall, upon completion of all work, submit to the CITY all information developed in the course of the CONTRACTOR's services. CONTRACTOR shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONTRACTOR shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONTRACTOR by the CITY.

15.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. CONTRACTOR agrees that CITY may make modifications to computer software furnished by CONTRACTOR without infringing CONTRACTOR’s copyright or any license granted to CITY, unless otherwise agreed.

15.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

15.5. Confidentiality. CONTRACTOR may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7) when it is necessary for CONTRACTOR to perform its obligations pursuant to this Agreement. If CONTRACTOR is granted such access to confidential information, CONTRACTOR shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

15.6. Disclosure of Information. CONTRACTOR shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONTRACTOR by the CITY or other information to which the CONTRACTOR has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

16. NON-APPROPRIATION OF FUNDS.

Payments due and payable to CONTRACTOR for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONTRACTOR’s services beyond the current fiscal year, and if no funds are legally available from other sources to lawfully make the payments, this Agreement may be terminated at the end of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the current original or renewal term. The CITY will provide notice of its inability to continue the Agreement at such time as the CITY’s Designated Representative is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the contract.

17. TERMINATION OF AGREEMENT.

At any time, with or without cause, the CITY shall have the right, in its sole discretion, to terminate this Agreement by giving written notice to CONTRACTOR pursuant to Section 31 of this Agreement, and such termination shall be effective immediately upon giving notice. There shall be no period of grace after giving the notice of termination. Upon termination, CITY shall be liable to CONTRACTOR only for work done by CONTRACTOR up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) days’ written notice.

17. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may be extended on a daily, month-tomonth, annual, or other basis by modification pursuant to Section 18 of this Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years.

18. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the San Buenaventura Municipal Code, sections 4.600.190 and 4.600.200.

19. ASSIGNMENT.

This Agreement is for the non-professional services of CONTRACTOR. Any attempt by CONTRACTOR to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONTRACTOR's services pursuant to this Agreement shall be provided by the CONTRACTOR’s Designated Representative or directly under his/her supervision, and CONTRACTOR shall not assign another to supervise the CONTRACTOR's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

20. INDEMNIFICATION & HOLD HARMLESS.

As a separate and independent covenant from CONTRACTOR’s obligations under Section 21 hereof, CONTRACTOR shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct related in any way to CONTRACTOR’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees,

agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, or wrongful conduct, CONTRACTOR shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, or wrongful act, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees.

CONTRACTOR also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONTRACTOR’s professed expertise and experience in performing such services. In addition, CONTRACTOR understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONTRACTOR pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONTRACTOR waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONTRACTOR pursuant to this Agreement.

The CONTRACTOR’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

21. INSURANCE.

Prior to commencing the services required by this Agreement, and at all other times this Agreement remains in effect, the CONTRACTOR shall procure and maintain in full force and effect all of the insurance required by Exhibit “C,” attached hereto and incorporated herein by this reference.

22. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONTRACTOR understands and agrees that if Living Wages are applicable subject to the provisions of Chapter 2.525 of the San Buenaventura Municipal Code (the “Code”) entitled, “Living Wages and Benefits for City Services” (a copy of which is available upon request), CONTRACTOR will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.

23. PREVAILING WAGE REQUIREMENTS.

23.1. Application. The payment of State prevailing rates of wages as designated for Ventura County for on-site work and delivery of materials shall apply to public works construction projects over $25,000 and projects for alteration, demolition, repair, or maintenance work over $15,000. Prevailing wages are required to be paid to all workers, including subcontracted employees.

23.2. Compliance with California Department of Industrial Relations (DIR). To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

23.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

23.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Ventura’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. PLEASE NOTE, with respect to Federal contracts, other requirements may apply, in which case, the highest of the federal Prevailing Wage, state Prevailing Wage and local Living Wage prevails.

24. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by CONTRACTOR shall be construed to be both a covenant and a condition.

25. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other Party. The Party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the Party received notice of breach, the nonbreaching Party may terminate this Agreement.

26. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONTRACTOR under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONTRACTOR’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

27. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONTRACTOR. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONTRACTOR requests mediation within ten (10) calendar days. Pending final decision of a dispute, the CONTRACTOR shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

28. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process.

The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation

and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) days, unless the maximum time is extended in writing by both Parties.

29. TAXPAYER IDENTIFICATION NUMBER.

CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification as issued by the Internal Revenue Service.

30. USE OF THE TERM “CITY.”
Reference to “CITY” in this Agreement includes the CITY, its City Manager, or any authorized representative acting on behalf of the CITY.

31. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 5. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

32. FORCE MAJEURE.

Neither the CONTRACTOR nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

33. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

34. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

35. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

36. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

37. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

38. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

39. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

40. ACKNOWLEDGEMENT.

By signing below, CONTRACTOR acknowledges that it has reviewed the CITY’s General Services Agreement terms and conditions and insurance requirements, and that CONTRACTOR hereby agrees to full compliance.

Signatures Follow

In witness whereof, the Parties have entered this Agreement on the date last signed below (“Effective Date”).

CITY OF SAN BUENAVENTURA [CONTRACTOR NAME]
______________________________ ________________________________ Name: Name:

Title: Title:
______________________________ ________________________________ Date Date
________________________________
Name:

Title:
_______________________________
Date
_______________________________
Tax Identification Number

APPROVED AS TO FORM
GREGORY G. DIAZ, CITY ATTORNEY
PER SBMC, SECTION 4.600.050
Any modification to this pre-approved
Standard Form requires further
review and approval by the City Attorney.

EXHIBIT A

GENERAL SERVICE AGREEMENT
(City of San Buenaventura and )

SCOPE OF SERVICES

EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of San Buenaventura and )

SCHEDULE OF COMPENSATION

EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of San Buenaventura and )

INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/CONTRACTOR/SELLER/BIDDER (hereafter referred to as “Contractor”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

1. Coverage Types and Limits
a) Commercial General Liability (ISO CGL CG 00 01) - including coverage for bodilyinjury, property damage, products & completed operations, and personal injury arising from the contractor’s activities.

Commercial General Liability (CGL) per Occurrence
Commercial General Liability Aggregate or Combined Single Limit (CSL)
$2 million
$4 million
b) Auto Liability for owned, hired, and non-owned vehicles per Occurrence(or non-owned & hired if contractor has no autos).

Auto Liability Aggregate or Combined Single Limit
$1 million
c) Worker's Compensation with a Waiver of Subrogation in favor of the City Employer's Liability
$ 1million
d) Crime/Employee Dishonesty Policy
The Crime policy shall name The City of San Buenaventura as Loss Payee. Pertainsto IT and Financial contracts. Contact Risk Manager for specific requirements.
$2 million
e) Cyber Liability Policy with Network Security/Data Privacy Coverage Pertains to contracts with IT component. Contact Risk Manager for specific requirements.
$2 million
f) Technology E&O/Technology Professional Liability
Contact Risk Manager for specific r equirements.
$2 million

2. Insurance Policy Provisions, Endorsements, and other Requirements Contractor agrees to comply with the following additional requirements with respect to the insurance:
a) Liability Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee, agent, or volunteer of City. Assuch, a Primary and Non-Contributory Endorsement (with coverage at least as broad as ISO CG 2001 04 13) is required on all liability policies.

b) Contractor waives its right of subrogation against the City. As such, a Waiver of Subrogation Endorsement is required on the Contractor's Worker's Compensation policy.
c) A "Blanket" Additional Insured Endorsement (a/k/a "automatic additional insured endorsement"), attached to the Commercial General Liability policy covering premises liability, ongoing operations, product liability, and completed operations is required. If a "Blanket" endorsement is not available, Contractor may submit a combination of the following endorsements:

An Additional Insured Endorsement covering Premises and Ongoing Operations CG 20 10 04 13 or itsequivalent (CG 20 26, CG 20 33, or CG 20 38) AND
and Additional Insured Endorsement covering Completed
Operations CG 20 37 04 13.
d) Insurance Policies must be issued by an insurance company licensed to do business in the State ofCalifornia with an AM Best rating of not less than A:VII.
e) Each insurance policy required above shall provide that coverage shall not be canceled except with 30days’ notice to the City.
f) The Description section of the Certificate must include the following language:

The City of San Buenaventura, its officers, officials, agents, employees and volunteers shall be named as anadditional insured under the General Liability and Auto Liability policies. All Liability policies are primary and Non-Contributory. Waiver of Subrogation applies to the Worker’s Compensation policy. 30-day notice of cancellation will be provided to the Certificate Holder. g) A Certificate of Insurance must include the following language in the Certificate Holder section:

City of San Buenaventura, its officers, officials, agents, employees and volunteers
501 Poli Street
Ventura, CA 93002
h) Contractor will provide proof that policies of insurance required herein expiring during the term of thisAgreement have been renewed or replaced with other policies providing at least the same coverage.Such proof will be submitted to the City within 10 days of renewal.

i) Contractor shall provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance and any required endorsements evidencing all of the coverages required. Anyfailure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any other additional insured in this or any other regard.
j) Contractor shall ensure that coverage provided to meet these requirements is applicable separately to each insured, and that there will be no crossliability exclusions that preclude coverage for any legal action between Contractor and City, between Contractor and any other named insureds or additional insureds under the insurance policy, or between City and any party associated with City or City’s officers, officials, employees, agents, or volunteers.
k) Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. There shall be no cross-liability exclusion and no Contractor limitation endorsement. In addition, there shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or employment-related practices, except for a provision or endorsement limiting liability arising from pollution to liability caused by sudden or accidental pollution.
l) Any umbrella liability insurance over primary insurance provided to meet primary limits shall apply to bodily injury, personal injury, and property damage, at a minimum. Coverage shall be as broad as any required underlying primary coverage and shall include a “drop down” provision providing primary coverage for liability not covered by primary policies but covered by the umbrella policy. Coverage shallbe provided with defense costs payable in addition to policy limits. Coverage shall have starting and ending dates concurrent with the underlying coverage.
m) Coverage shall be written on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made” basis, Contractor shall continue tomaintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated. Such insurance shall have the same coverage and limits as the policy that was in effect duringthe term of this Agreement and shall cover Contractor for all claims made by City arising out of any errors or omissions of Contractor, or the officers, employees or agents of Contractor during the time thisAgreement was in effect.
n) Contractor shall require all sub-contractors or other parties hired by

Contractor to perform any part of the services required by this Agreement to purchase and maintain all of the insurance specified above and submit evidence of all such insurance. Contractor shall obtain certificates evidencing such coverageand make reasonable efforts to ensure that such coverage is provided as required herein.
o) No contract used by any Contractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. When requested, Contractor shall provide City with all agreements with sub-Contractors or others with whom Contractor contracts on behalf of City, and with all certificates of insurance obtained in compliance with this paragraph. Failure ofCity to request copies of such documents will not impose any liability on City, or its employees. p) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right, but not the duty, to obtain the insuranceit deems necessary to meet the requirements of this Agreement, and any premium paid by City for such insurance will be promptly reimbursed by Contractor, or, if not promptly reimbursed, deducted from any compensation to be paid by City to Contractor pursuant to this Agreement.
q) 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 and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Coverage shall not be limited to the specific location, individual, or entity designated as the addressof the project or services provided for by this Agreement. Insurance coverage limits are subject to changebased on the unique liability associated with each project over and above standard coverage limits at thediscretion of the City's Risk Manager or their designee.
r) Contractor shall provide immediate notice to City of any claim against Contractor or any loss involvingContractor that could result in City or any of City’s officers, employees, agents, or volunteers being named as a defendant in any litigation arising out of such claim or loss. City shall not incur any obligation or liability by reason of the receipt of such notice. However, City shall have the right, but notthe duty, to monitor the handling of any such claim or loss that is likely to involve City.
s) In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor will be personally responsible for any and all losses, claims, suits, damages, defense obligations, and

liability of any kind attributed to City, or City’s officers, employees, agents, orvolunteers as a result of such failure.

Please note:
t) Automobile Liability insurance is not required if the Vendor and its employees does NO traveling in providing services for completion of the Agreement (e.g., telecommuting). If the Vendor has employeesbut no vehicles registered to the business (personal vehicles only), the non-owned and hired automobileliability coverage should be included in the Vendor's Commercial Auto Liability policy
u) Workers Compensation insurance is not required if the Contractor is a sole proprietor/partner/corporateofficer with no employees. Otherwise, Worker’s Compensation is required under CA Labor Code Section 3700. A Workers Compensation Insurance Waiver is required stating Contractor is a sole proprietor/partner/corporate officer with no employees. This waiver is to be included with the other submitted documents.
v) Professional Liability may be required for the following types of contractors.

These are only examples andnot an all-inclusive list. Contact Risk Manager for clarification and requirements.

Examples:

Appraisers, notaries, imaging of records, EOC plan, Fair Housing assessments, trainers
Chemists, auditors, insurance agents and brokers, lawyers, laboratories, surveyors, building inspectors,traffic engineering services.

Ambulance services, actuaries, counselors, medical providers. Also includes engineers, architects, construction managers, hazardous materials evaluators, environmental impact evaluators. All IT related projects, contractors and consultants.
w) Cyber Liability and Network Security/Data Privacy Coverage and Technology E&O/Technology Professional Liability coverage may be required in agreements that have an IT or data component. Contact Risk Manager for clarification and requirements.

Justin Powell
VP of National Sales
2271 Lava Ridge Court, Suite 120
5603-16659 AC ,ellivesoR
email:

1.888.640.7222
cell: 916.297.0205
www.FireRecoveryUSA.com
City of Ventura
Fire Department 3rd Party
Inspection Billing
[email protected]
Jennifer Yates
Purchasing Supervisor
501 Poli Street
Ventura, CA 93001
DUE DATE: Wednesday, March 31, 2021
ATTACHMENT NO. 2
Section
1 Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
RFP Cover Page
Vendor Response to RFP
Optional Appendices or Exhibits
Company Background
Company Qualifications
References
Pricing

CITY OF VENTURA

SECTION 2.0 – VENDOR RESPONSE TO RFP
A. Billing Procedure
Fire Recovery has numerous current customers that are of the similar size and scope of the City’s program and we are confident that we will be able to effectively implement and manage the program for the City of Ventura. We have years of previous experience implementing customers both large and small. The process is similar regardless if the customer invoices 1,000 invoices per year or 10,000 invoices per year.

Fire Recovery USA has a proprietary billing system developed specifically to meet industry needs of invoicing fire inspections directly to the customer/business owners that the fire department has inspected. Data will be received electronically, and invoices will be first class mailed within one business day. If an email address is available invoices are emailed to the business owner or representative.

We Will:

Perform Address Confirmation using the USPS address validation tools to ensure invoices are delivered accurately and reliably. Any billable address issues are identified prior to mailing.

Process all invoices the same or following business day from the time the billing data is received from the City.

Mail or Email the Invoice – email delivery of invoices to your customer results in an average payment being received in 18 days. If an email address is unavailable or if it is not delivered, we will mail the invoice using USPS First Class Mail.

Cross Check System data with your Standard Practices to assure your invoice is billed in accordance with your standard practices. Any abnormalities are brought to your administrator’s attention for confirmation and/or adjustment.

Account Tracking/Aging – Our system will track the invoice and all activities on this invoice from the day it is received until the day it is paid. The system provides 100% transparency to our clients so they can see the detailed status of any invoice in our system.

Log all Customer contact – Our system allows the City to see any contact with your customer by date and time. All communications are logged, date and time stamped with detail regarding the contact or action on the account.

Confirm Receipt – 10 Days after mailing or emailing the invoice we will confirm receipt with the account to affirm receipt and to answer questions or clarify details of the invoice.

We stimulate resolution of questions and prompt payment of invoices.

Send a reminder email within 15 days from invoice date as a reminder that payment has not been received.

Provide late notice or billing of subsequent late fee, if required, 30 days after invoice date.

Provide online portal for accepting payments via credit card or e-check.

Provide an online help desk and ticketing system to ensure communications for accounts are tracked and prompted for immediate resolution. This system notifies the City of the question we need assistance with and logs the question and response to assure we provide the proper resolution to questions and issues. It further prompts our staff for follow up on open issues, which are unresolved to assure prompt resolution. All contacts and communications are logged and retained for future reference.

Receive and process all payments in our offices and deposit all monies into the City’s bank account nightly.

Promptly post all payments the day they are received for prompt recording and credit to your account.

Any delinquent accounts will be handled in a manner acceptable to the City. Each customer has a different approach for handling delinquent accounts, however if Fire Recovery feels an account is collectible, we will exhaust all efforts before providing the account back to the City or to collections, whichever is appropriate to the City.

Provide ALL Accounting and Account Reconciliation – We provide all accounting and audit trail necessary for the City thus reducing the need for internal functions other than to confirm our Monthly Reporting and Audit of payments. This is a major advantage over our competition and significant cost savings for the City. This includes Income and Expense, Adjustments and Accounts Receivable reports.

Provide all front-line customer service to your businesses via telephone and email to answer general and specific questions regarding invoices, basis for billing, and payment status. We provide W-9’s as requested.

Any customer complaints will be handled through our JitBit Help Desk ticketing system so that all inquiries/complaints and documented and handle appropriately. If the City has a specific dispute resolution policy, Fire Recovery will follow that policy.

Most Importantly we will provide consistent and repetitive business support for the City.

We pride ourselves on timeliness, detail, and consistency. Through this approach, we become an effortless key piece of your business process. All with Best Practices and a full audit trail for the City.

All billing data and customer contacts are 100% transparent and available in real time 24/7 to the end to the end user through the secure Recovery Hub portal (www.therecoveryhub.com)
B. Cashing Procedure
We will provide an online portal for accepting payments via credit card or e-check.

We will pass an electronic payment processing fees (convenience fee) of 3% for payments made by E-check or credit card to the consumer paying each invoice.

We will pay the funds due to the City for its inspections and/or permits on a monthly basis.

C. Customer Service
Customer Service is a key component in Fire Recovery’s success and has directly led to our industry-leading achievement. Customer service is stressed as a vital factor that makes us different from our competitors.

Each piece of correspondence sent to residents and businesses in your community will include phone numbers and email addresses that can be used to contact Fire Recovery USA. We respond to each contact as soon as possible, but never more than one business day after contact. If the contact has a question our staff cannot answer we have a “Ticketing System” whereby we contact a City employee, as designated by the City, who will answer the question by email and Fire Recovery will contact the person with the response. Fire Recovery USA has successfully employed this system with our existing client base. The system allows each question or problem to be tracked until its resolution and helps assure no open items are lost or overlooked at they remain open until completion. Our clients also appreciate this system as they are not subject to numerous phone calls from our staff and they can respond to open issues by email through the “Ticketing System” as time allows within their work schedule.

As part of his or her training, each employee of Fire Recovery USA is versed in the importance of customer service. They are required to maintain a courteous, businesslike demeanor in all contact and correspondence with our clients and their constituents.

Fire Recovery USA’s ownership and management believe in modeling our commitment to high-level customer service. Employees are our “customers” and need a regular demonstration of appreciation. We strive to maintain a family atmosphere in our office environment while continually encouraging our employees to reach higher levels of achievement through further evaluation and testing, as well as incentive programs to encourage success and managerial thinking.

D. Reporting:

All billing data and customer contacts are 100% transparent and available in real time 24/7 to the end to the end user through the secure RecoveryHub portal (www.therecoveryhub.com).

Your administrative team will have access to the RecoveryHub from any computer with internet access and see REAL-TIME data and reports, 24/7. This fully transparent system will allow you to see every contact and phone call we’ve made, the status of the bill, and track and reconcile every payment we’ve received. Each step in our process is visible to you, the end user, so you always know the status of your recovery efforts.

E. Billing Structure
We will bill per the City’s approved Fee Schedule, as provided to Fire Recovery USA.

This could entail graduated fees (based on invoice amount or inspection type such as a parcel inspection vs. an occupancy inspection). We can also bill for additional services in the future (as approved with fee schedule changes) such as for short duration inspections (i.e., a fifteen-minute inspection billable at an hourly rate) and the cost for invoicing for those inspections vs. longer duration inspections should be considered and specified. We will also add a billing/administrative fee for each invoice if approved and allowed per the City’s fee schedule. A 7% technology fee will also be added to each invoice per the City’s approved fee schedule.

F. Cost recovery methodology and track record on cost recovery percentages
In order to not duplicate information, this is listed above in A. Billing Procedure. Our average collection percentage is greater than 94%. See Exhibit A (Marketing Brochure/Statement of work)
G. Information and City involvement for vendor to provide the above services.

Upon approval and or award of the contract we will provide a new client setup form with questions relating to the setup of your account. The City will also need to produce and Excel or .CSV file form Tyler/DHD with the below required fields in the order listed to be able to import the inspection data into the billing software. Fire Recovery will provide an Excel template. Once the contract is approved Fire Recovery USA will configure the City’s billing account and generate sample invoices for the City to approve. We will provide an initial invoice, a reminder invoice, a delinquent invoice and a final notice. We will then upload test data to ensure the file format and invoices generate correctly in the billing software and review this with the City.

This is outlined in the section below: H. Billing Implementation Process and Proposed Timeline
H. Billing Implementation Process and Proposed Timeline Upon signing of the contract with the City, Fire Recovery will immediately get to work implementing the program. Our recommended project plan will be to immediately coordinate a meeting with stakeholders from the City and Fire Recovery. During this meeting we will layout the tasks along with implementation dates for each task.

Configuration of the City’s account in Fire Recovery’s billing system will take approximately one day. We will then provide sample invoices from our system. We will provide an initial invoice, a reminder invoice, a delinquent invoice and a final invoice.

We will work with the City to make any modifications to these invoices and once approved they will be ready for mail and email to the customers. Sample invoices are attached for your review.

Once we configure the billing system, we will need to test sample data based in information/data provided to us from the City’s software used to collect inspection and permit information. We will upload test files and make any modifications to our data import to ensure accuracy and integrity. Each and every inspection that is loaded into our system is checked by a member of our billing team to ensure data accuracy. Each address is also confirmed with an address validation too and noted as a valid or invalid address in our billing system. Any discrepancies in this data will result in our processing team generating a Help Desk ticket that will define and explain the issue as well as notify a representative at the City of the discrepancy. It will be up to the City’s staff to provide a resolution or clarification on the discrepancy. This is the same process used to address any irregularities or discrepancies after an invoice is produced.

Lastly, we will configure the payment processing workflows. The finance representative from the City will work directly with our CFO to determine the best workflows for receiving and depositing cash.

Contacts and or personnel needed from the City will include a data contact who is responsible for extracting and providing data on the inspections. We will also need a contact for someone wo can help resolve any billing issues or question on addresses, inspection questions and invoice irregularities. Reports are provided on a monthly or an as needed bases and a list of contacts or an email group will be needed for those reports. The only specific tasks required of City staff is to work with us to provide the necessary data and contacts to implement this program.

SECTION 3 – OPTIONAL APPENDICES OR EXHIBITS
Fire Recovery USA is an industry leading billing service provider. As a billing provider City staff will be hands off on the billing process once data is imported via a CSV file into Recovery Hub.

Fire Recovery USA will work with the City to ensure that the export format from the City’s software for collecting permit and inspection data is accurate and easily imported into The Recovery Hub.

It is our expectation that the City will see a dramatic increase in collection rate from what was provided in the RFP as based upon prior work with other similar sized municipalities, all with a decrease in workload for City staff as information collected by inspectors is used for the purposes of billing and no City staff hours are required to sustain the billing process.

Fire Recovery USA has aligned itself with some of the best service providers in the industry to ensure the security of our client’s data and availability of our services. Our entire infrastructure is hosted in Microsoft’s Azure Cloud Platform. This platform has its own Security Center that is inherent to that environment. However, we go a step further. Qualys is a third-party application that we use to monitor for malware and conduct additional vulnerability scans. The combination of the 2 services provide us a robust security solution with real time threat detection and a true geo-redundant footprint.

We know how important and how difficult it can be to become and remain PCI compliant. Once again, we have aligned with an industry leader. Authorize.net handles all of our online transactions and maintains a full PCI DSS/SSAE-16 compliant data center to secure your client’s sensitive financial data. A full copy of the PCI DSS/SAE-16 compliance report, document handling, and full Business Continuity Disaster plan can be provided upon request.

Microsoft Azure
● Geo-Redundant Services with real time database replication (backed up in real time) and application failover
● Database uptime 99.9999%
● The only public cloud platform to offer continuous security and health monitoring using Azure Security Center
● All connections and data transfers are encrypted
● All databases are encrypted at rest
● More certifications than any other cloud platform including ISO and HIPAA ● Real time health alerts and active scaling based on predefined threshold limits Qualys
● Provides additional 3rd party web applications scans and malware monitoring ● Zero-day vulnerability scans utilizing behavioral analysis ● Web application scanning for OWASP top 10 defined threats ● Real time alerts on active threats
Authorize.net (A Visa Solution)
● All customer billing transactions are conducted through Authorize.net servers and are PCI DSS compliant
● SSAE-16 compliance validated annually
● HIPAA, GLBA, & California Senate Bill 1386 (SB1386) compliant. Regular audits conducted as required to maintain compliance.

Fire Recovery will receive the data provided by the City in a secure format agreeable to both parties. Our current process requires to place files in a secure Microsoft Azure Storage container that Fire Recovery can then access and upload the data directly into our Recovery Hub Billing Platform. If that is not acceptable to the City, we can also support a Secure FTP location provided by the City. It is our preference to automate this process to maximize efficiency.

The Recovery Hub billing
application is a proprietary
system designed and built by
Fire Recovery. This
application was specifically
designed to suit our needs
and the needs of our client as
well has the end
user/customer. This software
has been used by our team
for over 10 years and has
billed millions of invoices. We
support our inhouse billing
program with a team of
developers, quality control
and database analysts as well
as system security and web
security project managers.

The system is browser based and all web traffic is secured. Our system is accessible to our clients 24x7 and we recommend using 64-bit web browsers.

Each of the screens in our system provides a different level of billing details and access for our clients.

RECORDS MAINTENANCE
Fire Recovery USA produces all inspections invoice in our proprietary billing system, The Recovery Hub (www.therecoveryhub.com). Every invoice is electronically produced and mailed or emailed to the end user. We also log and track all correspondence in The Recovery Hub.

Each time a change is made to an invoice an audit record is logged. Each time we have correspondence with a customer, either by phone or email, it is also logged in The Recovery Hub.

These documents and records are available to the City using The Recovery Hub in real time, 24x7. Records are maintained in a digital format indefinitely in our system.

Customer complaints, invoice discrepancies or questions and questions regarding invoices are all tracked electronically using our Help Desk Ticketing system JitBit. City personnel would also have access to this system and these records are also maintained indefinitely.

REPORTS
Fire Recovery USA is committed to providing the City with the most advanced reporting tools available through our website, The Recovery Hub. Recovery Hub provides custom report capabilities that we continue to develop in order to satisfy your needs.

We will provide monthly detail and summary reports (automatically and electronically).

We will provide an accounts receivable aging report.

We provide a web-based portal to appropriate your Community Risk Reduction and Accounting staff to access and view the status of all relevant reports or files, all updated real time. This is based on user security and roll access to the system.

Fire Recovery will also develop any custom reports that you require. The City will have the ability to download all invoice data in a csv. xls. or .html format on demand. This data can be produced electronically or via hard copy/printed. If desired, we can automate these reports to be distributed to you weekly or monthly.

AUDITING
Fire Recovery balances deposit totals daily by checks, credit card and E-checks. On a monthly basis we perform a detailed audit of all payments received to assure the receipts balance to the detailed invoice by invoice report that will be provided to the City as support for the amounts received by the City and for the invoice for Fire Recovery' s services. We will comply with any reasonable audit request made by the City. Our records will be made available to the City; however, all invoicing records are available to the City 24 hours a day 365 days a year through our web-based processing site, The Recovery Hub.

Call today!
ĉ Fire Recovery USA is the leader in
Cost Recovery & Efficiency services
for the fire industry. Call today to find
out how we can help your department.
ĉ 1.888.640.7222
ĉ [email protected]
ĉ www.firerecoveryusa.com

INCREASED EFFICIENCY AND REVENUE
ĉ ELECTRONIC DATA TRANSFER – No transposition errors. Data is extracted automatically from Streamline Inspections or from your RMS. ĉ ADDRESS CONFIRMATION & ADJUSTMENT – Adjustment Automatically updates address received to Standard Postal Code Address to ensure your lookup tables are accurate and consistent. Any billable address issues are identified up front prior to costly delays and mailings.
ĉ INVOICE CREATION – The next business day after the inspection is completed we will create an invoice based on your inspection data (which is received directly from Streamline Inspections).
ĉ MAIL OR EMAIL THE INVOICE – email delivery of invoices to your customer results in a faster payment. If a email address is unavailable or if it is not delivered we will mail the invoice using USPS First Class Mail.
ĉ ACCURACY CHECKS – Cross Check System data with your Standard Practices to assure your invoice is billed in accordance with your standard practices. Any abnormalities are brought to your administrator’s attention for confirmation and/or adjustment. ĉ AUTOMATICALLY UPDATE BILLING INFORMATION – Fire Recovery USA Staff, with the City’s permission, will update billing information in the Streamline Inspections Software if more accurate billing information is found during the billing efforts. ĉ ACCOUNT TRACKING/AGING – Our system will track the invoice and all activities on this invoice from the day it is received until the day it is paid. The system is transparent to our clients so they can see the detailed status of any invoice in our system.

You Inspect
Contact us today for a free demonstration! | www.FireRecoveryUSA.com

OUR PROCESS DELIVERS RESULTS
Our average collection rate
is above 94%.
94%
AVG. COLLECTION
RATE

WE INVOICE AND COLLECT
ĉ LOG ALL CUSTOMER CONTACTS – Our system allows our Clients to see any contact with their customer by date and time. All communications are logged, date and time stamped with detail regarding the contact or action on the account.
ĉ CONFIRM RECEIPTS – 10 Days after invoice we will confirm receipt with the account to affirm receipt and to answer questions or clarify details of the invoice. We stimulate resolution of questions and prompt payment of invoices.
ĉ EMAIL REMINDERS – Reminder email is sent 15 days from invoice date (we recommend invoices be due upon receipt for prompt payment).
ĉ LATE NOTICE/FEE – Provide late notice or billing of subsequent late fee (if your fee schedule provides for one) 30 days after invoice date.
ĉ PAYMENT PORTAL – Provide online portal for making payments by credit card or e-check. (we find much faster payment remittance by this convenience) Visa/Mastercard
ĉ LOCKBOX PAYMENTS – We utilize a regional lockbox system to receive mailed payments promptly and with proper logging. Based upon your location we will direct you to the nearest location. ĉ PAYMENTS POSTED PROMPTLY – We post all payments the
day they are received in most cases but never longer than the next business day for prompt recording and credit to your account. ĉ ISSUE NECESSARY PERMITS – We issue the appropriate Fire Inspection Notice, Permit or Certification of Inspection when Inspection is completed and passed and payments are made. ĉ ACCOUNTING & ACCOUNT RECONCILIATION – We provide
all accounting and audit trail necessary for your Municipality thus reducing the need for Municipal Accounting functions other than to confirm our Monthly Reporting and Audit Trail. This is a major advantage over our competition and significant cost savings for your Municipality. This includes Income and Expense, Adjustments and Accounts Receivable reports.
ĉ CUSTOMER SERVICE – We provide customer service to your businesses via telephone and email to answer general and specific questions about inspection programs, basis for billing, and payment status. We provide W-9’s as requested by inspection accounts. ĉ HELP DESK – We provide an online help desk and ticketing system to ensure communications for accounts are tracked and prompted for immediate resolution. This system notifies a department of the question we need assistance with and logs the question and response to assure we provide the proper resolution to questions and issues. It further prompts our staff for follow up on open issues, which are unresolved to assure prompt resolution. All contacts and communications are logged and retained for future reference. ĉ DATA TRANSFER – One of the key benefits of utilizing FRUSA is our ability to convey data back to your system at the conclusion of the business transaction with your client. This allows your system to update contact information and billing information to your system for future use as well as confirmation of payment.
ĉ SUPPORT – Most Importantly we will provide consistent and repetitive business support for your Department. We pride ourselves on timeliness, detail, and consistency. Through this approach we become an effortless key piece of your business process. All with Best Practices and a full audit trail for your Municipality. ĉ TRANSPARENCY – All billing data and customer contacts are 100% transparent and available in real time 24x7 to the end to the end user through the secure Recovery Hub portal (www.therecoveryhub.com) ĉ INTEGRATED 2 WAY API – Works with/integrated 2 way API with Streamline Inspections
ĉ COMPATIBLE WITH OTHER INSPECTION SOFTWARE – Also
works with any other inspection software by uploading Excel or Csv files for billing.

Invoice Processing Services

DESIGNED FOR FIRE INSPECTIONS
Integrates Seamlessly with Streamline Inspections!
Contact us today for a free demonstration! | www.FireRecoveryUSA.com 
SECTION 4 – COMPANY BACKGROUND
Fire Recovery USA, LLC was founded in 2006, is located in Roseville, California. We provide cities and fire departments across the United States with cost recovery funding programs in conjunction with motor vehicle incidents, structure fires, hazardous material spills, and fire inspection programs. Fire Recovery USA is the sole provider of these programs and the software developed to administer them. We do not use partners to administer the above-mentioned programs.

Inspections and Emergency Incident billing is handled in our Roseville, CA facility and is staffed by over 25 employees. EMS transport billing is handled in our Arlington Heights IL facility and is staffed by over 50 employees. Our system provides 24/7 access to our billing software and reporting system from any web-browser.

Fire Recovery USA has established and implemented systems for over 1,300 customers in 42 states (over 100 in California). We have the experience and brand recognition that has positioned us as the market leader in this niche. The company has a proprietary and very successful billing system developed specifically to meet industry needs. This system and its efficiencies have proven to successfully provide collection rates far superior to other competitors.

Fire Recovery USA has developed a methodology to process claims that has not been matched by the competition. This methodology centers around the company’s policy of communicating and corresponding with the responsible parties as well as providing flexible payment options and electronic communication.

TOTAL ORGANIZATION
Fire Recovery USA is one of three entities that comprise our family of cost recovery and technology services.

1. Fire Recovery USA

2. Fire Recovery EMS

3. Streamline Inspections

1. Fire Recovery USA provides eight main cost recovery programs.

Emergency Response Cost Recovery Program - You incur significant costs responding to incidents. Appropriately recovering the costs of high impact events is becoming the new standard. Let us provide you with an estimate of your potential recovery.

Inspection and/or Permit Billing - By combining technology with automation we can greatly enhance your inspection and permitting program. You inspect, we do the rest, efficiently and quickly with full transparency. We follow up on payments; have 24/7 live data reporting and the highest recovery rate in the industry.

First Responder Support Program - There are real costs to responding to medical incidents. Medical insurance typically covers the cost of the EMS service while most first responders have had to absorb these enormous costs. Our First Responder Support Program allows you to track and bill to recover these costs. We bill, collect, and pass the revenue back to our departments monthly.

Paramedic Subscription Program - Our Paramedic Subscription Program is an “insurance policy” to help cover first responder fees for resident in your region.

Combined with our First Responder Support Program, the Paramedic Subscription Program allows for affordable fees to cover a possible first responder event. For a small annual fee, a resident or business can pre-pay for any incident for their family or employees.

2. Fire Recovery EMS provides EMS Transport billing services. With nearly 20 years experience and advanced technology, let Fire Recovery EMS perform for you. Our track record is impeccable, our recovery rates among the highest, and our reporting is real time. Plus, we handle all the headache of collecting.

3. Streamline Inspections Fire Recovery USA and Streamline Inspections develop, market, and support our proprietary systems used for false alarm management. All components of this response are controlled by Fire Recovery USA, so no other vendors/partnerships are necessary for this response.

Data and information is seamlessly and automatically transferred from the CAD or RMS into the secure, online web based user interface and customized front-end portal. It is securely and conveniently stored in the cloud for remote and immediate access for updates, validation and follow-up. Streamline’s proprietary software is hardware agnostic, meaning you can access your data via any computer, tablet device, or smartphone. Our proprietary systems allow for complete customization, and quick and agile turnkey deployment. Customizable features include personalized portals, site management, billing, mapping and interface design, among other elements.

Streamline Inspections is a mobile and cloud-based inspection platform designed for state and local government and business performing inspection services. Streamline is designed to make inspections easier and more cost effective to manage regardless of the department or AHJ. The Application was designed by inspectors for inspectors and with multiple programs in mind: Fire Inspections, HazMat, Brush or Weed Abatement, Community Development and Code Enforcement, together in one system.

It is designed to work the way you work: our iPad-based software goes anywhere you need to go. Locally stored data on the device allows you to work where there is no connection to Wi-Fi or cell. Push notices allow notification of time critical new tasks.

The checklist-based system will incorporate any checklist and data field, from true/false to text, photos, numeric values, dynamic rules and more. Have you found violations not on your checklist? No problem, your local codes can be loaded on the device as well.

We have agreements with ICC and NFPA, to deliver a number of different code sets. No shuffling multiple inspection forms or using software that just doesn’t meet your needs.

It’s the most intuitive and versatile inspections application on the market.

HIPAA
Our Emergency Incident billing programs require no HIPAA information, and as such, no HIPAA information is collected or harvested. In addition, we have been certified by a third-party consultant as not having any exposure to HIPAA. None of the data we collect falls within HIPAA regulations.

Our EMS division is located in a separate office and all programs that require HIPAA information to be collected are run through that facility in order to insure 100% compliance and information protection.

NON-DISCRIMINATION
Fire Recovery USA affirms that we comply with all state and federal regulations related to non-discrimination.

STAFF CRITERIA
Fire Recovery USA strives to employ highly competent and efficient processors. Once a prospective employee is identified they are screened through the E-Verify system to establish and document their legal work status. Each candidate is subject to several interviews with management personnel and must pass a series of tests Fire Recovery has developed. These proprietary tests measure a candidate’s ability to perform at established standards in computer competence, language skills and customer service.

Upon employment, new processors are teamed with an experienced staff member who spends a week with them in intensive side-by-side training. The new processor is able to experience how a veteran processor handles the various challenges of their workday and is exposed to the high standards expected by Fire Recovery USA. Once the week of intensive training has concluded, the new processor remains assigned to the experienced staff member who continues to act as a mentor until the new processor is able to operate independently.

CUSTOMER SERVICE PHILOSOPHY
Customer Service is a key component in Fire Recovery’s success and has directly led to our industry-leading achievement. Customer service is stressed as a vital factor that makes us different from our competitors.

Each piece of correspondence sent to residents and businesses in your community will include phone numbers and email addresses that can be used to contact Fire Recovery USA. We respond to each contact as soon as possible, but never more than one business day after contact. If the contact has a question our staff cannot answer we have a “Ticketing System” whereby we contact a City employee, as designated by the City, who will answer the question by email and Fire Recovery will contact the person with the response. Fire Recovery USA has successfully employed this system with our existing client base. The system allows each question or problem to be tracked until its resolution and helps assure no open items are lost or overlooked at they remain open until completion. Our clients also appreciate this system as they are not subject to numerous phone calls from our staff and they can respond to open issues by email through the “Ticketing System” as time allows within their work schedule.

As part of his or her training, each employee of Fire Recovery USA is versed in the importance of customer service. They are required to maintain a courteous, businesslike demeanor in all contact and correspondence with our clients and their constituents.

Fire Recovery USA’s ownership and management believe in modeling our commitment to high-level customer service. Employees are our “customers” and need a regular demonstration of appreciation. We strive to maintain a family atmosphere in our office environment while continually encouraging our employees to reach higher levels of achievement through further evaluation and testing, as well as incentive programs to encourage success and managerial thinking.

SECTION 5 – COMPANY QUALIFICATIONS
Fire Recovery USA, LLC was founded in 2006 and is located in Roseville, California and provides cities and fire departments across the United States with cost recovery funding programs in conjunction with motor vehicle incidents, structure fires, hazardous material spills, and fire inspection programs. Fire Recovery USA is the sole provider of these programs and the software developed to administer them. We do not use any partners to administer the above-mentioned programs.

Fire Recovery USA has established and implemented systems for over 1,300 customers in 42 states. We have the experience and brand recognition that has positioned us as the market leader in this niche. The company has a proprietary and very successful billing system developed specifically to meet industry needs. This system and its efficiencies have proven to successfully provide collection rates far superior to large competitors.

Fire Recovery USA has developed a methodology to process invoices and permits that has not been matched by the competition. This methodology centers around the company’s policy of communicating and corresponding with the responsible parties as well as providing flexible payment options and electronic communication.

As for similar projects we have notated these where applicable, but we would draw your attention to the city of Oxnard, CA, Redondo Beach, CA, Durham, NC, and Greensboro, NC. Based on our overall collection percentages for these three agencies it is safe to say that Fire Recovery USA has a reputation in the industry as a leader as a billing service when implemented in great cooperation with the City.

Working as a cohesive team utilizing project management technology such as Basecamp, Google Hangouts, and JitBit Ticket Tracking software, we have on-boarded over 1,300 clients quickly and efficiently. Damian Regalado will be the project manager and will oversee project implementation, including on-boarding and the delegation of tasks to the appropriate internal personnel. He will oversee the progress and work to keep the project on schedule.

KEY INDIVIDUALS and Assigned Time Percentage
Damian Regalado – Regional Account Manager, co-project manager (50% time assigned) Justin Powell – VP of Sales, co-project manager (20% assigned) Rick Benner – Coordinate and facilitate financial account setup (15% assigned) Wendy Mangan – Office Manager and secondary project manager (15% assigned) Steve Crume – Technical/data import contact
Josh Gordon – Technical/data import contact
Identify your existing client base including the number of clients you provided the services being proposed here.

Our References are located in “Section 6.0 – References” as requested in your Proposal Format.

EXPERIENCE OF THE FIRM
As the nation’s largest and most successful biller of Emergency Incidents for cities and fire departments, our growth of clients of clients over the past 36 months has been staggering. We’ve grown from 373 clients in January of 2014 to over 1300 clients as of the date of this proposal, over 100% growth in three years. Our collections are the highest in the industry averaging between 70% and 80% depending on the type of run.

Emergency Incident billing is handled in our Roseville, CA facility and is staffed by over 25 employees. EMS transport billing is handled in our Arlington Heights IL facility and is staffed by over 125 employees. Our Emergency Incident system provide 24/7 access to our billing software and reporting system from any web-browser.

We will provide one person for the live training component of the project and unlimited web-based live webinar training for new employees.

Virtually all of our metro/muni clients are government clients (local government / city or county) and our experience is the equivalent as with our non-government accounts. They achieve the same high collection rates of between 70% and 80% depending on the type of run.

Fire Recovery USA is a privately held LLC, and as such does not provide financial information, however, we are happy to provide banking references upon request.

January 2017 – Present
Regional Sales and Account Manager (Western Territory)
Fire Recovery USA
Damian began a career in sales with State Farm Insurance in fall of 2007 in Monterey, CA. After two years he moved to Folsom, CA and found a position with a local State Farm Agent where he continued to develop his skills in the industry. In 2010 Damian moved into a management position with State Farm where he conducted team member training sessions for sales, CSR and enterprise application usage.

He maintained his management position until April of 2017 when he took the Regional Account Manager position with Fire Recovery USA. Since he took his position with Fire Recovery, he has helped grow the customer base by nearly 2-dozen new customers, all of which he has trained and/or is currently training personally.

Damian will be the project manager with the assistance of the Fire Recovery USA management team and will personally conduct any necessary onsite training for the department. His training sessions focus on providing ample knowledge of the system to the department users and aiding the department in configuring the system in full to be fully functional by the end of training.

March 2013 – Present
In March of 2013 Justin made the transition to join the Executive Management team at Fire Recovery USA. As the market demand grows and the increasing need for service and technology unfolds, strong leadership and direction is needed, as is in-depth knowledge of industry systems and practices. As part of the Executive Management team, Justin is responsible for providing direction and vision for company decisions and investments of the company’s capital and resource. Justin is also responsible for leading our sales and marketing team with an intense focus on product and service delivery. Our complete focus is to provide the best overall experience to our customers. The first point of contact in any organization is your sales representative and our commitment is to be available to our customers, listen to their needs and deliver.

National Sales Manager
FIREHOUSE Software
September 2007 – March 2013 (5 years 7 months) Urbandale, IA Growing the market-leading Fire Records Management Software domestically and internationally.

Responsible for leading all advertising and marketing campaigns using print and web media.

Involved in market research, product development and R&D to lead company direction and industry leading products. Advising software development for .net conversion and application development for iPad and Android platforms.

Led an external independent sales staff of 4 and an internal staff of 3.

Firefighter/EMT
City of Clive
August 2006 – November 2011 (5 years +) Clive, IA
Primary EMS care on ambulance and engine company response. Structural fire suppression. Life safety fire inspections and prevention Public education FFI, FFII, HazMat Operations, Driver Operator, EMT
January 2008 – Present
Rick began his career as a certified public accountant with Coopers & Lybrand, an international public accounting firm. After five years with the firm he became Vice President of Finance for the National Basketball Association’s Kansas City Kings before relocating with the team to Sacramento, California in 1985. He quickly developed an expertise in the NBA’s salary cap and negotiated multi-million dollar player contracts on behalf of the Kings’ organization. Rick was promoted to president of the Kings and Arco Arena in 1989 and at the time was the youngest president of any major professional sports franchise. As president he had overall responsibility for ticket sales, radio and television game broadcasts and advertising sales, media and public relations, in arena advertising and arena operations, including concessions, security and parking.

He remained in the role as president through 1999.

After leaving the Kings, he has owned and participated in the development of businesses in the health care, airline transportation and mortgage industries.

Rick joined Fire Recovery USA in 2008 and has made a major contribution to the development of the company’s proprietary software assuring proper financial controls are in place. While his primary responsibility is managing all financial and legal aspects of the company’s operations, he assists in all areas of the company’s business development.

January 2010 – Present
As a member of the Fire Recovery management team Wendy brings with her a significant amount of experience. Her previous experiences uniquely position her to lead our service and processing center. Wendy is an experienced manager specializing in professional billing services and superior customer manager. She is an experienced police dispatcher in a metropolitan agency and knows first hand the difficulties in providing public safety. At Fire Recovery Wendy is responsible for all processing center staff. Wendy manages scheduling and staff performance and insures the office is compliant with all state, OSHA and HIPAA laws and regulations.

Manager – Medical Office
Curts G. Croft, DDS
January 2008 – 2010 (2 years +) Roseville, CA
Responsible for staff schedule and staff performance and ensured the office was compliant with all state, OSHA and HIPAA laws and regulations. Observed and protected patient confidentiality per policies and procedures. Managed business re- cords as well as accounts receivable/payable.

Dispatcher
Sacramento Police Department
January 2004 – 2008 (4 years +) Sacramento, CA
Duties required the ability to effectively communicate, multi-task, evaluate, prioritize and quickly make decisions in extremely critical situations demanding immediate and accurate response while providing a high level of service to the public. Responsible for providing pertinent data in response to requests for information regarding vehicle registration, driving records and warrants. Monitored direct emergency alarms and complex public safety radio frequencies while operating a variety of communications equipment.

EXCEPTIONS
We cannot add fees to invoices that are not associated with the fee schedule.

EXPERIENCE IN PROVIDING SIMILAR SERVICES
Fire Recovery USA, LLC was founded in 2006 and is located in Roseville, California and provides third party billing services to fire and EMS agencies across the United States. In our Roseville office our team specializes in only billing for fire related incidents, fire and life safety inspections and false alarms.

Fire Recovery USA has established and implemented systems for over 1,300 customers in 42 states and we invoice and collect nearly 45,000 inspection invoices annually, for 31 Cities/Fire Departments.

CUSTOMER REFERENCES

REDONDO BEACH FIRE DEPARTMENT
401 S Broadway
Redondo Beach, CA 90277
Contact: Fire Marshal Jason May
310.318-0663 X4346 – [email protected]
Description of Project - Fire and Life Safety Inspection Billing Start Date - December 6, 2017
Overall Collection Rate: 97%

OXNARD FIRE DEPARTMENT
360 W 2nd St
Oxnard, CA 93030
Contact: Fire Marshal Stephen McNaughten
805.385.7720 – [email protected]
Description of Project - Fire and Life Safety Inspection Billing Start Date – November 13, 2017
Overall Collection Rate: 96.8%

CITY OF GREENSBORO
1514 N. Church St.

Greensboro, NC 27405
Contact: Fire Marshal Timothy Henshaw
336.373.2032 - [email protected]
Description of Project - Fire and Life Safety Inspection Billing Start Date July 1, 2020
Overall Collection Rate: 96.21%

CITY OF DURHAM
2008 E. Club Blvd
Durham, NC 27704
Contact: Fire Marshal Jody Morton
919.560.4242 – [email protected]
Description of Project - Fire and Life Safety Inspection Billing Start Date June 1, 2013
Overall Collection Rate: 97.78%

TOWN OF CHAPEL HILL
403 Martin Luther King Jr. Blvd
Chapel Hill, NC 27514
Contact: Deputy Fire Marshal Rob Pruitt
919.968.2781 – [email protected]
Description of Project – Fire and Life Safety Inspection Billing Start Date: September 1, 2015
Overall Collection Rate: 97.49%

TOWN OF DAVIE
6901 Orange Dr
Davie, FL 33314
Contact: Assistant Chief Frank Suriano
954.797.1213 - [email protected]
Description of Project – Fire and Life Safety Inspection Billing Start Date: July 1, 2015
Overall Collection Rate: 92.88%

CITY OF MYRTLE BEACH
921-B Oak St
Myrtle Beach, SC 29577
Contact: Fire Marshal James Clement
843.918.1109 - [email protected]
Description of Project – Fire and Life Safety Inspection Billing Start Date: June 7, 2013
Overall Collection Rate: 97.72%
Additional Fire and Life Safety Inspection Billing Client List North County FPD, CA
El Dorado County FPD, CA
City of South Lake Tahoe, CA
City of Selma FD, CA
Palm Springs Fire Department, CA
Delta Fire Protection District, CA
Arcata Fire Protection District, CA
Newcastle FPD, CA
City of Beverly Hills, CA
Monterey County Fire District, CA
City of El Cajon, CA
City of Morgan Hill (CAL FIRE), CA
Santee Fire Department, CA
Clayton County Fire Department, GA
French Village Fire Department, IL
Harvey Fire Department, IL
Country Club Hills Fire, IL
Morrisville Fire/Rescue Department, NC
Burlington FD, NC
North Lyon County Fire District, NV
Oberlin FD, OH
Murrells Inlet-Garden, SC
Tyler Fire Department, TX
Farmers Branch FD, TX

SECTION 7 - PRICING AND SCOPE

1. Company agrees to bill the responsible party on the City’s behalf for fire inspection services rendered by the City and recorded and processed by Company, as well as any issued permits by the City.

2. Company will provide, as a normal matter of business; processing and invoicing of inspections and permits and submission to the responsible party for payment, receipts of monies deemed due to the City, payments of the agreed upon amounts of said monies to City, and reporting of progress via The Recovery Hub.

3. Company will assist the City to determine a workflow of acceptable process to enter the information in The Recovery Hub for inspections/permits.

4. Company agrees to bill to the best of its ability all inspections and permits provided to Company by the City through The Recovery Hub

5. Company agrees to remit to City the full amount collected for each inspection less a processing fee of Eighteen Dollars and Fifty Cents ($18.50) for each paid inspection and permit invoice. Parties acknowledge a critical component to the success of the billing effort is the acquisition by the City of the necessary contact information for the responsible party at each inspection location to whom the invoice will be sent. The City agrees to obtain, for each business location, the e-mail address and telephone number for the responsible party for payment, inspection type, square footage and, number of units.

6. Company will pass an electronic payment processing fee (convenience fee) of 3% for payments made by E-check or credit card to the consumer paying each invoice.

7. Company agrees to pay the funds due to the City for its inspections and/or permits on a monthly basis.

8. Company agrees to make reports available via The Recovery Hub, a password protected website, for the City which will set forth the status of all inspections and provide an accounting of all payments and amounts due the City under the terms of this Agreement.

9. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections or permits performed by City.

10. Online Training will be conducted at no charge to the City. If on-site training is required a fee of $1,495 would apply. This fee would include any travel and expense. The City’s training of our systems will take around 60 minutes.

CITY OF SAN BUENAVENTURA AND _FIRE RECOVERY USA
AGREEMENT NO. P2021-035
By this General Services Agreement (“Agreement”), the City of San Buenaventura (“CITY”) agrees to engage the services of CONTRACTOR (identified below), and CONTRACTOR agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and CONTRACTOR may be individually referred to as “Party” or collectively as the “Parties.”

1. FEDERAL FUNDING.
 Check this box if the Agreement is funded by a federal grant or cooperative agreement program, either directly or indirectly. If checked, Exhibit D must be included with and applies to this Agreement. (Indirect funding is when the City of San Buenaventura receives federal funding through a source other than the federal government. E.g. the federal government provides funding to the State of California and the State then passes the funding through to a local government entity such as the City of San Buenaventura.) In the event of any contradictions or inconsistencies between Exhibit D and the provisions of the Agreement itself, the terms of Exhibit D shall control.

2. SUMMARY DESCRIPTION OF SERVICES. FIRE DEPARTMENT 3RD PARTY INSPECTION BILLING

3. PARTIES.

CITY OF SAN BUENAVENTURA (“CITY”), a charter city and municipal corporation of the State of California, located at 501 Poli Street, Ventura, CA 93002 Fire Recovery USA, LLC (“CONTRACTOR”), limited liability corporation of the State of California, located at 2271 Lava Ridge Court, Suite 120 Roseville, CA 95661-3065

4. TERM OF AGREEMENT: From: May 1, 2021 (“Effective Date”) To: June 30, 2024 Optional Extension (initial term, plus any option to extend, shall not exceed a total of five (5) years): The City, with the consent of the Contractor, shall have the option for two (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the General Services Agreement.

Any price increases or decreases shall be negotiated at the time of contract extension.

5. AGREEMENT AMOUNT: $Refer to Exhibit “B” Schedule of Compensation

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, CONTRACTOR’s services shall be performed or immediately supervised by the CONTRACTOR’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Joe Morelli Name: Justin Powell
Title: Fire Marshall Title: VP of National Sales
Phone: 805-658-4717 Phone: 916-297-0205
Email: [email protected] Email: [email protected] Mailing Address: Mailing Address (if differs from above):
1425 Dowell Dr., Ventura, CA 93003
ATTACHMENT NO. 3
2 7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be approved as to form by the City Attorney, then executed by the CONTRACTOR, after which the Agreement may be executed by an authorized person on behalf of the CITY.

7.2. A request for modification of the terms herein must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

8. CONTRACTOR'S SERVICES.

CONTRACTOR shall perform/agrees to perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 18 of this Agreement.

9. COMPENSATION.

CITY shall pay CONTRACTOR for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 18 of this Agreement.

10.PAYMENT.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the CONTRACTOR of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

11. COMMENCEMENT OF PERFORMANCE.

CONTRACTOR shall not perform any work under this Agreement until: (i) CONTRACTOR furnishes proof of insurance as required under Section 21 of this Agreement, and (ii) CITY provides CONTRACTOR a signed General Services Agreement, which shall serve as a Notice to Proceed.

All services required of CONTRACTOR under this Agreement shall be completed on or before the end of the term of the Agreement.
3 12. STATUS OF CONTRACTOR.

The Parties agree that CONTRACTOR (and any subcontractors), in performing the services herein specified, shall act as an independent contractor and shall have control of all work for which CONTRACTOR is responsible, and the manner in which it is performed. CONTRACTOR shall be free to contract for similar service to be performed for other employers while under contract with CITY, provided that such work does not create a conflict of interest. CONTRACTOR shall have no right or power to bind the CITY to any contracts or agreements with third parties. CONTRACTOR is not an agent or employee of the CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. However, the CITY retains the right to provide general instructions to and observe the CONTRACTOR in the performance of all services done on behalf of the CITY.

In the event CONTRACTOR or an employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement is determined by a court of competent jurisdiction with the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, protect, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or their employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which might otherwise be deemed the responsibility of the CITY.

13. LAWFUL PERFORMANCE.

CONTRACTOR shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. CONTRACTOR, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

14. SAFETY REQUIREMENTS.

CONTRACTOR shall not perform any services for the CITY when the CONTRACTOR is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to CONTRACTOR when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONTRACTOR's work by CITY shall not operate as a release of the CONTRACTOR from such standard of care and workmanship. 4 15. OWNERSHIP OF CONTRACTOR’S WORK PRODUCT.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by CONTRACTOR in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

15.1. Records and Inspections. The CONTRACTOR shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

15.2. Deliverables. CONTRACTOR shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONTRACTOR shall, upon completion of all work, submit to the CITY all information developed in the course of the CONTRACTOR's services. CONTRACTOR shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONTRACTOR shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONTRACTOR by the CITY.

15.3. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

15.4. Confidentiality. CONTRACTOR may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7) when it is necessary for CONTRACTOR to perform its obligations pursuant to this Agreement. If CONTRACTOR is granted such access to confidential information, CONTRACTOR shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

15.5. Disclosure of Information. CONTRACTOR shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONTRACTOR by the CITY or other information to which the CONTRACTOR has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

16. PCI DSS COMPLIANCE.

In the event CONTRACTOR engages in payment card transactions as a part of the services provided to CITY, CONTRACTOR shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the 5 Term of this Agreement. CONTRACTOR accepts responsibility for the security of CITY’s and/or any customer’s credit card data in its possession.

17. ATTORNEY-IN-FACT
CITY appoints CONTRACTOR as CITY’s attorney-in-fact for the following purposes:
(a) Billing and Collections: To bill and collect (“Collections”) all revenue earned by and due to CITY, in connection with CITY’s provision of inspection and permits, and to receive all Collections on CITY’s behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of CONTRACTOR’s or CITY’s right to collect such amounts; and (b) Endorsement: To take possession of and endorse in CITY’s name any notes, checks, money orders, and any other instruments received as Collections.

18. NON-APPROPRIATION OF FUNDS.

Payments due and payable to CONTRACTOR for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONTRACTOR’s services beyond the current fiscal year, and if no funds are legally available from other sources to lawfully make the payments, this Agreement may be terminated at the end of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the current original or renewal term. The CITY will provide notice of its inability to continue the Agreement at such time as the CITY’s Designated Representative is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the contract.

19. TERMINATION OF AGREEMENT.

At any time, with or without cause, the CITY shall have the right, in its sole discretion, to terminate this Agreement by giving written notice to CONTRACTOR pursuant to Section 31 of this Agreement, and such termination shall be effective 30 days after giving notice. There shall be no period of grace after giving the notice of termination. Upon termination, CITY shall be liable to CONTRACTOR only for work done by CONTRACTOR up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) days’ written notice.

20. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may be extended on a daily, month-tomonth, annual, or other basis by modification pursuant to Section 21 of this Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. 6 21. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the San Buenaventura Municipal Code, sections 4.600.190 and 4.600.200.

22. ASSIGNMENT.

This Agreement is for the non-professional services of CONTRACTOR. Any attempt by CONTRACTOR to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. CONTRACTOR's services pursuant to this Agreement shall be provided by the CONTRACTOR’s Designated Representative or directly under his/her supervision, and CONTRACTOR shall not assign another to supervise the CONTRACTOR's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

23. INDEMNIFICATION & HOLD HARMLESS.

As a separate and independent covenant from CONTRACTOR’s obligations under Section 21 hereof, CONTRACTOR shall indemnify, protect, defend with counsel acceptable to the CITY, and hold CITY and CITY’s officers, employees, agents, and volunteers harmless and free from any and all claims, liabilities, or expenses, including attorney’s fees, arising out of or relating to any negligent act, negligent omission, or wrongful conduct related in any way to CONTRACTOR’s performance of its services pursuant to this Agreement. In the event CITY and/or any of CITY’s officers, employees, agents, or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission, or wrongful conduct, CONTRACTOR shall indemnify them for any judgment rendered against them for such negligent act, negligent omission, or wrongful act, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including but not limited to attorney’s fees.

CONTRACTOR also understands and agrees that it is being employed to perform the services provided for by this Agreement because of CONTRACTOR’s professed expertise and experience in performing such services. In addition, CONTRACTOR understands and agrees that while CITY or CITY’s officers, employees, agents, or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONTRACTOR pursuant to this Agreement except as otherwise expressly provided for by this Agreement. As a consequence, CONTRACTOR waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONTRACTOR pursuant to this Agreement.

The CONTRACTOR’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

24. INSURANCE.

Prior to commencing the services required by this Agreement, and at all other times this Agreement remains in effect, the CONTRACTOR shall procure and maintain in full force and effect 7 all of the insurance required by Exhibit “C,” attached hereto and incorporated herein by this reference.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONTRACTOR understands and agrees that if Living Wages are applicable subject to the provisions of Chapter 2.525 of the San Buenaventura Municipal Code (the “Code”) entitled, “Living Wages and Benefits for City Services” (a copy of which is available upon request), CONTRACTOR will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing rates of wages as designated for Ventura County for on-site work and delivery of materials shall apply to public works construction projects over $25,000 and projects for alteration, demolition, repair, or maintenance work over $15,000. Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR). To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Ventura’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. PLEASE NOTE, with respect to Federal contracts, other requirements may apply, in which case, the highest of the federal Prevailing Wage, state Prevailing Wage and local Living Wage prevails.

27. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by CONTRACTOR shall be construed to be both a covenant and a condition.

28. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other Party. The Party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party 8 within fifteen (15) days from the date on which the Party received notice of breach, the nonbreaching Party may terminate this Agreement.

29. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONTRACTOR under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONTRACTOR’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the CONTRACTOR. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONTRACTOR requests mediation within ten (10) calendar days. Pending final decision of a dispute, the CONTRACTOR shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process.

The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) days, unless the maximum time is extended in writing by both Parties.

32. TAXPAYER IDENTIFICATION NUMBER.

CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification as issued by the Internal Revenue Service.

33. USE OF THE TERM “CITY.”
Reference to “CITY” in this Agreement includes the CITY, its City Manager, or any authorized representative acting on behalf of the CITY.

34. NOTICES.
9 All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 5. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

35. FORCE MAJEURE.

Neither the CONTRACTOR nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the 10 Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

By signing below, CONTRACTOR acknowledges that it has reviewed the CITY’s General Services Agreement terms and conditions and insurance requirements and that CONTRACTOR hereby agrees to full compliance.

Signatures Follow
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Name: Rick Bertrler
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Name: David Endaya
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12 EXHIBIT A

GENERAL SERVICE AGREEMENT
(City of San Buenaventura and Fire Recovery USA)

SCOPE OF SERVICES
In accordance with Fire Recovery USA Request for Proposal No. P-130000622.

Perform Address Confirmation using the USPS address validation tools to ensure invoices are delivered accurately and reliably. Any billable address issues are identified prior to mailing.

Process all invoices the same or following business day from the time the billing data is received from the City.

Mail or Email the Invoice – email delivery of invoices to your customer results in an average payment being received in 18 days. If an email address is unavailable or if it is not delivered, we will mail the invoice using USPS First Class Mail.

Cross Check System data with your Standard Practices to assure your invoice is billed in accordance with your standard practices. Any abnormalities are brought to your administrator’s attention for confirmation and/or adjustment.

Account Tracking/Aging – Our system will track the invoice and all activities on this invoice from the day it is received until the day it is paid. The system provides 100% transparency to our clients so they can see the detailed status of any invoice in our system.

Log all Customer contact – Our system allows the City to see any contact with your customer by date and time. All communications are logged, date and time stamped with detail regarding the contact or action on the account.

Confirm Receipt – 10 Days after mailing or emailing the invoice we will confirm receipt with the account to affirm receipt and to answer questions or clarify details of the invoice.

We stimulate resolution of questions and prompt payment of invoices.

Send a reminder email within 15 days from invoice date as a reminder that payment has not been received.

Send a reminder email within 15 days from invoice date as a reminder that payment has not been received.

Provide late notice or billing of subsequent late fee, if required, 30 days after invoice date.
13 Provide online portal for accepting payments via credit card or e-check.

Provide an online help desk and ticketing system to ensure communications for accounts are tracked and prompted for immediate resolution. This system notifies the City of the question we need assistance with and logs the question and response to assure we provide the proper resolution to questions and issues. It further prompts our staff for follow up on open issues, which are unresolved to assure prompt resolution. All contacts and communications are logged and retained for future reference.

Receive and process all payments in our offices and deposit all monies into the City’s bank account nightly, unless other arrangements are agreed upon with the City.

Promptly post all payments the day they are received for prompt recording and credit to your account.

Any delinquent accounts will be handled in a manner acceptable to the City. Each customer has a different approach for handling delinquent accounts, however if Fire Recovery feels an account is collectible, we will exhaust all efforts before providing the account back to the City or to collections, whichever is appropriate to the City.

Provide ALL Accounting and Account Reconciliation – We provide all accounting and audit trail necessary for the City thus reducing the need for internal functions other than to confirm our Monthly Reporting and Audit of payments. This is a major advantage over our competition and significant cost savings for the City. This includes Income and Expense, Adjustments and Accounts Receivable reports.

Provide all front-line customer service to your businesses via telephone and email to answer general and specific questions regarding invoices, basis for billing, and payment status. We provide W-9’s as requested.

Any customer complaints will be handled through our JitBit Help Desk ticketing system so that all inquiries/complaints and documented and handle appropriately. If the City has a specific dispute resolution policy, Fire Recovery will follow that policy.

Most Importantly we will provide consistent and repetitive business support for the City.

We pride ourselves on timeliness, detail, and consistency. Through this approach, we become an effortless key piece of your business process. All with Best Practices and a full audit trail for the City.

All billing data and customer contacts are 100% transparent and available in real time 24/7 to the end to the end user through the secure Recovery Hub portal (www.therecoveryhub.com)
14 B. Cashing Procedure
We will provide an online portal for accepting payments via credit card or e-check.

We will pass an electronic payment processing fees (convenience fee) of 3% for payments made by E-check or credit card to the consumer paying each invoice.

We will pay the funds due to the City for its inspections and/or permits on a monthly basis.

C. Customer Service
Customer Service is a key component in Fire Recovery’s success and has directly led to our industry-leading achievement. Customer service is stressed as a vital factor that makes us different from our competitors.

Each piece of correspondence sent to residents and businesses in your community will include phone numbers and email addresses that can be used to contact Fire Recovery USA. We respond to each contact as soon as possible, but never more than one business day after contact. If the contact has a question our staff cannot answer we have a “Ticketing System” whereby we contact a City employee, as designated by the City, who will answer the question by email and Fire Recovery will contact the person with the response. Fire Recovery USA has successfully employed this system with our existing client base. The system allows each question or problem to be tracked until its resolution and helps assure no open items are lost or overlooked at they remain open until completion. Our clients also appreciate this system as they are not subject to numerous phone calls from our staff and they can respond to open issues by email through the “Ticketing System” as time allows within their work schedule.

As part of his or her training, each employee of Fire Recovery USA is versed in the importance of customer service. They are required to maintain a courteous, businesslike demeanor in all contact and correspondence with our clients and their constituents.

Fire Recovery USA’s ownership and management believe in modeling our commitment to high-level customer service. Employees are our “customers” and need a regular demonstration of appreciation. We strive to maintain a family atmosphere in our office environment while continually encouraging our employees to reach higher levels of achievement through further evaluation and testing, as well as incentive programs to encourage success and managerial thinking.

D. Reporting:

All billing data and customer contacts are 100% transparent and available in real time 24/7 to the end to the end user through the secure RecoveryHub portal (www.therecoveryhub.com).

Your administrative team will have access to the RecoveryHub from any computer with internet access and see REAL-TIME data and reports, 24/7. This fully transparent system will allow you to see every contact and phone call we’ve made, the status of the bill, and track and reconcile every payment we’ve received. Each step in our process is visible to you, the end user, so you always know the status of your recovery efforts. 15 EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of San Buenaventura and Fire Recovery USA)

SCHEDULE OF COMPENSATION

PRICING AND SCOPE
Invoice all the commercial/industrial/multi-family/state mandated and other inspections (with the exception of defensible space inspections as noted below) in accordance with our response in the RFP for a fee of $18.50 plus a 3% credit card fee for electronic payments on each invoice collected. We will bill per the City’s approved Fee Schedule, as provided to Fire Recovery USA; we can also bill for additional services in the future (as approved with fee schedule changes). We will also add a billing/administrative fee for each invoice if approved and allowed per the City’s fee schedule. A 7% technology fee will also be added to each invoice per the City’s approved fee schedule.

Invoice for the defensible space inspections for a fee of $16.50 plus a 3% credit card fee for electronic payments on each invoice collected. Each defensible space invoice we create will include an initial invoice, a reminder invoice, and a delinquent invoice. We will state in the delinquent invoice that if unpaid the fees may be turned over to a collection agency to help increase the collection rates of these invoices. Because we do not have any contact information such as email addresses or phone numbers, we are relying only on mail to help collect these invoices, therefore we cannot accept a fee less than $16.50. If the City would like, a late fee could be applied to these subject to the City approved fee schedule.

1. Company agrees to bill the responsible party on the City’s behalf for fire and inspection services rendered by the City and recorded and processed by Company, as well as any issued permits by the City.

2. Company will provide, as a normal matter of business; processing and invoicing of inspections and permits and submission to the responsible party for payment, receipts of monies deemed due to the City, payments of the agreed upon amounts of said monies to City, and reporting of progress via The Recovery Hub.

3. Company will assist the City to determine a workflow of acceptable process to enter the information in The Recovery Hub for inspections/permits.

4. Company agrees to bill to the best of its ability all inspections and permits provided to Company by the City through The Recovery Hub

5. Company agrees to remit to City the full amount collected for each commercial/industrial/multifamily/state mandated and other inspections (with the exception of defensible space inspections as noted below) inspection less a processing fee of Eighteen Dollars and Fifty Cents ($18.50) for each paid inspection and
16 permit invoice. Company agrees to remit to City the full amount collected for each fire hazard reduction inspection (also referred to as defensible space inspection) inspection less a processing fee of Eighteen Dollars and Fifty Cents ($18.50) for each paid inspection and permit invoice. Parties acknowledge a critical component to the success of the billing effort is the acquisition by the City of the necessary contact information for the responsible party at each inspection location to whom the invoice will be sent. The City agrees to obtain, for each business location, the e-mail address (when available to the City) and telephone number for the responsible party for payment, inspection type, square footage (where needed for billing) and number of units. If an email address is not available, invoices will be mailed to the responsible party via USPS First Class mail. If an email address is not available we will mail all invoices via USPS First Class mail. We do encourage users to collect email addresses as it enhances the delivery of the invoices and in turn revenue to the City, but we will mail invoices without email addresses.

6. Company will pass an electronic payment processing fee (convenience fee) of 3% for payments made by E-check or credit card to the consumer paying each invoice.

7. Company agrees to pay the funds due to the City for its inspections and/or permits on a monthly basis.

8. Company agrees to make reports available via The Recovery Hub, a password protected website, for the City which will set forth the status of all inspections and provide an accounting of all payments and amounts due the City under the terms of this Agreement.

9. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections or permits performed by City.

10. Online Training will be conducted at no charge to the City. If on-site training is required a fee of $1,495 would apply. This fee would include any travel and expense. The City’s training of our systems will take around 60 minutes.
17 EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of San Buenaventura and Fire Recovery USA)

INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/CONTRACTOR/SELLER/BIDDER (hereafter referred to as “Contractor”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

1. Coverage Types and Limits
a) Commercial General Liability (ISO CGL CG 00 01) - including coverage for bodilyinjury, property damage, products & completed operations, and personal injury arising from the contractor’s activities.

Commercial General Liability (CGL) per Occurrence
Commercial General Liability Aggregate or Combined Single Limit (CSL)
$2 million
$4 million
b) Auto Liability for owned, hired, and non-owned vehicles per Occurrence(or non-owned & hired if contractor has no autos).

Auto Liability Aggregate or Combined Single Limit
$1 million
c) Worker's Compensation with a Waiver of Subrogation in favor of the City Employer's Liability
$ 1million
d) Crime/Employee Dishonesty Policy
The Crime policy shall name The City of San Buenaventura as Loss Payee. Pertainsto IT and Financial contracts. Contact Risk Manager for specific requirements.
$2 million
f) Cyber Liability Policy with Network Security/Data Privacy Coverage Pertains to contracts with IT component. Contact Risk Manager for specific requirements.
$2 million
g) Technology E&O/Technology Professional Liability
Contact Risk Manager for specific r equirements.
$2 million
18 2. Insurance Policy Provisions, Endorsements, and other Requirements Contractor agrees to comply with the following additional requirements with respect to the insurance:
a) Liability Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any officer, employee, agent, or volunteer of City. Assuch, a Primary and Non-Contributory Endorsement (with coverage at least as broad as ISO CG 2001 04 13) is required on all liability policies.
b) Contractor waives its right of subrogation against the City. As such, a Waiver of Subrogation Endorsement is required on the Contractor's Worker's Compensation policy.
c) A "Blanket" Additional Insured Endorsement (a/k/a "automatic additional insured endorsement"), attached to the Commercial General Liability policy covering premises liability, ongoing operations, product liability, and completed operations is required. If a "Blanket" endorsement is not available, Contractor may submit a combination of the following endorsements:

An Additional Insured Endorsement covering Premises and Ongoing Operations CG 20 10 04 13 or itsequivalent (CG 20 26, CG 20 33, or CG 20 38) AND
and Additional Insured Endorsement covering Completed
Operations CG 20 37 04 13.
d) Insurance Policies must be issued by an insurance company licensed to do business in the State ofCalifornia with an AM Best rating of not less than A:VII.
e) Each insurance policy required above shall provide that coverage shall not be canceled except with 30days’ notice to the City.
f) The Description section of the Certificate must include the following language:

The City of San Buenaventura, its officers, officials, agents, employees and volunteers shall be named as anadditional insured under the General Liability and Auto Liability policies. All Liability policies are primary and Non-Contributory. Waiver of Subrogation applies to the Worker’s Compensation policy. 30 day notice of cancellation will be provided to the Certificate Holder. g) A Certificate of Insurance must include the following language in the Certificate Holder section:
19 City of San Buenaventura, its officers, officials, agents, employees and volunteers
501 Poli Street
Ventura, CA 93002
h) Contractor will provide proof that policies of insurance required herein expiring during the term of thisAgreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be submitted to the City within 10 days of renewal.
i) Contractor shall provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance and any required endorsements evidencing all of the coverages required. Anyfailure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any other additional insured in this or any other regard. j) Contractor shall ensure that coverage provided to meet these requirements is applicable separately toeach insured, and that there will be no cross liability exclusions that preclude coverage for any legal action between Contractor and City, between Contractor and any other named insureds or additional insureds under the insurance policy, or between City and any party associated with City or City’s officers, officials, employees, agents, or volunteers.
k) Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. There shall be no cross liability exclusion and no Contractor limitation endorsement. In addition, there shall beno endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or employment-related practices, except for a provision or endorsement limiting liability arising from pollution to liability caused by sudden or accidental pollution.
l) Any umbrella liability insurance over primary insurance provided to meet primary limits shall apply to bodily injury, personal injury, and property damage, at a minimum. Coverage shall be as broad as any required underlying primary coverage and shall include a “drop down” provision providing primary coverage for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be provided with defense costs payable in addition to policy limits. Coverage shall have starting and ending dates concurrent with the underlying coverage.
20 m) Coverage shall be written on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made” basis, Contractor shall continue tomaintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated. Such insurance shall have the same coverage and limits as the policy that was in effect duringthe term of this Agreement, and shall cover Contractor for all claims made by City arising out of any errors or omissions of Contractor, or the officers, employees or agents of Contractor during the time thisAgreement was in effect.
n) Contractor shall require all sub-contractors or other parties hired by Contractor to perform any part of the services required by this Agreement to purchase and maintain all of the insurance specified above and submit evidence of all such insurance. Contractor shall obtain certificates evidencing such coverageand make reasonable efforts to ensure that such coverage is provided as required herein.
o) No contract used by any Contractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. When requested, Contractor shall provide City with all agreements with sub-Contractors or others with whom Contractor contracts on behalf of City, and with all certificates of insurance obtained in compliance with this paragraph. Failure ofCity to request copies of such documents will not impose any liability on City, or its employees. p) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right, but not the duty, to obtain the insuranceit deems necessary to meet the requirements of this Agreement, and any premium paid by City for such insurance will be promptly reimbursed by Contractor, or, if not promptly reimbursed, deducted from anycompensation to be paid by City to Contractor pursuant to this Agreement.
q) 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 and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Coverage shall not be limited to the specific location, individual, or entity designated as the addressof the project or services provided for by this Agreement. Insurance coverage limits are 21 subject to changebased on the unique liability associated with each project over and above standard coverage limits at thediscretion of the City's Risk Manager or their designee.
r) Contractor shall provide immediate notice to City of any claim against Contractor or any loss involvingContractor that could result in City or any of City’s officers, employees, agents, or volunteers being named as a defendant in any litigation arising out of such claim or loss. City shall not incur any obligation or liability by reason of the receipt of such notice. However, City shall have the right, but notthe duty, to monitor the handling of any such claim or loss that is likely to involve City.
s) In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor will be personally responsible for any and all losses, claims, suits, damages, defense obligations, and liability of any kind attributed to City, or City’s officers, employees, agents, or volunteers as a result of such failure.

Please note:
t) Automobile Liability insurance is not required if the Vendor and its employees does NO traveling in providing services for completion of the Agreement (e.g. telecommuting). If the Vendor has employees but no vehicles registered to the business (personal vehicles only), the non-owned and hired automobileliability coverage should be included in the Vendor's Commercial Auto Liability policy
u) Workers Compensation insurance is not required if the Contractor is a sole proprietor/partner/corporateofficer with no employees. Otherwise, Worker’s Compensation is required under CA Labor Code Section 3700. A Workers Compensation Insurance Waiver is required stating Contractor is a sole proprietor/partner/corporate officer with no employees. This waiver is to be included with the other submitted documents.
v) Professional Liability may be required for the following types of contractors.

These are only examples andnot an all-inclusive list. Contact Risk Manager for clarification and requirements.

Examples:

Appraisers, notaries, imaging of records, EOC plan, Fair Housing assessments, trainers
Chemists, auditors, insurance agents and brokers, lawyers, laboratories, surveyors, building inspectors,traffic engineering services. 22 Ambulance services, actuaries, counselors, medical providers. Also includes engineers, architects, construction managers, hazardous materials evaluators, environmental impact evaluators. All IT related projects, contractors and consultants.
w) Cyber Liability and Network Security/Data Privacy Coverage and Technology E&O/Technology Professional Liability coverage may be required in agreements that have an IT or data component. Contact Risk Manager for clarification and requirements.

CA-2845 1 of 2
FIRST AMENDMENT TO GENERAL SERVICES AGREEMENT NO. P2021-035

BETWEEN THE CITY OF SAN BUENAVENTURA AND FIRE RECOVERY USA, LLC This First Amendment (“Amendment”) to General Services Agreement No. P2021- 035 (“Agreement”) is made and entered, effective on June 1, 2025, by and between the City of San Buenaventura, a California charter law municipal corporation (“City”), and Fire Recovery USA, LLC, a California limited liability company (“Contractor”), collectively “the Parties”.

Whereas, the Parties entered into the original Agreement on or about April 26, 2021, where Contractor agreed to provide Fire Department with third party inspection billing services in accordance with Request for Proposal number P-130000622 through June 30, 2024; and
Whereas, the Parties now desire to extend the term of the Agreement and update the City’s Designated Representative.

Now, therefore, pursuant to Paragraphs 18 and 19 of the Agreement, “OPTION TO EXTEND AGREEMENT” and “MODIFICATION OF AGREEMENT,” respectively, the Agreement is amended as follows:

1. Section 4 of the Agreement, “TERM OF AGREEMENT,” is replaced in its entirety and amended to read as follows:
“4. TERM OF AGREEMENT: From May 1, 2021 To: April 30, 2026”

2. Section 6 of the Agreement, “DESIGNATED REPRESENTATIVES,” is replaced in its entirety and amended to read as follows:
“6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement.

Additionally, CONTRACTOR’s services shall be performed or immediately supervised by the CONTRACTOR’s Representative:

City Designated Representative: Consultant Designated Representative:

Name: Brett Reed Name: Justin Powell
Title: Fire Marshall Title: VP of National Sales
Phone: (805) 658-4717 Phone: (916) 297-0205
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1425 Dowell Dr., Ventura CA 93003”
ATTACHMENT NO. 4
CA-2845 2 of 2
By: 05/23/2025
Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

In witness whereof, the Parties have executed this First Amendment on the last date signed.

FIRE RECOVERY USA, LLC
Rick Benner
By:Rick Benner (May 23, 2025 09:05 PDT)
Rick Benner Date
Chief Financial Officer
M. Craig Nagler
M. Craig Nagler (May 23, 2025 09:35 PDT)
M. Craig Nagler Date
Manager Chief Executive Officer

CITY OF SAN BUENAVENTURA
05/23/2025
By: David Endaya (May 23, 2025 14:30 PDT)
David Endaya Date
Fire Chief

APPROVED AS TO FORM
Javan N. Rad, City Attorney
Yesania Anderson
By: Yesania Anderson (May 22, 2025 17:21 PDT)
Yesania Anderson
Assistant City Attorney I
05/23/2025
1 Fire Recovery USA, LLC
Form Revised October 2024

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF WEST COVINA
AND

FIRE RECOVERY USA, LLC
FOR

INSPECTION AND PERMIT BILLING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of July 1, 2025 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and FIRE RECOVERY USA, LLC, a California limited liability company (“Contractor”).

RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to provide inspection and billing services, as more fully described herein; and B. Contractor represents that it has that degree of specialized expertise necessary and holds all necessary licenses to practice and perform the services herein contemplated; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein. (a) Billing and Collections. Contractor will bill and collect all revenue earned and due to City (“Collections”) in connection with City’s provision of inspection and permit services provided/rendered as set forth in Exhibit “A,” and receive all Collections on City’s behalf and may sue for and give satisfaction for monies due on account and withdraw any claims, suits, or proceedings pertaining to or arising out of City’s or Contractor’s right to collect to such amounts; provided, however, that Contractor may not take legal action to collect fees without the prior written permission of City. (b) Contact Information for Responsible Parties. City and Contractor acknowledge a critical component to the success of the billing effort is the acquisition by the City of the necessary contact information for the responsible party at each inspection location to whom the invoice will be sent. The City agrees to obtain, for each business location, the e-mail address (when available to the City) and telephone number for the ATTACHMENT NO. 5
2 Fire Recovery USA, LLC
Form Revised October 2024
responsible party for payment, inspection type, square footage (where needed for billing) and number of units. If an email address is not available, Contractor will mail the invoice to the responsible party via USPS First Class mail.
(c) Endorsement. Contractor may take possession of and endorse in City’s name any notes, money orders, and any other instruments received as Collections.
(d) Payment. On or before the 7th day of each month, Contractor will issue a check to the City for all payments received prior to the previous month’s cut-off date (typically the 24th of the month), minus Contractor’s collection fee as set forth herein. Contractor will provide with the monthly payment an itemized statement detailing the inspections and/or permits the check is paid against.

1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of Contractor to comply with this section.

1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive 3 Fire Recovery USA, LLC
Form Revised October 2024
health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.

1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Contractor at a rate of Eighteen Dollars and Fifteen Cents ($18.50) for each invoice paid. Contractor will deduct its fees from the amount issued to the City each month pursuant to Section 1.1(d) of this Agreement.

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Service specified herein unless the City, prior to Contractor performing the additional services, approves such additional services in writing, memorialized in a written amendment to this Agreement. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to by the 4 Fire Recovery USA, LLC
Form Revised October 2024
parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and Contractor. Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on June 30, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should:
(a) Be adjudged bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record 5 Fire Recovery USA, LLC
Form Revised October 2024
for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection 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 ($1,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Contractor shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, 6 Fire Recovery USA, LLC
Form Revised October 2024
and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section.
(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, 7 Fire Recovery USA, LLC
Form Revised October 2024
except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor shall make available the professional services of Justin Powell, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) one (1) business day after the Email is sent if such communication is sent by Email, provided that no delivery failure notification has been received; and (c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. 8 Fire Recovery USA, LLC
Form Revised October 2024
IF TO CONTRACTOR: IF TO CITY:

Fire Recovery USA
2271 Lava Ridge Court, Suite 120
Roseville, CA 95661
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (888) 640-7222 Tel: (626) 939-8830
Email: [email protected]
Attn: Craig Nagler
Email: [email protected]
Attn: Mike Browne

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, and hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. 9 Fire Recovery USA, LLC
Form Revised October 2024
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the 10 Fire Recovery USA, LLC
Form Revised October 2024
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.

Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to California Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.15. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
11 Fire Recovery USA, LLC
Form Revised October 2024

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other Contractors for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.27. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Craig Nagler
Chief Executive Officer
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Maria-Luisa Olea
Risk Management

EXHIBIT A

SCOPE OF SERVICES

1. Contractor will bill the responsible party on the City’s behalf for fire inspection services and/or permits issued by the City. Contractor will bill per the City’s approved fee schedule, as provided to Contractor by City. The inspection and/or permit fees may change over time due to updates to the City’s fee schedule. City will provide notice to Contractor of changes to its fee schedule.

2. Contractor will provide, as a normal matter of business, processing and invoicing of inspections and/or permits and submission to the responsible party for payment, receipt of monies deemed due to the City, payments of the agreed upon amounts of said monies to City, and reporting of progress via The Recovery Hub.

3. Contractor will ensure each City user has access to The Recovery Hub software and will provide ongoing training and support to the City in the use of the software and Contractor’s systems.

4. Contractor will assist the City to determine the workflow of acceptable process to enter the information in The Recovery Hub for inspections/permits.

5. Contractor will bill to the best of its ability all inspections and/or permits provided to Contractor by the City through The Recovery Hub.

6. Contractor will not begin litigation against a person or entity without prior written approval by the City.

7. Contractor will remit to City the full amount collected for each inspection and permit less a processing fee of Eighteen Dollars and Fifty Cents ($18.50) for each paid inspection and permit invoice.

8. Contractor will pass an electronic payment processing fee (convenience fee) of 3% for payments made by E-check or credit card to the consumer paying each invoice.

9. Contractor will pay the funds due to the City for its inspections and/or permits on a monthly basis, within seven (7) working days after the close and accounting of the monthly billing cycle.

10. Contractor agrees to make reports available via The Recovery Hub, a password protected website, for the City which will set forth the status of all inspections and/or permits and provide an accounting of all payments and amounts due the City under the terms of the Agreement.

11. Contractor will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections or permits performed by City.

12. City will, to the extent it deems appropriate and necessary, expend the resources and take the required actions to obtain payment for all invoices that remain unpaid after 60 days of the invoice date and arrange for those payments to be forwarded to Contractor for processing.

AGENDA ITEM NO. 8

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: July 1, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 2532 UPDATING FIRE

HAZARD SEVERITY ZONES (FHSZ) WITHIN WEST COVINA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 51178 AND THE CALIFORNIA FIRE CODE
RECOMMENDATION:

It is recommended that the City Council introduce the following Ordinance:

ORDINANCE NO. 2532 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES AND FINDING THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION)
BACKGROUND:

Pursuant to State law, the California Department of Forestry and Fire Protection (CAL FIRE) – Office of the State Fire Marshal periodically updates fire hazard severity zone maps for Local Responsibility Areas (LRAs) throughout the State. These maps identify varying levels of fire hazard (Moderate, High, and Very High) based on factors including vegetation, topography, weather, crown fire potential, fire history and ember production and movement. State law requires local jurisdictions to designate fire hazard severity zones within their boundaries by ordinance to ensure proper implementation of associated building standards and fire safety requirements in identified hazard zones.

DISCUSSION:

CAL FIRE completed its latest assessment and released a map identifying fire hazard severity zones within the City of West Covina on March 24, 2025. The City made the map and information regarding fire hazard severity zones available on the City website
www.westcovina.org/departments/fire/disaster-preparedness. Since the last publication of the fire hazard severity zone maps in 2011, the hazard classifications for the City of West Covina have been significantly revised. In 2011, 1,136 acres were designated as Very High Hazard. Based on the updated 2025 maps, the revised classifications are as follows: 47 acres fall under Very High Hazard, 862 acres are classified as High Hazard, and 233 acres are designated as Moderate Hazard. The map showing the fire hazard severity zones within the City’s boundaries is included as Exhibit A to the proposed ordinance.

Pursuant to State law, the City is required to designate the fire hazard severity zones by ordinance within 120 days of receiving recommendations from CAL FIRE.

Staff recommends that the City Council introduce the proposed ordinance.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Mike Browne, Acting Fire Chief
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

The recommended action has no direct fiscal impact to the City of West Covina.

Attachments
Attachment No. 1 - Ordinance No. 2532
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Well-Planned Community
Enhance City Image and Effectiveness
ATTACHMENT NO. 1
ORDINANCE NO. 2532

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, DESIGNATING FIRE

HAZARD SEVERITY ZONES AND FINDING THE

ORDINANCE IS EXEMPT FROM ENVIRONMENTAL

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE

EXEMPTION)
The City Council of the City of West Coving hereby finds and declares as follows:

WHEREAS, in California Government Code Section 51175(a), the Legislature has declared: “Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety”; and WHEREAS, pursuant to California Government Code Section 51178, the State Fire Marshal is required to identify areas in the State as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas; and WHEREAS, pursuant to California Government Code Section 51178.5, within 30 days after receiving a transmittal from the State Fire Marshal that identifies Fire Hazard Severity Zones, the City is required to make the information available for public review and comment in a format that is understandable and accessible to the general public, including, but not limited to, maps; and
WHEREAS, pursuant to California Government Code Section 51179(a), the City is required to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction, within 120 days of receiving recommendations from the State Fire Marshal pursuant to California Government Code Section 51178; and WHEREAS, the State Fire Marshal released a map identifying Fire Hazard Severity Zones in the City on March 24, 2025; and
WHEREAS, the City made the map and information regarding Fire Hazard Severity Zones available for public review and comment on its website; and WHEREAS, the West Covina Fire Department has reviewed the map and believes it accurately represents the Moderate, High, and Very High Fire Hazard Severity Zones in the City; and
WHEREAS, the City Council considered all public input regarding the map at a regular meeting on July 1, 2025; and
WHEREAS, the City Council desires to designate the Fire Hazard Severity Zones as recommended by the State Fire Marshal; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Designation of Fire Hazard Severity Zones. The City Council hereby designates the Fire Hazard Severity Zones as recommended by the State Fire Marshal pursuant to California Government Code Section 51178, as depicted in the map entitled “City of West Covina-Los Angeles County Local Responsibility Area Fire Hazard Severity Zones” published by the State Fire Marshal on March 24, 2025. The map is attached hereto as Exhibit “A” and incorporated herein. The map shall be made electronically available on the City’s website.

SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

SECTION 4. Inconsistencies. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 6. Uncodified Ordinance. This Ordinance shall not be codified in the West Covina Municipal Code unless and until the City Council so ordains.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in as required by law.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 9. Transmittal to Board of Forestry and Fire Protection. The Fire Department shall transmit a copy of this Ordinance to the Board of Forestry and Fire Protection within 30 days of adoption as required by California Government Code Section 51179(c).

SECTION 10. Posting at County Agencies. The Fire Department shall cause a notice to be posted at the Office of the County Recorder, County Assessor, and County Planning Agency identifying the location of the map as required by California Government Code Section 51179(g).

PASSED, APPROVED AND ADOPTED this _____ day of ________, 2025. ____________________________
Tony Wu
Mayor

APPROVED AS TO FORM ATTEST
____________________________ _____________________________ Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2532 was introduced at a regular meeting of the City Council held on the 1st day of July, 2025, and adopted at a regular meeting of the City Council on the ____ day of ______, 2025 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Lisa Sherrick, CMC
Assistant City Clerk

EXHIBIT A
MAP

AGENDA ITEM NO. 9

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: July 1, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING TO

CONSIDER THE ISSUANCE OF TAX-EXEMPT BONDS FOR EMANATE HEALTH

QUEEN OF THE VALLEY HOSPITAL
RECOMMENDATION:

It is recommended that the City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Emanate Health .

2. Adopt the following Resolution:

RESOLUTION NO. 2025-42 - A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY

THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY NOT TO EXCEED $90,000,000, FOR THE BENEFIT OF EMANATE HEALTH, TO FINANCE AND/OR

REFINANCE CAPITAL PROJECTS WITH RESPECT TO CERTAIN HEALTHCARE FACILITIES

LOCATED IN THE CITY OF WEST COVINA
BACKGROUND:

The California Statewide Communities Development Authority (CSCDA) was created in 1988, under California’s Joint Exercise of Powers Act, to provide California’s local governments with an effective tool for the timely financing of community-based public benefit projects. More than 500 cities, counties and special districts, including the City of West Covina, have become Program Participants to CSCDA – which serves as a conduit issuer and provides access to an efficient mechanism to finance locally-approved projects. CSCDA helps local governments build community infrastructure, provide affordable housing, create jobs, make access available to quality healthcare and education, and more.

CSCDA provides an important resource to local government members.

CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California.  CSCDA is comprised of more than 530 members, including the City of West Covina.  CSCDA has issued more than $70 billion through 1,600 plus financings since 1988.

CSCDA has requested that the City conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) public CSCDA has requested that the City conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing for the issuance of up to $90 million in tax-exempt bonds, of which $74 million will be used for the financing of Emanate Health (Emanate) facilities in West Covina.  The remainder of the bonds will be used by Emanate or one of its affiliates to finance or refinance projects located in the City of Covina and the City of Glendora. The West Covina facility is Emanate Health Queen of the Valley Hospital Campus (Queen of the Valley) located at 1115 S. Sunset Avenue.

In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City of West Covina, as the governmental unit having jurisdiction over the area in which the facility is located, must conduct a TEFRA hearing. The TEFRA hearing is intended to provide members of the community an opportunity to speak on behalf of or against the use of tax-exempt bonds for the financing of the project.

Once the TEFRA hearing has been conducted, an "applicable elected representative" of the governmental unit hosting the proposed project must provide its approval of the issuance of the bonds for the financing of the project. The City Council, as the elected legislative body of the City, is an applicable elected representative.

DISCUSSION:

Emanate is seeking tax-exempt bonds in a principal amount not to exceed $74 million for three facilities in West Covina. Since the facilities to be financed are located within the jurisdiction of the City of West Covina, the City has been asked to conduct a TEFRA hearing and adopt a resolution that approves the issuance of the bonds for the benefit of Emanate (Attachment 1).

Emanate will utilize the bonds for the expansion of Queen of the Valley Hospital. The City approved the Specific Plan on November 5, 2019. Proceeds of the financing will be used for the Queen of the Valley Hospital’s expansion of its Emergency Department and Intensive Care Unit, Cancer Center Building, and Primary Care and OBGYN Clinics. A summary of each facility is outlined below:

1115 South Sunset Avenue, West Covina, CA 91790

Emergency Department and Intensive Care Unit. Currently in-progress construction project of Queen of Valley Hospital Emergency Department and Intensive Care Unit, which is designed as a two-story 60,000 square foot building. The building is expected to include a 60-bed emergency department and a 24-bed intensive care unit and related support space.

The building is in its final phase of completion, and the anticipated occupancy for patient services is Q1 of 2026.

Equipment and Installation. This is an equipment and installation project at Queen of Valley Hospital. The Philips Azurion B20/15 system is designed to enhance treatment capabilities and support more effective device guidance and placement in neuro and cardio/cardio-vascular interventions. This is designed around a single, standardized hardware and software platform that can be upgraded and expanded as new needs arise or requirements change. Its architecture is made to easily integrate with third-party applications and devices. A new workflow approach aims to support interventional teams in carrying out more procedures for more patients, more consistently and efficiently with great ease of use.

Medication and Anesthesia Automated Dispensing Equipment. This project involves system-wide upgrades to medication and anesthesia dispensing equipment. Specifically, Omnicell is used as an automated medication dispensing system in hospitals to improve efficiency and reduce errors in medication management. It automates tasks like dispensing efficiency and reduce errors in medication management. It automates tasks like dispensing medications, managing inventory, and tracking usage, allowing pharmacists and nurses to focus on patient care. Automated Dispensing Cabinets provide visibility of stock to prevent overstocking, waste, stock outs, automatic restock based on defined triggers. Omnicell's Digital Ecosystem delivers data intelligence with descriptive (MedXpert) and predictive and prescriptive (Insights) analytics.

1115A South Sunset Avenue, West Covina, CA 91790

Cancer Center Building. Currently in-progress projects at the Cancer Center Building at Queen of Valley Hospital, including equipment-related projects.

1135 South Sunset Avenue, West Covina, CA 91790

3rd Floor Expansion. This project involves improvements for the expansion of the Primary Care Clinic located on the third floor at 1135 Sunset Ave, Medical Arts building, encompassing 7,285 square footage which includes 18 exam rooms, 2 procedure rooms and other support spaces.

4th Floor Expansion. This project involves improvement for the expansion on the OBGYN Clinic located on the 4th floor at 1135 Sunset Ave, Medical Arts building, encompassing 5,735 Square footage which includes 14 exam rooms, 1 procedure room and other support spaces.

The public hearing was originally scheduled for June 17, 2025. Notice of the public hearing was published in the San Gabriel Valley Tribune on June 3, 2025. As the public hearing was rescheduled to the July 1, 2025 City Council meeting, notice of the public hearing was posted on the City's website at https://www.westcovina.org/departments/city-clerk/public-hearing-notices, as authorized by 26 CFR section 1.147(f)-1(d)(4).

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff’s recommendation; or

2. Provide alternative direction.

Prepared by: Gerardo Rojas, Acting Economic Development & Housing Manager Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

There is no fiscal impact to the City.  The Bonds will be issued as limited obligations of CSCDA, payable There is no fiscal impact to the City.  The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds.  Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing. The City is not committed in any manner if the bonds are issued.

Attachments
Attachment No. 1 - Resolution No. 2025-42
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
ATTACHMENT NO. 1
RESOLUTION NO. 2025-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY REVENUE
BONDS (EMANATE HEALTH), SERIES 2025 IN AN

AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$90,000,000 FOR THE PURPOSE OF FINANCING AND/OR

REFINANCING THE ACQUISITION, CONSTRUCTION,

EQUIPPING, IMPROVEMENT, RENOVATION,

REHABILITATION AND/OR REMODELING (INCLUDING

BY REIMBURSING EXPENDITURES MADE FOR SUCH

PURPOSES) OF HOSPITAL, HEALTH CARE AND

RELATED FACILITIES AND CERTAIN OTHER MATTERS

RELATING THERETO
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS,  Emanate  Health,  a  California  nonprofit  public  benefit  corporation (the “Corporation”),  has  requested  that  the  California  Statewide  Communities Development Authority (the “Authority”) participate in the issuance of in the issuance of one or more  series of  revenue bonds in an aggregate principal amount not to exceed $74,000,000  (the  “Bonds”)  for  the  acquisition,  construction,  equipping,  improvement, renovation, rehabilitation and/or remodeling of hospital, health care and related facilities (the “Facilities”) to be owned and operated by the Corporation or one of its affiliates (the “Project”) and located within the City of West Covina (the “City”); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located or to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the  Authority  has  requested  that  the  City  Council  approve  the issuance of the Bonds by the Authority for the purposes of financing and/or refinancing the Project in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS,  the  Authority  is  also  requesting  that  the  City  Council  approve  the issuance  of  any  refunding  bonds  hereafter  issued  by  the  Authority  for  the  purpose  of refinancing the Bonds which financed the Facilities (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves the issuance of the Bonds and Refunding Bonds by the Authority for the purposes of financing and/or  refinancing the Project.  It  is  the  purpose  and  intent  of  the  City  Council  that  this  resolution  constitute approval of the issuance of the Bonds and Refunding Bonds by the Authority and of the financing and/or refinancing of the Project, for the purposes of (a) Section 147(f) of the Code  by  the  applicable  elected  representative  of  the  issuer  of  the  Bonds  and  the governmental unit having jurisdiction over the area in which the Facilities are located or are  to  be  located,  in  accordance  with  said  Section  147(f);  and  (b)  Section  9  of  the Agreement.

SECTION 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter  the  same  in  the  book  of  original  resolutions  and  it  shall  become  effective immediately.

APPROVED AND ADOPTED this 1st day of July, 2025.

Tony Wu
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I,  LISA  SHERRICK,  ASSISTANT  CITY  CLERK  of  the  City  of  West  Covina, California, do hereby certify that the foregoing Resolution No. 2025-42 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1st day of July, 2025, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk