HomeMy WebLinkAbout25F - AGMT - EMERGENCY TRANSPORTATION SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
APPROVAL OF FIRE/EMS EMERGENCY
AMBULANCE TRANSPORTATION AND
RELATED SERVICES AGREEMENT
CITY MANAGER
RECOMMENDED ACTION
Staff recommends that the Mayor and City Council:
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Elect to retain final contract selection and contract award authority for Exclusive Operating
Area 20 - City of Santa Ana
2. Approve the professional grading panel recommendation to select CARE Ambulance
Services, as the 9-1-1 Emergency Ambulance Service provider for the City of Santa Ana
effective September 20, 2012, and authorize the City Manager to execute the three-year
Agreement including any non-substantive amendments as determined by the City Attorney
in an amount not to exceed the three-year total contract amount of $2,881,675 for the first
year, $2,968,125 for year two and $3,057,169 for year three; and
3. Authorize the City Manager to execute two optional one-year extensions for a possible total
contract period of five years; and
4. Upon completion of a cost analysis review of outsourcing the ambulance billing function, if
the results reflect an overall positive benefit to the City of Santa Ana, authorize the City
Manager to enter into an agreement with CARE Ambulance Services to perform the 9-1-1
ambulance billing for the City of Santa Ana at the agreed upon rates as stated within the bid
submittal.
DISCUSSION
Competitive Process for Exclusive Operatinq Area #20 for Ambulance Service
Pursuant to the Emergency Medical Services (EMS) act, only the County may create Exclusive
Operating Areas (EOA) for the provision of ambulance services. The City of Santa Ana was
established as EOA No. 20 and, until the transition to the Orange County Fire Authority (OCFA),
was not required to conduct the competitive process as the 9-1-1 transportation service was
provided by city firefighter personnel prior to 1980 and therefore exempt from the EMS statue that
requires the process competitive.
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The act only requires that the competitive bid process occurs for agencies that change their
method of 9-1-1 transportation service delivery after 1980.
Effective April 20, 2012, Santa Ana transitioned to the OCFA and, as part of the transition, now
contracts out 9-1-1 emergency transportation services. Consistent with the EMS Act, the city is
required to conduct a competitive bid process. Under the State EMS guidelines, the County must
conduct the competitive process for the selection and award of exclusive operating areas in order
for jurisdictions to avoid anti-trust liability. The County has delegated its responsibility for
conducting the competitive process to the OCFA for all OCFA jurisdictional areas except the
cities of Buena Park, San Clemente, and Westminster.
While the competitive process was delegated to the OCFA, the State and County EMS agencies
are still responsible for ensuring the process is fair and competitive and have ultimate oversight
responsibility, including the review and approval of all RFP documents.
Contracting Authority
Under the current County EMS system, OCFA member cities may decide whether they want to
retain final selection and contracting authority for themselves or whether they want to delegate
such authority to the OCFA Board of Directors. Currently, approximately half of OCFA cities
have elected to retain final selection and contracting authority, while half have delegated such
responsibility to OCFA.
Recommended action number one of this staff report will formalize the City of Santa Ana election
to retain the selection and award authority.
Summary of the RFP process
The Orange County Fire Authority (OCFA), on behalf of the City of Santa Ana, developed and
issued Phase I (the Prequalification Phase) of the Request for Proposals for Fire/EMS
Emergency Ambulance Transportation and Related Services. The Phase I RFP announcement
was sent to the Ambulance Association of Orange County and all licensed Orange County
ambulance providers on February 22, 2012. The purpose of Phase I was to ensure that qualified
and experienced 9-1-1 providers were offered the opportunity to participate in Phase II (Proposal,
Grading, Recommendation, and Selection) of the RFP process.
The Phase I RFP was issued on February 23, 2012. Key components and submittal requirements
of the Phase I included:
• A resume of recent (9-1-1 emergency ambulance transportation experience)
• Submission of audited financial statements
• Acknowledgement of willingness to commit to the insurance requirements
• Litigation and Performance History
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• Agreement to the terms and conditions specified in the RFP
As part of the Phase I RFP process, OCFA and Santa Ana staff conducted a Mandatory Bidder's
Conference was held on February 29, 2012. There were 24 individuals who attended the
meeting representing 13 potential bidders (AmeriCARE, CARE, Doctors, GCTI, Gerber, Lynch,
Medix, Pacific, Premier, Priority, Rural Metro, Schaefer, and Shoreline).
During the conference, staff outlined the following key components of the RFP:
1. Scope: Provide sufficient number of ambulances to respond to 100% of the 9-1-1 call
volume within response time requirements.
2. Experience Requirements: Must have recent and comparable 9-1-1 transport experience
equivalent to 80% of 2011 call volume not transports
1. Response Requirements: Bidder must strictly adhere to the following minimum
required response times at a quarterly compliance rate of ninety percent (90%) in
each Code 2 and Code 3 categories, which shall be reported separately:
2. Code 3-Response time must not exceed ten (10) minutes, zero (0) seconds.
3. Code 2-Response time must not exceed fifteen (15) minutes, zero (0) seconds.
3. Vehicles: Selected provider will be required to provide and incur all costs (including
gas/repair maintenance costs) for Type III ambulances for Tier I and II service
4. Billing: City will retain billing authority/responsibility for all calls and transports within the
City of Santa Ana
5. Phase 2 may include an option that the selected provider bills on behalf of the City of
Santa Ana and remits all revenue back
6. Bid Submittal Cost: Proposal must be all inclusive for all First, Second, and Mutual Aid
Emergency Transportation Services within the City of Santa Ana
7. Housing: Bid submittal should assume units will not be housed in Santa Ana Fire Stations
or facilities.
Staff also presented a summary of the 2011 historical call and transportation data for the
City of Santa Ana.
Phase 1 (Prequalification) Results
On March 5, 2012, OCFA received proposals from eight (8) ambulance providers. Of the eight
submissions four were disqualified for insufficient 9-1-1 experience, and one for not providing
recent audited financial statements. The selection panel established the following companies
as meeting or exceeding the RFP requirements and were allowed to compete in Phase II of the
RFP process:
• CARE Ambulance Services Inc. (CARE)
• Doctors Ambulance Services Inc. (Doctors)
• Schaefer Ambulance Services Inc. (Schaefer)
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Request for an Interim 9-1-1 Ambulance Transportation Provider
Due to the time required to review, grade, and award the Phase II Emergency Ambulance
Transportation contract, OCFA and Santa Ana staff received authority from the Orange County
Emergency Medical Services Agency (OCEMSA) to issue an interim Request for Proposal for 9-
1-1 Ambulance Transportation Services until the evaluation and award of the Phase II process
could be completed. The requirements to submit a proposal for the interim period were:
• Current OC licensed 9-1-1 ambulance provider
• 9-1-1 experience with a system similar to the size of Santa Ana
• Adhere to the response time criteria
• Agree to insurance requirements
The RFP for the interim period was issued on March 20, 2012. The two submittals received were
from CARE and Doctors. Subsequent to their submittal, Doctors withdrew their bid. CARE
Ambulance was the sole bidder that met the requirements of the RFP. On April 2, 2012, the City
Council authorized award of the interim contract to CARE effective April 20, 2012 for an initial
120 days and has been extended 30 days and is currently set to expire September 20, 2012.
Phase 11 - Proposal Submission, Grading, Recommendation and Selection
On June 14, 2012, OCFA issued the Phase II RFP to the three providers (CARE, Doctors, and
Schaefer) who met the minimum requirements of Phase I. The Phase II RFP requested bidders
to submit responses to 16 areas. Included in the RFP, was the requirement to attend a
Mandatory Bidder's Conference that was held on June 27, 2012. Bidders were given the
opportunity to submit written questions to staff regarding the RFP prior to the conference. During
the conference (attended by all three prequalified bidders), staff answered all pre-submitted
questions from the providers. Staff also summarized the key factors that would be used by the
grading panel:
A. Experience of the Proposer;
B. Financial strength/stability of the Proposer;
C. Cost to City;
D. Quality of service to be provided;
E. Level of service to be provided;
F. Experience and qualifications of the Transportation Personnel who will provide services to
the City of Santa Ana under the proposed contract;
G. Training of replacement Transportation Personnel when one or more leaves; and
H. Whether a Proposer is responsible. The term "responsible" refers not only to the attribute
of trustworthiness, but also to the quality, fitness, and capacity of the Proposer to perform
the proposed services satisfactorily and in accordance with the specifications and delivery
criteria set forth herein.
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Staff also provided bidders with updated 9-1-1 Santa Ana EMS call and transport statistics based
on actual volume from the first 60 days of the transition to OCFA.
Public Bid Opening
On July 9, 2012, proposals were received from all three prequalified providers. Consistent with
the State EMS requirements, a public bid opening was conducted. During the bid opening, the
following information was released and made public with all three bidders in attendance:
A. RFP number
B. Submission date
C. General description of service being procured
D. Names of responders
E. Amounts proposed:
a. Transports for Initial Year Service Period
b. Optional: Transports + Ambulance Billing
Evaluation Process Oversight
Orange County Emergency Medical Services (OCEMS) staff have been involved in the RFP
Process (both Phase I and II) since inception. Consistent with the State guidelines, the role of
OCEMS oversight is to ensure that the RFP process (from issuance of the RFP to ultimate
contract award) was conducted in a fair and competitive manner. The competitive RFP process
utilized by City of Santa Ana, including Phase I and II RFP's, was submitted to Orange County
EMSA (OCEMSA) and the State Emergency Medical Services Authority and was approved by
both agencies.
Overview of Proposal Evaluation Process in Phase 11
The focus of the comprehensive evaluation process was to select the bidder that provided the
most thorough, and competitive bid proposal and program design that would meet or exceed the
performance standards set forth in the RFP.
All three proposals proceeded to the evaluation process, which was designed to accomplish the
following goals:
• Provide a method of evaluating each proposal not just on its own merits, but as it
compares to the other proposals under evaluation.
• Provide a method of evaluation that is fair and unbiased.
• Provide a method that evaluates the:
¦ Bidder's business as a whole, and
¦ 2) Proposal specific to the operational needs of the City of Santa Ana in the
delivery of 9-1-1 emergency transportation services.
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PrnrPCC
As stated above, the rating process was designed to provide a method that evaluates the
Bidder's business as a whole and evaluates the proposal specific to the operational requirements
of the city in the delivery of 9-1-1 emergency transportation services as listed in the RFP. Each
member of the Proposal Grading Panel reviewed eight (8) categories defined as Item Numbers
2,3,4,5,7,10,11,13 on the rating sheet. Each member of the Grading Panel ranked the proposal
responses from best to least responsive (a ranking of "1" would reflect the best response).
Responses were limited to a rating of 1, 2 or 3. The Grading Panel could, however, assign the
same ranking for a given item to more than one Bidder if it was thought that the proposals for a
given item were equivalent.
The listed requirements within each Item Number were assigned a weighting based on the item's
relative importance. A final "score" was derived by averaging the individual Grading Panel
Members' rankings for each item, multiplying this number by the relative weight assigned to the
item, and then calculating the cumulative score. Using this methodology, the lowest weighted
average numerical score would reflect the best proposal.
RFP Grading Panel
The RFP Grading Panel consisted of three `primary evaluators' and two OCFA `staff evaluators'.
The primary evaluators included an OCFA Fire Captain with over 22 years of front line
experience with the City of Santa Ana Fire Department, OCFA's EMS Coordinator with extensive
EMS experience including ten years with the Orange County EMS agency as Program Manager.
As part of his Program Manager responsibilities, he was responsible for the oversight of all 9-1-1
Emergency Ambulance Transportation RFP in the County to ensure they were fair and
competitive and consistent with State guidelines. The third primary evaluator was a Sergeant
from the City of Santa Ana with 17 years of experience working in the city with first-hand
experience dealing with the community and Fire/EMS responders. The primary evaluators
reviewed and evaluated the eight (8) narrative responses. To avoid any bias or conflict of
interest, the panel evaluators were not provided the relative weighting for each item.
The staff evaluators were the OCFA EMS Battalion Chief and Finance Manager/Auditor, both
with extensive experience with EMS Request for Proposals. The two staff evaluators evaluated
the eight (8) mandatory requirements (Mutual Aid, HIPAA Compliance, Corporate Compliance,
Phase I Approval, Conflict of Interest, Statement of Truth, Non-Collusions, and Agreement to
provide insurance) of the proposal for compliance. The mandatory submission items were not
graded or ranked, but rather checked for inclusion and completeness by the staff evaluators.
Grading Criteria
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The proposal primary evaluators ranked each bid proposal according to established criteria. As
stated in the RFP, the evaluators used the following criteria during their review for this RFP:
1. Quality of service;
2. Level of service;
3. Cost;
4. Experience;
5. Whether a Bidder is responsible. The term "responsible" referred to the
quality, fitness, and capacity of the Bidder to perform the proposed
services satisfactorily and in accordance with the specifications and
delivery criteria.
Gradinq Panel Final Evaluations
The proposals from the three bidders were evaluated by the three primary evaluators for
assessment and scoring. The panel completed its grading and also conducted a site visit at all
three proposer's facilities. During the site visits each bidder was provided an opportunity to
present key points of their proposal, and as appropriate, respond to bid clarification requests
from the grading panel. The site visit also provided the panel the opportunity to validate
elements of the bidder's proposal to ensure that each bid proposal was complete and accurate.
Attachment 1 is a summary of the Proposal Grading Results. The Grading Panel recommends
that the City's service agreement be awarded to the bidder with the lowest numerical score.
Evaluation Panel Ratings and Recommendation
The Grading Panel final rankings of the bidders for the City of Santa Ana 9-1-1 Contract were
as follows: (with the lower score being better)
Provider Final Score, Rank of Proposal
CARE 113.3 1 (Panel Recommended)
Doctors 211.7 2
Schaefer 230 3
Additional Services Option- Ambulance Billing Services
In addition to providing proposals for Ambulance transportation and related services, bidders
were offered the opportunity to bid on performing the billing service on behalf of the city. Both
CARE and Schaefer submitted proposals, Doctors did not. The proposed costs were $17.50
(CARE) and $17.40 (Schaefer) respectively per transport. Staff is recommending that a cost
analysis and study be performed to decide if the optional billing service is beneficial for the City
of Santa Ana. Upon further analysis and successful completion of the study, should the City
decide to implement this option, the city would enter into a contract with the selected provider to
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perform the billing service. The specific terms and conditions of the contract would be agreed
upon by the City Manager, Contractor, and City Attorney.
SUMMARY:
The proposals were similar in overall content; although, there were notable differences between
the three companies in terms of, responses to the RFP requirements, 9-1-1 operating
experience, and depth of resources.
While Schaefer did submit the most competitive priced bid the panel felt that the bid submittal
lacked sufficient detail and was ambiguous in many areas. Specific areas of concern with
Schaefer's response to the overall operational system that lack detail, poor discussion at the
personnel and training, did not have the current communication equipment but was committed to
acquire it. Schaefer does not currently have any 9-1-1 contracts with other Orange County
jurisdictions. Some of the answers to the points were incomplete. The evaluation panel also felt
that Schaeffer did not appear to have sufficient depth of management required to manage the
contract.
Doctors submitted the highest cost for providing the service. While ranked as number 2, Doctors
also did not provide comprehensive answers to a number of the RFP requirements as CARE.
They also bid up to 8 units based on the call load, but the proposal reflects a cost almost $2.9
million greater than Schaefer and $2.0 million greater than CARE's proposal. All three providers
were given the Santa Ana call and transport volume analysis, so the proposed price is
unreasonable in the panels opinion.
CARE was unanimously rated as number 1 overall. Other than price, CARE provided the most
comprehensive and robust response to the overall RFP requirements. Additionally, CARE has
the required communication equipment, and has agreed to a response time commitment to meet
code 2 and code 3 response times 93% (rather than the RFP 90%) of the time. CARE also
proposed a dedicated level of supervisory and management oversight in support of the Santa
Ana contract.
CARE is also CAAS accredited and has a depth of local/regional resources serving other Orange
County 9-1-1 ambulance contracts.
Listed below are some comparisons of the proposals submitted by CARE, Doctors, and
Schaefer. The list is not intended to be all-inclusive.
Key Areas CARE Doctors Schaefer
Cor orate CARE Corporate Doctor's corporate Schaefer corporate
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Headquarters
headquarters, facilities
and dispatch center are
located in Orange,
California.
headquarters and
dispatch center are
located in Laguna
Hills, California.
headquarters and
dispatch center
(Pomona) are located
in Los Angeles,
California.
Schaefer has a satellite
office on Bristol Street
in Santa Ana.
Company
History and
9-1-1
Experience
CHAS
Certification
(The intent of the CAAS
Standards is to define a
"gold standard" for the
medical transportation
industry of a higher
caliber than is typically
required for state or local
licensing. There are
approximately 120
CARE was
incorporated in March
1988. CARE responds
to approximately
98,000 9-1-1 calls
annually in both
Orange and Los
Angeles County.
In addition to 22 cities
and communities in
South-East Los
Angeles area, CARE
currently provides 9-
1-1 service to the
following Orange
County EOA's;
Anaheim, Buena Park,
Costa Mesa, Cypress,
Fountain Valley,
Fullerton, Garden
Grove, La Palma, Los
Alamitos, Seal Beach,
and Stanton
CARE has been
accredited by the
Commission on
Accreditation of
Ambulance Services
(CAAS) since 1993.
Doctor's Ambulance
Service has been
providing emergency
ambulance services to
the residents and
visitors of Orange
County for over 34
years. It responds to
over 74,000 9-1-1
calls annually.
Doctor's currently
provides service to
Irvine, Laguna
Woods, Dana Point,
Laguna Hills, Tustin,
Aliso Viejo and
Laguna Beach.
Doctor's has been
accredited by the
Commission on
Accreditation of
Ambulance Services
(CAAS) since 2002.
Schaefer Ambulance
Service, Inc. has been
providing emergency
ambulance services to
the residents and
visitors of Imperial
County for over 37
years and LA County
Fire District for over 6
years. It responds to
approximately over
44,000 9-1-1 calls
annually.
Actively pursuing
CAAS certification.
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ambulance services
throughout the United
States that are CAAS
accredited.)
Mutual Aid CARE is a party to the Doctor's is a party to Schaefer is a party to
Agreements existing Master the existing Master the existing Master
Mutual Aid Mutual Aid Mutual Aid
Agreements between Agreements between Agreements between
OCFA 9-1-1 contract OCFA 9-1-1 contract OCFA 9-1-1 contract
providers. providers. providers.
Communications CARE's entire fleet Doctor's entire fleet Schaefer is fully
includes 800 HHz includes 800 HHz committed to acquire
radios located within radios located within all radio and
the units and the the units and the communications
dispatch center. dispatch center. equipment required in
During the site visit, the RFP, including
the evaluation panel 800 HHz radios
noted that CARE's located within the
communication center units and the dispatch
had redundant backup center.
systems including the
ability to dispatch the
fleet from command
vehicles and a remote
back up site.
Proposed Cost CARE submitted the Doctor's submitted the Schaefer submitted the
following cost following cost following cost
proposal for year one: proposal for year one: proposal for year one:
$ 2,881,675 annually $ 4,955,004 $ 2,061,700
$240,140 not to $416,285 not to $171,808 not to
exceed monthly exceed monthly exceed monthly
Fleet Size and CARE maintains a Doctor's maintains a Schaefer maintains a
Proposed Type fleet of 13 0, 9-1-1 fleet of 28, 9-1-1 fleet of 71, 9-1-1
III Ambulances ready ambulances in ready ambulances in ready ambulances in
Orange County. Orange County. Los Angeles, Pomona,
and Imperial County.
Response Time CARE proposes to Doctor's proposes to Schaefer proposes to
meet the Code 2 and meet the Code 2 and meet the Code 2 and
(The minimum Code 3 response time Code 3 response time Code 3 response time
requirement is 90 requirements 93% of requirements 90% of requirements 90% of
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%.) the time. the time. the time.
Number of Units 7 dedicated units 8 units 6 dedicated units
The panel unanimously recommends CARE Ambulance Service as the 9-1-1 emergency
transportation provider for the City of Santa Ana.
FISCAL IMPACT
The new agreement will be effective for an initial term of three years, with an option to extend the
agreement up to an additional two years. The city currently receives approximately $3,500,000
annual in 9-1-1 ambulance transportation and subscription revenue.
Costs for the three-year agreement for Fire/EMS emergency ambulance transportation services
with CARE Ambulance Service are as follows:
Descriptibn Year 1 Year 2 Year 3 Total
Annual Cost Annual Cost Annual Cost $9,906,969
Ambulance $ 2,881,675 $ 2,968,125 $ 3,057,169
CARE Transport
S
i Monthly Cost Monthly Cost Monthly Cost
erv
ces not to not to not to
$742,248
exceed exceed exceed
$240,140 $247,344 $254,764
Optional year renewal pricing (if exercised) are as follows:
DescTiption Annual
Contract
1-Year Ambulance Annual Cost
Transport Services $ 3,148,884
1-Year Ambulance Annual Cost
Transport Services $ 3,243,250
Optional Ambulance Billing
CARE Ambulance billing per transport:
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Year 1- $17.50 per transport
Year 2- $18.00 per transport
Year 3- $18.50 per transport
Year 4- $19.00 per transport
Year 5- $19.50 per transport
ATTACHMENTS:
1. Summary of Proposal Grading Results:
a. Grading Results by Total Points
b. Grading Results by Percentage of Total Points
2. Phase 11 RFP
I Agreement for Fire/EMS Emergency Ambulance Transportation and Related Services
25F-12
Attachment 1: City of Santa Ana Phase II Ambulance RFP Score Summaries
CARE AMBULANCE
Weighted Weighted
Evaluation Categories Score Staff Evaluator) Evaluator2 Evaluator3 Total Average Average
1. Cover Letter Pass
2. General Overall Plan to Provide Emergency Services 10 1 1 1 3 1 0
3. Overall Operational System 10 1 1 1 3 1 10
4. Driver Training 10 1 1 1 3 1 10
5. Internal Medical Quality Control 10 1 1 1 3 1 10
6. Mutual Aid Provider Pass
7. Personnel and Training 10 1 1 1 3 1 10
8. HIPAA Compliance Plan Pass
9. Corporate Compliance Plan Pass
10. Plan for Takeover of Service/Start-Up 15 2 1 1 4 1.3 20
11. EMS Resume 15 2 1 1 4 1.3 20
12. Phase I Approval Notification Pass
13. Price Worksheet-Transport Only 20 1 2 2 5 1.7 33.3
13B. Price Worksheet-Transport & Optional Billing
14. Conflict of Interest Certification Pass
15. Statement of Truth Pass
16. Non-collusion Certification Pass
17. Photographs (Optional) N/A
TOTALS: 100 Pass 10 9 9 28 9.3 113.3•
DOCTORS AMBULANCE
Weighted Weighted
Evaluation Categories Score Staff Evaluatorl Evaluator2 Evaluator3 Total Average Average
1. Cover Letter Pass
2. General Overall Plan to Provide Emergency Services 10 1 3 2 6 2 20
3. Overall Operational System 10 2 2 2 6 2 20
4. Driver Training 10 2 2 2 6 2 20
5. Internal Medical Quality Control 10 3 2 1 6 2 20
6. Mutual Aid Provider Pass 0 0 0
7. Personnel and Training 10 2 2 1 5 1.7 16.7
8. HIPAA Compliance Plan Pass 0 0 0
9. Corporate Compliance Plan Pass 0 0 0
10. Plan for Takeover of Service/Start-Up 15 2 2 2 6 2 30
11. EMS Resume 15 1 3 1 5 1.7 25
12. Phase I Approval Notification Pass 0 0 0
13. Price Worksheet-Transport Only 20 3 3 3 9 3 60
13B. Price Worksheet-Transport & Optional Billing
14. Conflict of Interest Certification Pass
15. Statement of Truth Pass
16. Non-collusion Certification Pass
17. Photographs (Optional) N/A
TOTALS: 100 Pass 16 19 14 49 16.3 211.7
SCHAEFER AMBULANCE
Weighted Weighted
Evaluation Categories Score Staff Evaluator) Evaluator2 Evaluator3 Total Average Average
1. Cover Letter Pass
2. General Overall Plan to Provide Emergency Services 10 3 2 3 8 2.7 26.7
3. Overall Operational System 10 3 3 3 9 3 30
4. Driver Training 10 2 3 3 8 2.7 26.7
5. Internal Medical Quality Control 10 2 2 2 6 2 20
6. Mutual Aid Provider Pass 0 0 0
7. Personnel and Training 10 3 3 2 8 2.7 26.7
8. HIPAA Compliance Plan Pass 0 0 0
9. Corporate Compliance Plan Pass 0 0 0
10. Plan for Takeover of Service/Start-Up 15 3 3 3 9 3 45
11. EMS Resume 15 3 2 2 7 2.3 35
12. Phase I Approval Notification Pass 0 0 0
13. Price Worksheet-Transport Only 20 1 1 1 3 1 20
136. Price Worksheet-Transport & Optional Billing
14. Conflict of Interest Certification Pass
15. Statement of Truth Pass
16. Non-collusion Certification Pass
17. Photographs (Optional) N/A
TOTALS: 100 Pass 20 19 19 58 19.3 "230
*The lowest weighted average represents the highest ranked proposal. CARE has the lowest weighted average of 113.3
Exhibit 1
25F-13
25F-14
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
RFP No. JRSB002
PHASE 2
FIRE/EMS EMERGENCY AMBULANCE
TRANSPORTATION AND RELATED SERVICES
DATE OF ISSUANCE: Thursday, June 14, 2012
SUBMISSION DUE DATE: Monday, July 9, 2012
SERVICES EFFECTIVE (TBD)
A. Only the following 3 proposers who have prequalified under the Phase I RFP are allowed to
participate in the Phase II RFP:
a. Care Ambulance Service, Inc.
b. Doctor's Ambulance Service
c. Schaefer Ambulance Service
B. Please note the mandatory Pre-Submission Conference is scheduled for Wednesday, June 27t4
at 1:00 P.M. located in the Orange County Fire Authority Board Breakout Room.
Exhibit 2
25F-15
City of Santa Ana
City of Santa Ana
Phase 2: Emergency Ambulance Transportation and Related Services RIP
Table of Contents
GENERAL INFORMATION
1.1 BACKGROUND .................................................................................................................................1
1.2 SCOPE OF SERVICES ........................................................................................................................2
1.2.1 FIRST TIER SERVICE ...............................................................................................................2
1.2.2 M MUTUAL AID SERVICES ......................................................................................................3
1.2.3 BLS AND ALS SERVICES ...........................................................................................................4
1.2.4 MINIMUM QUALIFICATIONS OF TRANSPORTATION PERSONNEL ...........................................4
1.2.5 COMPENSATION ......................................................................................................................4
1.2.6 BILLING ..................................................................................................................................5
1.2.7 TERM ......................................................................................................................................5
1.2.8 ANNUAL REVIEW ....................................................................................................................6
1.3 NOTICE INVITING PROPOSALS ..........................................................................................................6
1.4 REJECTION OF BIDS ..........................................................................................................................6
1.5 COST OF PREPARATION ....................................................................................................................6
1.6 UNDERSTANDING PROPOSAL ............................................................................................................7
1.7 CONTRACTOR SELECTION AND AWARD ...........................................................................................7
2. ADMINISTRATION ............................................................................................................................8
2.1 BID PROPOSAL SUBMISSION PROCESS ..............................................................................................8
2.2 MANDATORY BID PROPOSAL PRE-SUBMISSION CONFERENCE .........................................................8
2.3 BID PROPOSAL SUBMISSION REQUIREMENTS ...................................................................................8
2.3.1 BID PROPOSAL SUBMISSION DATE ...........................................................................................8
2.3.2 BID PROPOSAL SUBMISSION INSTRUCTIONS ............................................................................9
2.4 PUBLIC OPENING OF BID PROPOSALS ............................................................................................. 12
2.4.1 BID PROPOSAL OPENING ........................................................................................................ 12
2.4.2 LATE SUBMISSION .................................................................................................................. 13
2.5 BID PROPOSAL EVALUATIONS ........................................................................................................ 13
2.5.1 COMPETITIVE PROCESS ......................................................................................................... 13
2.5.2 PROPOSAL GRADING PANEL ................................................................................................... 13
2.6 ADMINISTRATIVE ........................................................................................................................... 14
2.6.1 BID PROPOSAL DEPOSIT ......................................................................................................... 14
2.6.2 ORAL PRESENTATIONS ........................................................................................................... 14
2.6.3 PROPRIETARY INFORMATION ................................................................................................ 14
2.6.4 VOLUNTARY WITHDRAWAL OF BID PROPOSAL ..................................................................... 15
2.6.5 CANCELLATION OF RFP PROCESS .......................................................................................... 15
2.7 BID PROPOSAL REJECTION ............................................................................................................. 15
2.8 AWARD PROTEST ............................................................................................................................ 16
2.9 PROPOSED SCHEDULE OF EVENTS .................................................................................................. 17
3. GENERAL TERMS AND CONDITIONS .......................................................................................18
3.1 PROPOSED CONTRACT ....................................................................................................................18
3.2 CONTRACT DOCUMENTS ................................................................................................................18
3.3 CONTRACT MODIFICATIONS AND AMENDMENTS ...........................................................................18
3.4 CONTRACT ADMINISTRATION ........................................................................................................19
3.5 CONTRACT EFFECTIVE DATE .........................................................................................................19
3.6 CONTRACT TERM ............................................................................................................................19
3.6.1 TERM ....................................................................................................................................19
3.6.2 CONTRACT EXTENSION ........................................................................................................19
3.6.3 TERMINATION ......................................................................................................................19
3.7 INSURANCE .............................................................................................................................. 20
25F-16
^ City of Santa Ana
TABLE OF CONTENTS (CONTINUED)
3.8 ASSIGNMENT ................................................................................................................................... 24
3.9 AUDITS AND INSPECTIONS .............................................................................................................. 25
3.9.1 BUSINESS OFFICE .................................................................................................................... 25
3.10 COOPERATION .............................................................................................................................. 25
3.11 NON-COLLUSION CERTIFICATE .................................................................................................... 25
3.12 INDEPENDENT CONTRACTOR ....................................................................................................... 25
3.13 INDEMNIFICATION ........................................................................................................................ 26
3.14 COMPLIANCE WITH LAWS ............................................................................................................ 27
3.15 RESPONSIBILITY ........................................................................................................................... 27
3.16 ACTS OR OMISSIONS OF REPRESENTATIVES ................................................................................ 27
3.17 INSOLVENCY ................................................................................................................................. 27
4. OPERATIONAL STANDARDS PROCEDURES & PERFORMANCE REQUIREMENTS ....29
4.1 EMERGENCY RESPONSE COMMUNICATION SYSTEM ...................................................................... 29
4.1.1 COMMUNICATIONS REQUIREMENTS .................................................................................... 29
4.1.2 VEHICLE COMMUNICATIONS ............................................................................................... 29
A. 800MHZ MOBILE RADIO ................................................................................................ 29
B. MOBILE DATA COMPUTER SYSTEM ............................................................................... 30
4.2 SERVICE HOURS .............................................................................................................................. 32
4.2.1 SERVICE ................................................................................................................................ 32
4.2.2 FIELD SUPERVISOR ............................................................................................................... 32
4.3 RESPONSE TIMES ............................................................................................................................ 33
4.3.1 GENERAL REQUIREMENTS ................................................................................................... 33
4.3.2 RESPONSE TIME MEASUREMENT .......................................................................................... 33
4.3.3 RESPONSE TIMES REQUIRED ................................................................................................ 33
4.3.4 RESPONSE TIME REPORTING ................................................................................................ 33
4.3.5 CALL CANCELLATION .......................................................................................................... 34
4.3.6 QUARTERLY RESPONSE TIME REPORT- FORMAT ............................................................... 34
4.3.7 EXEMPTIONS TO RESPONSE TIME REQUIREMENTS ............................................................. 34
A. HIGH CALL VOLUME ........................................................................................................ 34
B. DISASTERS ........................................................................................................................ 34
C. MULTIPLE AMBULANCE RESPONSE ..................................................................................35
D. RESPONSE UP/DOWNGRADE ............................................................................................. 35
E. RETURN OF OCFA PERSONNEL ......................................................................................... 35
4.3.8 PROCEDURES TO REQUEST RESPONSE TIME EXEMPTION .................................................... 35
4.3.9 USE OF ALTERNATIVE METHODS TO MEET RESPONSE TIME REQUIREMENTS .................... 36
4.3.10 DISCIPLINARY ACTIONS FOR FAILURE TO MEET RESPONSE TIME REQUIREMENTS AND
PERFORMANCE, DEFICIENCY .............................................................................................. 37
A. MEET AND CONFER ........................................................................................................ 37
B. PENALTIES ..................................................................................................................... 37
C. CORRECTIVE ACTION PLAN ........................................................................................... 38
D. TIMELY PERFORMANCE REQUIRED .............................................................................. 39
E. WAIVER .......................................................................................................................... 40
4.3.11 EMERGENCY ON-SCENE PROCEDURES ............................................................................... 40
4.3.12 DISASTER ASSISTANCE ....................................................................................................... 41
4.3.13 STANDARD OF PERFORMANCE ........................................................................................... 42
4.3.14 GENERAL PROVISIONS ........................................................................................................ 42
A. RETURN OF OCFA PERSONNEL ....................................................................................... 42
B. 911 CALLS FOR SERVICE/REFERRAL .............................................................................. 43
C. PERFORMANCE ............................................................................................................... 43
D. CONFLICT OF INTEREST ................................................................................................. 43
25F-17
City of Santa Ana
TABLE OF CONTENTS (CONTINUED)
4. OPERATIONAL STANDARDS PROCEDURES & PERFORMANCE REQUIREMENTS
E. COMPLAINTS ...................................................................................................................43
F. HIPAA BUSINESS ASSOCIATE ASSURANCES .....................................................................44
G. MEDICARE/MEDI-CAL PARTICIPATION ..........................................................................45
4.3.15 EXTERNAL MEDICAL QUALITY CONTROL ..........................................................................46
4.3.16 INTERNAL MEDICAL QUALITY CONTROL ...........................................................................46
5. PERSONNEL ......................................................................................................................................47
5.1 PERSONNEL REQUIREMENTS ..........................................................................................................47
5.2 CONTROL ........................................................................................................................................50
6. SUPPLIES, EQUIPMENT AND VEHICLES .................................................................................51
6.1 STANDARDS ....................................................................................................................................51
6.1.1 STANDARD INVENTORY .........................................................................................................51
6.1.2 REQUIRED EQUIPMENT ..........................................................................................................51
6.1.3 PERSONAL SAFETY EQUIPMENT .............................................................................................52
7. A. SUBMISSION OUTLINE (PHASE 2)
BID PROPOSAL SUBMISSION FORMS & CHECKLIST ........................................................................53
TITLE PAGE/COVER SHEET .............................................................................................................54
BID PROPOSAL DEPOSIT ..................................................................................................................55
TABLE OF CONTENTS ......................................................................................................................56
B. DESCRIPTION OF REQUIRED ITEMS
I COVER LETTER .......................................................................................................................... 57
2 GENERAL OVERALL DESCRIPTION OF PLAN TO PROVIDE 9-1-1 EMERGENCY
TRANSPORTATION SERVICE IN CITY ........................................................................................ 58
3 OVERALL OPERATIONAL SYSTEM ............................................................................................. 59
4 DRIVER TRAINING ...................................................................................................................... 60
5 INTERNAL MEDICAL QUALITY CONTROL .................................................................................. 61
6 MUTUAL AID PROVIDER ............................................................................................................. 62
7 PERSONNEL AND TRAINING ..................................................................................................63-64
A. ASSIGNED PERSONNEL PROFILE
B. FIELD TRAINING OFFICERS
C. PRIMARY PERSONNEL
D. EMPLOYEE RECRUITMENT, SCREENING & ORIENTATION
E. CONTINUING EDUCATION PROGRAMS
F. HIPAA TRAINING PROGRAMS
8 HIPAA COMPLIANCE PLAN ......................................................................................................... 65
9 CORPORATE COMPLIANCE PLAN ............................................................................................... 66
10 PLAN FOR TAKEOVER OF SERVICE/START UP ............................................................................ 67
11 EMS RESUME .........................................................................................................................68-69
12 PHASE 1 APPROVAL. NOTIFICATION ........................................................................................... 70
13 PRICE WORKSHEET ................................................................................................................... 71
14 CONFLICT OF INTEREST CERTIFICATION .................................................................................. 72
15 STATEMENT OF TRUTH .............................................................................................................. 73
16 NON-COLLUSION CERTIFICATION ............................................................................................. 74
17 PHOTOGRAPHS (OPTIONAL) ...................................................................................................... 75
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CRt City of Santa Ana
TABLE OF CONTENTS (CONTINUED)
ATTACHMENTS
ATTACHMENT 1 -SAMPLE CONTRACT WITH CITY ...................................................................76
25F-19
0 City of Santa Ana
SECTION 1
GENERAL INFORMATION
1.1 BACKGROUND
The City of Santa Ana is initiating a Request for Proposal (RFP) for emergency ambulance
transportation and related services for up to a three-year (3) contract period with an option for
two (2) one (1) year extensions commencing on or after the contract effective date. This
document provides information and specific requirements for "Phase 1: Prequalification" that
must be followed by ambulance providers interested in submitting a proposal. In the City, the
OCFA operates out of ten city-owned fire stations located at 1029 West 17`h Street, (Station No. 1), 1668
East 4'" Street (Station No. 2), 419 South Franklin Street (Station No.3), 1427 South Broadway (Station
No.4), 120 West Walnut (Station No.5), 950 West MacArthur (Station No.6), 2317 South Greenville
(Station No.7), 501 North Newhope (Station No.8), 1320 East Warner (Station No.9), and 2301 Old
Grande Street North (Station No. 10).
Estimated Response Volume:
Calendar Year 2011
Call Responses 16,196
The City of Santa Ana (City) has a long and proud history of providing emergency medical care for
the citizens of Santa Ana and its visitors. For many years the City of Santa Ana has provided its own
transportation services. Effective April 20, 2012 the City of Santa Ana contracted with the Orange
County Fire Authority (OCFA) for fire and emergency medical services. The Orange County Fire
Authority is a regional fire service agency that serves 22 cities in Orange County and all
unincorporated areas. The OCFA currently protects over 1,300,000 residents from its 61 fire stations
located throughout Orange County.
1.2 SCOPE OF SERVICES
The City of Santa Ana is soliciting proposals from qualified ambulance service operators (hereinafter
referred to as either "Proposer" or "Contractor") to contract with the City of Santa Ana to provide 9-
1-1 Emergency Transportation Service within the territorial jurisdiction of the City of Santa Ana
related to operation of the City's ambulance service (the "Contract"). All personnel assigned to
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page I I
June 14, 2012
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City of Santa Ana
perform services under the Contract, whether under the First Tier Service or under the Mutual Aid
Contract (each of which is defined below), shall be hereinafter referred to as the "Transportation
Personnel." The provision of the First Tier Service and the Mutual Aid Service, together with all of
the other services, duties and obligations Contractor may provide under the proposed Contract, shall
be hereinafter jointly referred to as the "9-1-1 Emergency Transportation Service" or "9-1-1
Emergency Transportation Services."
The details of the 9-1-1 Emergency Transportation Services which must be provided by Contractor
under the proposed Contract are as follows:
1.2. 1 First Tier Service
The proposed Contractor will be required to provide, with its own forces, a sufficient number of fully
equipped ambulances and Transportation Personnel, so as to provide, in accordance with OCEMS
standards and this RFP, all of the City's needs for 9-1-1 Emergency Transportation Service, being
able to respond 24 hours a day 7 days a week to all 9-1-1 and other emergencies as required (referred
to as the "First Tier Service" or "First Tier"). The First Tier Service will be designed so as to ensure
that there are enough of Contractor's ambulances and Transportation Personnel available to meet
100% of all calls for 9-1-1 Emergency Transportation Service in the City of Santa Ana within the
response time criteria. The First Tier Service shall meet the OCFA response times and all other
requirements of this RFP for the 9-1-1 Emergency Transportation Service.
A. The provision of the First Tier Service shall include an adequate number of fully equipped
committed ambulances and associated staffing/Transportation Personnel, to provide 9-1-1
Emergency Transportation Services exclusively for the City of Santa Ana. The Ambulances must
be able to respond 24 hours a day 7 days a week to all 9-1-1 and other emergencies as required
within the City of Santa Ana.
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` City of Santa Ana
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B. In addition to the First Tier Service Contractor must also provide whatever additional number of
fully equipped ambulances and Transportation Personnel which may be required to meet the
response times in this RFP, and to otherwise meet 100% of all 9-1-1 calls for Emergency
Transportation Service within the City of Santa Ana 9-1-1 Emergency Transportation Services.
C. OCFA, in cooperation with the Transportation Personnel, will provide on-scene Advanced Life
Support ("ALS") services. The Transportation Personnel will provide Basic Life Support
("BLS") services and transport patients to medical facilities when required and under the
direction of OCFA on behalf of the City of Santa Ana.
1.2.2. Mutual Aid Service
Contractor shall also be required to enter into a mutual aid agreement with a separate qualified 9-1-1
ambulance service provider doing business in Orange County, to provide backup services in the event
the Contractor is unable to respond to a call for Emergency Services (hereinafter "Mutual Aid
Contract" or "Mutual Aid Service"). The company providing the Mutual Aid Service will be
hereinafter referred to as the "Mutual Aid Provider." In providing 9-1-1 Emergency Transportation
Services the Mutual Aid Provider must meet the same RFP requirements, response times, and
otherwise provide the same level of service, as Contractor is required to provide under the Contract.
The Mutual Aid Contract must be approved by the OCFA prior to provision of any service by
Contractor, such approval not to be unreasonably withheld. The intent of this RFP is that Contractor
will provide a sufficient level of coverage under the First Tier and Mutual Aid Services, such that
services under the Mutual Aid Service will only be needed in rare circumstances, if at all. Bids
submitted in response to this RFP should be designed to provide a sufficient level of First and Mutual
Aid coverage as to meet all of the demands for 9-1-1 Emergency Transportation Service calls within
the City of Santa Ana.
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City of Santa Ana
1.2.3 BLS and ALS Services
All Transportation Personnel assigned to perform 9-1-1 Emergency Transportation Services under
this Contract, whether under the First Tier Service and Mutual Aid Service, will provide Basic Life
Support ("BLS") services and transport patients to medical facilities when required. OCFA, in
cooperation with the Transportation Personnel, will provide on-scene Advanced Life Support
("ALS") services.
1.2.4 Minimum Qualifications of Transportation Personnel
All Transportation Personnel assigned to perform 9-1-1 Emergency Transportation Service under this
Contract, whether under the First Tier Service and Mutual Aid Service, must at all times meet the
minimum qualifications as listed in Section 5 of this RFP.
1.2.5 Compensation.
A. The winning Contractor's bid shall include the cost to provide both the First Tier and Mutual Aid
Service. Contractor's sole compensation for providing all of the 9-1-1 Emergency Transportation
Services under both the First Tier and Mutual Aid Service will be the amount bid. Contractor
will not be entitled to bill City, or OCFA, or any of its customers any additional amount for any
services provided under this Contract, unless it is first approved in writing by City of Santa Ana
and the OCFA.
B. Contractor's bid will include the provision of the Mutual Aid Service to the degree those services
are required. Contractor will be solely responsible for compensating the Mutual Aid Provider for
any 9-1-1 Emergency Transportation Services it may provide in the City of Santa Ana under this
Contract, which compensation will be at the rate set forth in the Mutual Aid Contract or as
otherwise required by law. Contractor and the Mutual Aid Provider will not have any recourse
against the City of Santa Ana or OCFA to recover for any 9-1-1 Emergency Transportation
Services provided under either the First Tier Service or Mutual Aid Service, except as specifically
authorized in the Contract. Contractor's sole compensation will be the amount of its winning bid.
In the event of a dispute between the Mutual Aid Provider and Contractor, the Mutual Aid
Provider's sole remedy will be against Contractor. This fact will be clearly stated in the Mutual
Aid Contract, and Contractor must agree to indemnify and defend City of Santa Ana and OCFA
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June 14, 2012
25F-23
City of Santa Ana
against any claims or demands arising out of, or which are in any way related to, any services
provided under the Mutual Aid Service.
1.2.6. Billing -
A. City of Santa Ana will be solely responsible for the billing and collection of amounts owed by
customers/patients provided 9-1-1 Emergency Transportation Services in the City, whether for
services provided by Contractor, the Mutual Aid Provider, OCFA, City, or their respective
employees, agents, volunteers, or subcontractors. As part of its billing process, City, in its
discretion, will also bill for services provided by City of Santa Ana or OCFA personnel.
Contractor and the Mutual Aid Provider will actively cooperate with City of Santa Ana to provide
whatever information or assistance City of Santa Ana may reasonably require so that it can
process customer/patient billings in a timely manner. This will include, but is not limited to,
Contractor providing City of Santa Ana with a detailed list of all the 9-1-1 Emergency
Transportation Services provided by both the Contractor and the Mutual Aid Provider during the
preceding month. The specific information to be provided by Contractor in the monthly reports
will be determined by City, and may be modified by City of Santa Ana from time to time to meet
its reasonable needs.
B. The entire proceeds of all such billings or collection efforts will be the sole property of the City of
Santa Ana. Neither Contractor nor the Mutual Aid Provider will have any right to the proceeds of
any billings or collections for services provided under the First Tier Service or Mutual Aid
Service, or for any other services provided under the Contract, unless specifically authorized in
writing by City of Santa Ana. Contractor must design its bid so that the amount bid will be
sufficient to provide the required level of services under both the First Tier Service and the
Mutual Aid Service, without expecting any additional amounts.
C. Optional Billing Component. Proposers may submit a proposal to perform billing on behalf of
the City of Santa Ana. Such proposal should include cost methodology based on an annual or per
transport basis.
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25F-24
0 City of Santa Ana
1.2.7. Term
The Contract awarded under this UP is for an initial three (3) year term, with 9-1-1 Emergency
Transportation Service beginning at 0800 hours on the contract effective date and ending on three
years thereafter at 0800 hours, with two (2) optional one-year extensions.
1.2.8. Annual Review
The Contract is subject to annual review based on the criteria specified in the Contract and as outlined
herein. The City's intent is to contract with and hold accountable those parties working with and on
behalf of the City of Santa Ana and OCFA in providing 9-1-1 Emergency Transportation Service to
the citizens and visitors of Santa Ana.
The Contractor is required to provide type III emergency transport (ambulance) vehicles (including
all costs related to maintenance, fuel, insurance, repair costs and communication equipment) for all 9-
1-1 Emergency Transportation Services provided under the First Tier and Mutual Aid Service. The
Mutual Aid Service shall also be required to meet the same personnel and vehicle requirements as are
required for the First Tier and Mutual Aid Service.
1.3 NOTICE INVITING PROPOSALS
Only contractors qualified under the Phase I RFP are allowed to submit a Phase II proposal.
1.4 REJECTION OF BIDS
At the sole discretion of City, City of Santa Ana reserves the right to reject any or all prequalification
applications and RFP bids, in whole or in part, and is not bound to accept any. The RFP bid may be
rejected by the City of Santa Ana if it is in any way incomplete, irregular or if it contains material
misrepresentations of fact or omits material information required.
1.5 COST OF PREPARATION
Proposers assume all costs associated with the preparation of their bid proposals and any oral
presentations that may be necessary or required throughout the procurement process.
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25F-25
City of Santa Ana
1.6 UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or
requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they
significantly change or clarify the RFP requirements or any aspect of the procurement process, will be
forwarded by addenda to all Proposers. The City of Santa Ana will not be bound by any oral
responses to inquiries. By submitting bid proposals, Proposers assert that they have fully read the
RFP and any addenda issued by City, the proposed Contract and any other Contract Documents, and
affirm that the terms and conditions stated therein are fully understood and are acceptable to the
Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates
their ability and willingness to perform the requested services under such terms and conditions. Any
exceptions to the terms and conditions set forth in the Contract Documents should be clearly noted in
each Proposer's proposal. Please direct all questions regarding the procurement process to:
Scott Brown, EMS Battalion Chief
Email: scottbrown(a)ocfa.org
Phone: 714-573-6071
OR
Jim Ruane, Finance Manager
Email: jimruane(a,ocfa.org
Phone: 714-573-6304
OR
Eva Goods, Buyer
Email: e2oods(&santa-ana.or2
Phone: 714-647-6584
1.7 CONTRACTOR SELECTION AND AWARD
The award of contract under this RFP will be made by the City of Santa Ana. All Proposers will be
notified in writing at the conclusion of the procurement process as to the results of the bid proposal
evaluation process and the final award recommendation. Proposers will receive mailed award/non-
award notification, which will include the name of the Proposer awarded a contract.
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25F-26
rv City of Santa Ana
SECTION 2
ADMINISTRATION
2.1 BID PROPOSAL SUBMISSION PROCESS
The City of Santa Ana is committed to providing and maintaining the highest levels of emergency
response service possible to the public. In conjunction with OCFA, the provision of the 9-1-1
Emergency Transportation Service pursuant to this RFP process is a critical part of the City's
continuing efforts to achieve this objective.
2.2 MANDATORY BID PROPOSAL PRE-SUBMISSION CONFERENCE
A bid proposal pre-submission conference will be held at the Orange County Fire Authority on
Wednesday, June 27, 2012 at 1:00 P.M. Attendance at the bid proposal pre-submission conference is
mandatory for all ambulance service operators who are approved during the Phase I process and
wish to submit a bid proposal and compete in the RFP Phase 2 process. The conference will be held
in the OCFA Board Breakout Room.
The purpose of the conference is for City of Santa Ana staff to respond to any questions,
concerns, comments and/or suggestions concerning the procurement process, which have been
submitted in advance and in writing to the OCFA Clerk of the Authority. All questions must be
submitted by Wednesday, June 20, 2012 to Scott Brown. The conference is also an opportunity for
City of Santa Ana staff and OCFA to clarify bid specifications and requirements before submission.
All written inquiries submitted by Proposers and the answers given by City of Santa Ana staff during
the bid proposal pre-submission conference will be presented at the Phase 11 Mandatory Bid
Conference. Proposers who do not attend the bid proposal pre-submission conference, or who do not
make arrangements to send a representative to attend the conference, will not be eligible to continue
in the RFP process.
2.3. BID PROPOSAL SUBMISSION REQUIREMENTS
2.3.1 Bid Proposal Submission Due Date
In order to compete in the RFP process, all bid proposals must be completed and received by the
Clerk of the Authority no later than 3:00 P.M., on Monday, July 9, 2012 ("Submission Due
Date" J. Bid proposals must be hand-delivered or sent via courier/messenger to the OCFA Clerk of
the Authority. Do not send bid proposals via U.S. Mail. All proposals must be sealed and submitted
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25F-27
~.; City of Santa Ana
to the Clerk of Authority in accordance with the required format and in the manner prescribed herein
by the Submission Due Date.
A signed original bid proposal plus five (5) copies and one electronic copy on a CD or flash drive of
the proposal must be received by the Clerk of the Authority no later than 3:OOP.M. on Monday, July
9, 2012 for public opening. Proposers are strongly encouraged to submit their bid proposals in
advance of the due date to avoid the possibility of missing the 3:00 P.M deadline due to unforeseen
circumstances. Proposers assume the risk of the methods of dispatch chosen. City of Santa Ana or
OCFA assumes no responsibility for any delays whatsoever caused by any courier, delivery, or
messenger service. Bid proposals must be date and time stamped by the Clerk of the Authority on time
by the 3:OOP.M. Submission Due Date in order to be considered. Additional time will not be granted to
any single Proposer; however, additional time may be granted to all Proposers when, at its sole
discretion, the City of Santa Ana or OCFA determines that circumstances require additional
submission time. Bid proposals sent to OCFA via U.S. Mail, Fax, or E-mail will NOT be accepted.
No amendments, additions, deletions, or alterations to submitted bid proposals will be accepted by the
Clerk of the Authority after the Submission Due Date. Bid proposals received after 3:00 P.M. on the
Submission Due Date will be returned unopened.
2.3.2 Bid Proposal Submission Instructions: Required Format
All bid proposals must be submitted in accordance with the following requirements:
A. Proposal Binders: All bid proposals must be submitted in three-ring binders, which are not larger
than twelve inches by twelve inches (12"x12");
B. Original + Copies: The original signed bid proposal shall be clearly marked "ORIGINAL" and
five (5) copies and one electronic of the bid proposal, including any attachments, must be sent
under seal to the OCFA Clerk of Authority by the Submission Due Date and time;
C. Early Bids: Bid proposals received by OCFA prior to the Submission Due Date will be date and
time stamped and secured by the Clerk of the Authority;
D. Title Pave: All bid proposals must be clearly marked on the outside binder cover with a title page
containing the following information:
i. Name of ambulance transportation service operator (i.e., the Proposer);
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25F-28
0 City of Santa Ana
ii. Name of RFP and RFP #JRSB002;
iii. Proposer address and telephone number;
iv. Proposer authorized contact person;
v. Proposer authorized contact person's signature;
vi. Bid proposal submission date; and
vii. Marked as original submitted copy
E. Bid Format
To facilitate the bid proposal review process, all bid proposals must strictly adhere to the format,
table of contents, titles, page limits, and numbering for requested information items as set forth in
Section VII, Bid Proposal Submission Forms. Any deviation from the Section VII format and the
required Bid Proposal Submission Forms may result in disqualification, at the City's discretion.
All Proposers must strictly adhere to the following rules in preparing their bid proposals, and any
deviation may result in disqualification:
i. Use only standard one inch (1") margins;
ii.Use only size 12 font;
iii. Use only single-sided pages;
iv. Observe all page limit requirements, as specified;
v. Use proposal binders no larger than 12"x 12";
vi. Use tabs or dividers to separate bid response sections.
F. Complete Answers & Responses
All bid proposals must provide answers to all questions and provide complete responses to each
and every requested item and category as specified in Section VII. Specific submission data have
been provided for your convenience for each submission item. Proposers are required to supply,
at a minimum, the items listed for specific submission. Proposers are permitted, within the
prescribed page limits, to submit additional information that they deem helpful in the evaluation
and grading process. Failure to provide answers to all questions and complete responses to all
requested item categories may result in disqualification, at the City's discretion;
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^r City of Santa Ana
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G. Table of Contents
Bid proposals must include a table of contents listing the individual information as requested by
section and set forth in Section VII, Bid Proposal Submission Forms, and their corresponding
page numbers. Tabs or dividers must be used to clearly separate each of the individual sections;
H. Cover Letter
Bid proposals must include a cover letter on official letterhead describing the Proposer, and must
include the following information:
i. The official name of the Proposer, and stating the Proposer's interest in participating in the
RFP;
ii. The Proposer's organizational structure (e.g. corporation, partnership, limited liability
corporation, or otherwise);
iii. The jurisdiction in which the Proposer is organized and the date of such organization;
iv. The address and telephone number of the Proposer's headquarters and of any local office
involved in the bid proposal;
v. The Proposer's Federal Tax Identification Number;
vi. The name, address, telephone, fax numbers, and e-mail address of the person(s) who will
serve as the authorized contact(s) to the City/OCFA with regards to the bid proposal, the
RFP process, the Contract Documents, and the administration of the contract, if awarded,
with authorization to make representations on behalf of and to bind the Proposer;
vii. Provide applicable authorized signature documentation, pursuant to Proposer's
organizational structure/bylaws, verifying the authority of the person signing the original
bid proposal to commit to the proposal on behalf of the Proposer;
viii. A representation that the Proposer is in good standing in the State of California and has
obtained all necessary licenses, permits, certifications, approvals, and governmental
authorizations necessary in order to perform all of the required performance obligations
specified herein;
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. City of Santa Ana
ix. A representation that the Proposer is in good standing in the Medicare and Medi-Cal
programs and is not the subject of any pending actions, investigations, or prosecutions,
whether civil, criminal, or administrative, relating to their billing or reimbursement
practices, and that Proposer has not been excluded from any state or federal healthcare
program or employs any individual who has been excluded from any state or federal
healthcare program.
x. Statement of acceptance of all terms, conditions, requirements, and performance criteria
contained in the Contract Documents; and
xi. Any additional information Proposer deems relevant for consideration during the selection
process.
1. Photographs
Proposers may submit, as part of their bid proposal, a maximum of three (3) pages of color
photographs or other renderings depicting their ambulance service facilities, operation, and/or
personnel. Such photographs are to be inserted at the end of the bid proposal;
J. Non-Collusion Certificate
Each Proposer must execute and submit with each bid proposal the Non-Collusion Certificate in
Section 7; and
K. Compliance
Bid proposals that do not strictly adhere to the format requirements and rules set forth herein may
be disqualified at the sole discretion of the City of Santa Ana and OCFA.
2.4. PUBLIC OPENING OF BID PROPOSALS
2.4.1 Bid Proposal Opening.
All bid proposals received on time by the Submission Due Date will be publicly opened. The
public opening will be held at the OCFA site time on Monday, July 9, 2012 at 3:OOP.M.
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2.4.2 Late Submission.
Bid proposals received after 3:00 P.M. on Monday, July 9, 2012 on the Submission Due Date
will be returned unopened and will not be considered.
2.5 BID PROPOSAL EVALUATIONS
2.5.1 Competitive Process.
The Proposal Grading Panel will evaluate and rate each bid proposal according to established
criteria. The primary competitive bid criteria for this RFP are:
A. Experience of the Proposer;
B. Financial strength/stability of the Proposer;
C. Cost to City;
D. Quality of service to be provided;
E. Level of service to be provided;
F. Experience and qualifications of the Transportation Personnel who will provide services to
the City of Santa Ana under the proposed contract;
G. Training of replacement Transportation Personnel when one or more leaves; and
H. Whether a Proposer is responsible. The term "responsible" refers not only to the attribute of
trustworthiness, but also to the quality, fitness, and capacity of the Proposer to perform the
proposed services satisfactorily and in accordance with the specifications and delivery
criteria set forth herein.
At the conclusion of the evaluation process, the Proposal Grading Panel will make a final
contract award recommendation(s), which will be presented to the Santa Ana City of Santa Ana
Council. The City of Santa Ana Council may accept the professional Grading Panel's award
recommendation and award the contract pursuant to that recommendation. Alternatively, the
City of Santa Ana Council may award the contract to another prequalified Proposer upon
conducting its own review and evaluation of the grading criteria, scoring materials, final scores,
bid proposals submission materials, and other pertinent information.
2.5.2 Proposal Grading Panel.
Bid proposals will be reviewed and evaluated by a Proposal Grading Panel. City/OCFA staff
will participate and appoint the members of the Proposal Grading Panel.
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Following an initial bid proposal evaluation process, the grading panel will select finalists for
possible onsite visits and oral presentations. Oral presentation concerning the Proposer's
proposal, all of which may be videotape recorded, will be limited to 30 minutes per
presentation. During the oral presentations the Proposal Grading Panel will listen to the
Proposer's presentation and may ask questions of the Proposers and/or request amplification,
explanation, or further information regarding their proposal. Additional presentation time may
be allotted at the sole discretion of the panel.
2.6 ADMINISTRATIVE
2.6.1 Bid Proposal Deposit.
All bid proposals must include a $2,500 deposit in the form of a cashier's check made payable
to the City of Santa Ana ("Bid Proposal Deposit"). Bid Proposal Deposits will be refunded in
their entirety to all Proposers that voluntarily withdraw their proposal prior to the Public
Opening, and to all Proposers who complete the process but are not ultimately selected. Bid
Proposal Deposits are due by 3:OOPM on Monday, July 9, 2012.
2.6.2 Oral Presentations.
Oral presentations may be requested of all Proposers at any time throughout the procurement
process.
2.6.3 Proprietary Information.
All bid proposals and documents submitted in response to this RFP shall become the property
of the City. It is the responsibility of each Proposer to clearly identify any and all information
contained in their bid proposal that it considers to be confidential and/or proprietary. To the
extent that City of Santa Ana agrees with that designation, and it is consistent with the Public
Record Act requirements, the City of Santa Ana will seek to protect that information from
disclosure. All other information will be considered public. However, all information regarding
the procurement process will not be disclosed to the public or be subject to disclosure pursuant
to the California Public Records Act (Government Code §6250 et seq.) during the deliberative
process, until such time as evaluations have been completed and final award recommendations
have been made to the Council. In the event that a demand is made for disclosure of
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information designated by a Proposer as being "confidential and/or proprietary," City of Santa
Ana will notify the Proposer in writing of such demand and shall furnish a copy of City's
written response to the requestor. If the City of Santa Ana intends to disclose documents which
Proposers believe to be confidential, Proposers may then pursue, at their sole cost and expense,
all appropriate legal action necessary to maintain the confidentiality of those documents.
2.6.4 Voluntary Withdrawal of Bid Proposal
A Proposer may, upon written notice to City of Santa Ana and OCFA, voluntarily withdraw
their bid proposal at any time prior to the Public Opening. Withdrawal of a bid proposal will be
subject to verification of the identity of the requestor and confirmed with the Proposer's
authorized representative. A receipt for the return of any unopened bid proposal will be
prepared by the OCFA Clerk of Authority and signed by the Proposer's authorized
representative. Proposers requesting to withdraw their bid proposal prior to the Public Opening
will be entitled to a full refund of their Bid Proposal Deposit. Proposers requesting to withdraw
their bid proposal after the Public Opening will forfeit their Bid Proposal Deposit.
2.6.5 Cancellation of RFP Process
The City, in its sole and absolute discretion, may cancel this RFP at any time if it determines
cancellation is in the best interest of the City of Santa Ana or OCFA.
2.7 BID PROPOSAL REJECTION
2.7.1 At the sole discretion of the City, City of Santa Ana and OCFA reserves the right to reject any
and all bid proposals, in whole or in part, and is not bound to accept the lowest proposal (or the
proposal prices for services). In such event the City of Santa Ana Council, in its discretion, may
direct the issuance of a new RFP.
2.7.2 A bid proposal may be rejected by the City of Santa Ana and OCFA, in its sole discretion, for
failure to comply with the requirements set forth in this RFP, for providing inaccurate or false
information, or for other reasons that the City of Santa Ana determines create or may create a
hindrance or impairment to the objective evaluation of such proposal.
2.7.3 The City of Santa Ana and OCFA reserves the right, in its sole discretion, to waive any and all
bid proposal irregularities or informalities that the City of Santa Ana deems correctible or
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otherwise not relevant. In the event of a bid proposal irregularity or informality, the Proposer
may be required to immediately correct and/or resubmit, in whole or in part, its bid proposal.
2.7.4 A bid proposal may be rejected by the City of Santa Ana and OCFA, in its sole discretion, if it
is in any way incomplete, irregular, or if it contains material misrepresentations of fact or omits
material information required. Bid proposals that do not strictly adhere to the format
requirements set forth in this RFP may be rejected.
2.7.5 A bid proposal may be rejected or disqualified by the City of Santa Ana and OCFA upon
evidence that the Proposer may have engaged in corrupt, fraudulent, and/or illegal practices
involving the performance, administration, or award of a similar contract in another
jurisdiction.
2.7.6 Bid proposals that take exception to the RFP specifications and/or delivery criteria, or terms
and conditions of the Contract Documents may be rejected.
2.7.7 Bid proposals that do not provide all information requested in this RFP may be rejected as
incomplete.
2.7.8 In the event a bid proposal is rejected, the City of Santa Ana and OCFA will notify the
Proposer in writing, which shall explain the specific reason(s) for the rejection.
2.8 AWARD PROTEST
The award of contracts under this RFP will be made by the City of Santa Ana at the recommendation
of OCFA. All protests shall be made in writing, signed and addressed to:
Eva Goods, Buyer
20 Civic Center Plaza, Rm 429
Santa Ana, California 92702
Protests shall state the reason(s) for the protest, citing the law, rule, regulation or procedure on which
the protest is based. If a protest is based on what appears to be an erroneous assessment of the ability
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of a Proposer to meet the RFP specifications and requirements, the protester must provide facts and
evidence to support the claim. If the protest is sent via U.S. mail, it must be sent certified or
registered. All protests shall be submitted no later than ten (10) working days from notification.
2.9 PROPOSED SCHEDULE OF EVENTS
Action Date
A Final RFP Issued Thursday, June 14, 2012
B Deadline for receipt of all questions
regarding the RFP Wednesday, June 20, 2012
C Mandatory Bid Proposal Pre-
Submission Conference Wednesday, June 27, 2012 at 1:00 P.M. in the OCFA
Board Breakout Room
D • Bid Proposal Submission Due Date
Deposit Due
• Bid Proposal
Monday, July 9, 2012 at 3:00 P.M.
E Bid Proposal Submission Public
Opening Monday. July 9. 2012
F
F Proposal Grading Panel Evaluation
Process 2
Tuesday, .luly 10, 2012
Proposal Grading Panel-
Recommendations Tuesday. July 24, 2012 (Tentative)
H Final Recommendations, Selection
and Contract Award Monday, August 6, 2012 (Tentative)
I Final date for submission of Award
Protests TBD
J Execution of Contract TBD
K Contract Performance Start Date TBD
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SECTION 3
GENERAL TERMS AND CONDITIONS
3.1 PROPOSED CONTRACT
The proposed Contract is attached to this RFP as Attachment No. 1. Please review the terms of the
proposed Contract carefully (the "Contract" or the "Agreement"). Where there is a discrepancy in the
terms of this RFP and the terms of the Contract, the terms of the Contract shall prevail.
3.2 CONTRACT DOCUMENTS
The Contract entered into by the successful Proposer shall consist of the:
3.2.1 Executed Contract between the City of Santa Ana/OCFA and Contractor attached as Attachment
No. 1 to this RFP.
3.2.2 RFP
3.2.3 Signed, original bid proposal(s) submitted by the successful Proposer ("Bid Proposal")
The Executed Contract, the RFP, and the Bid Proposal(s), submitted by the successful Proposer will
be incorporated and made a part of the Contract and shall be hereinafter collectively referred to as the
"Contract Documents." All provisions of the RFP, the Bid Proposal(s), and the contract shall be
binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract
Documents, the provisions of the Contract, then the provisions of the Proposal, then the provisions of
the RFP shall control.
For purposes of this section the successful Proposer shall be referred to as the "Contractor."
3.3 CONTRACT MODIFICATION AND AMENDMENTS
Once a Contract has been awarded and executed, the parties may adjust the specific terms of the
Contract Documents from time to time where circumstances beyond the control of either party require
modification or amendment. Any modification or amendment proposed by the Contractor must be
submitted in writing to the City of Santa Ana, OCFA, and OCEMS for consideration. The decision to
modify or amend any term or condition of the Contract Documents shall be at the sole discretion of
the City of Santa Ana and OCFA and will require concurrence from OCEMS. Any agreed upon
modification or amendment must be in writing, approved by all parties.
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3.4 CONTRACT ADMINISTRATION
The OCFA Fire Chief, or his designee, shall be the authorized representative in all matters pertaining
to the RFP process. The contract awarded pursuant to this RFP for the provision of 9-1 -l Emergency
Transportation Service to the City of Santa Ana shall be administered by the OCFA Fire Chief, or his
designee.
3.5 CONTRACT EFFECTIVE DATE
The effective date of the contract awarded pursuant this RFP shall be TBD, ("Effective Date") at
which time Contractor will assume full responsibility for the provision of 9-1-1 Emergency
Transportation Service within the City of Santa Ana, as outlined in this RFP. The Effective Date may
be postponed at the sole discretion of the OCFA Fire Chief or designee in order to protect public
health and safety or in the event a successful Proposer/Contractor is for any reason unable to
commence performance at that time.
3.6 CONTRACT TERM
3.6.1 Term
The exclusive contract awarded pursuant to this RFP are for an initial three (3) year term,
ending at TBD. The contract shall automatically expire at the end of the initial three year term,
unless extended as provided below.
3.6.2 Contract Extension
Upon the mutual written agreement of the parties, the contract may be extended for up to two
(2) additional one (1) year periods (for a possible total of 5 years). Successful past performance
during the initial contract period will be a critical factor in the decision to grant an extension.
The decision to either grant or deny a contract extension(s) shall be final. The decision to grant
an extension shall be made by the City of Santa Ana and OCFA. At the end of the initial
contract term, or if extended at the end of the extended term, the Contract awarded pursuant to
this RFP shall automatically terminate.
3.6.3 Termination.
Once the Agreement is executed, it may be terminated as follows:
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A. The Agreement may be terminated by either party, with or without cause, upon ninety (90)
days prior written notice to the other party.
B. CITY OF SANTA ANA or OCFA may terminate the Agreement for Cause by providing
CONTRACTOR thirty (30) days prior written notice of termination for Cause and the
factors constituting Cause. CONTRACTOR will have thirty (30) days to cure any alleged
breach, prior to termination for cause under this section.
C. CITY OF SANTA ANA or OCFA may terminate the Agreement immediately if the OCFA
Fire Chief or designee (in their reasonable discretion) determines that continued operations
by CONTRACTOR following the breach would constitute a danger to the public health,
safety or general welfare.
3.7 INSURANCE
Contractor must provide, to the satisfaction of the City of Santa Ana and OCFA, insurance in
accordance with the following requirements:
3.7.1 Prior to beginning the provision of 9-1-1 Emergency Transportation Service under this
Agreement, CONTRACTOR must provide to the satisfaction of the CITY OF SANTA ANA
and OCFA, certificates of insurance and endorsements evidencing the policy or policies of
insurance in the types and amounts set forth below. CONTRACTOR shall at all times
during the term of this Agreement carry, maintain, and keep in full force and effect, the
following minimum scope of insurance coverage:
A. Commercial General Liability Insurance in an amount not less than $10,000,000 per
occurrence, written on an occurrence form. If the policy carries an annual aggregate,
such aggregate shall be in an amount not less than $10,000,000 per occurrence.
B. Ambulance Medical Malpractice Insurance in an amount not less than $3,000,000 per
occurrence. If the policy carries an annual aggregate, such aggregate shall be in an
amount not less than $6,000,000 per occurrence. Such insurance coverage may be
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combined with either the general or automobile liability coverage; provided, however,
if the insurance coverage is so structured, the combined coverage shall be in an amount
not less than $5,000,000 per occurrence, with an annual aggregate of not less than
$10,000,000.
C. Comprehensive Business Automobile Liability Insurance in an amount not less than
$3,000,000 per occurrence, covering owned, non-owned and hired vehicles, written on
an occurrence form. If policy carries an annual aggregate, such aggregate shall be in an
amount not less than $6,000,000 per occurrence. Contractor understands that it must
provide Business Automobile Liability coverage for all vehicles.
D. Workers' Compensation and Employers' Liability Insurance in a statutory amount for
workers' compensation and in an amount not less than $1,000,000 for employers'
liability. Such insurance shall contain a waiver-of-subrogation clause in favor of the
CITY OF SANTA ANA and OCFA, and their respective officers, officials, employees
and agents.
3.7.2 CONTRACTOR shall also comply with the following requirements:
A. If the above-required insurance coverage does not provide for an annual aggregate
which is twice the per-occurrence limit, in the alternative the insurance policy (policies)
shall be amended (by appropriate ISO endorsements) so that the policy limits apply
solely to this Agreement.
B. The above-required liability insurance shall be in a form which supports coverage for
the provisions of the indemnification clause required under this Agreement, including a
claim brought against the CITY OF SANTA ANA and/or OCFA for the injury to, or
death of an employee or agent of CONTRACTOR.
C. In the event of a claim (claims) against the above-referenced liability policies which
reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall
immediately notify CITY OF SANTA ANA and/or OCFA. In the event a claim
(claims) against the above-referenced liability policies which are reasonably expected
to deplete 90% of the aggregate limits, CONTRACTOR shall, at CONTRACTOR's
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expense, reinstate the aggregate limits at least to an amount equal to one-half of the
face amount of the aggregate limits on the policies.
D. All insurance required pursuant to this section shall be issued by a company authorized
by the Insurance Department of the State of California and rated A-VII or better by the
latest edition of Best's Key Rating Guide.
E. No insurance required herein shall provide for a deductible in excess of $5,000 or a
self-insured retention in any amount, without prior written consent of the CITY OF
SANTA ANA and OCFA; and, the granting or denying of such consent shall be at the
sole and absolute discretion of the CITY OF SANTA ANA and OCFA.
3.7.3 ENDORSEMENTS
A. All insurance required herein shall be endorsed to state that "Coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior to written notice by certified mail, return receipt requested, has been given to
the CITY OF SANTA ANA and OCFA."
B. The liability policies required herein, except for professional liability (if a stand-above
coverage), workers compensation and employers' liability, shall, by endorsement,
contain the following provisions:
i. "The CITY OF SANTA ANA and OCFA, and their respective officers, officials,
employees, representatives, and volunteers are hereby declared to be additional
insureds as respects the operations, activities, work, errors, or omissions of the
named insured arising out of or in connection with any contract or agreement with
the CITY OF SANTA ANA and OCFA."
ii. "This insurance is primary to, and shall not contribute with, any insurance or self-
insurance maintained by the City of Santa Ana or OCFA, or by any of the
designated additional insureds."
iii. "This 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."
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C) Worker's Compensation and Professional Liability policies shall be endorsed state that
the insurer waives all rights of subrogation against the CITY OF SANTA ANA and
OCFA, and their respective officers, officials, agents, employees, and volunteers for
losses arising from work performed by the CONTRACTOR under this Agreement.
3.7.4 All insurance coverages shall be confirmed by execution of endorsements and certificates
of insurance. CONTRACTOR is required to file the completed policy endorsements and
certificates with CITY OF SANTA ANA and OCFA on or before the Effective Date of this
Agreement, and to thereafter maintain current endorsements on file with CITY OF SANTA
ANA and OCFA. The completed endorsements and certificates of insurance are subject to
the approval of CITY OF SANTA ANA and OCFA.
3.7.5 Nothing in this section shall be construed as limiting in any way; the Indemnification and
Hold Harmless clause contained in this Contract, or the extent to which CONTRACTOR
may be held responsible for payments of damages to persons or property.
3.7.6 CITY OF SANTA ANA or OCFA shall have the right at any time to review the coverage,
form, and limits of insurance required herein. If, in the sole and absolute discretion of the
CITY OF SANTA ANA and/or OCFA, the insurance provisions in this Agreement do not
provide adequate protection for the CITY OF SANTA ANA and/or OCFA, shall have the
right to require CONTRACTOR to obtain insurance sufficient in coverage, form, and limits
to provide adequate protection, and CONTRACTOR shall promptly comply with such
requirement. The CITY's and OCFA's requirements shall not be unreasonable, but shall be
adequate in the sole opinion of the CITY OF SANTA ANA and OCFA to protect against the
kind and nature of risks which exists at the time a change of insurance is required, or
thereafter.
3.7.7 Alternate forms of insurance, that meet the above requirements, must be approved by the
CITY's and OCFA's Risk Manager prior to submitting a proposal for any work under this
Agreement.
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3.7.8 The Mutual Aid provider shall be required to meet all of the insurance requirements in this
Section to the same degree as Contractor, and those requirements will be included in the
Mutual Aid Contract.
3.8 ASSIGNMENT
Except as provided herein, Contractor may not delegate, transfer or assign its rights or otherwise
transfer its obligations, in whole or in part, under the proposed contract to any other person or
entity without first obtaining the prior written consent of the City of Santa Ana and OCFA and
not for 180 days after the formal contract award. Any such assignment or transfer without the
prior written consent of the City of Santa Ana and OCFA shall be void, the attempted assignment
shall constitute a breach of the Contract, and if discovered during the bidding process will be
grounds for rejection of the bid. For purposes of this section, the following will be considered to
be a "transfer" or "assignment":
3.8.1 Any change in the business structure, including but not limited to, changes from or to: (a)
a sole proprietorship; (b) a partnership, including any change in the partners; (c) a
corporation, including any change in the shareholders, whether by operation of law or
otherwise;
3.8.2 Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver; or
3.8.3 A transfer by any of the owners, shareholders or members (whichever is applicable) of
Contractor of greater than ten percent (10%) of the ownership interest, stock or
membership interest (whichever is applicable) in Contractor's business, issued as of the
Effective Date by the Contractor, or the sale or transfer of over twenty-five percent (25%)
of the assets of the Contractor. In the event a Contractor experiences regular stock
exchanges in excess of the ten percent (10%) threshold, a separate agreement may be
negotiated to set a threshold that still provides the City of Santa Ana and OCFA with the
protections intended. The stock sale of a publicly traded corporation that does not
constitute a change in majority ownership will not be deemed a transfer of ownership for
purposes of this Section.
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3.9 AUDITS AND INSPECTIONS
3.9.1 Business Office.
At any time during normal business hours, and as often as may reasonably be deemed
necessary by the City of Santa Ana or OCFA, the City of Santa Ana or OCFA may
observe and inspect Contractor's business office, and Contractor must make promptly
available to the City of Santa Ana or OCFA for its examination all of Contractor's records
that pertain to performance of the Contract. The City of Santa Ana or OCFA may audit,
examine, and copy any and all Contractor records pertaining to their performance of the
contract, including but not limited to, personnel records, daily logs, conditions of
employment, and all other data. The City of Santa Ana or OCFA's right to inspect
Contractor's business office and any and all records pertaining to their performance of the
Contract will be restricted to normal business hours and reasonable notice shall be given to
Contractor in advance of such inspection.
3.10 COOPERATION
Contractor must cooperate with the City of Santa Ana and OCFA and take all actions necessary
to ensure that all terms and conditions, and required performance levels, set forth in the
Contract Documents are satisfied at all times throughout the contract term.
3.11 NON-COLLUSION CERTIFICATE
Each Proposer must execute and submit with each bid proposal the Non-Collusion Certificate
in Section 7. If there is reason to believe that collusion exists among Proposers, all bid
proposals submitted will be rejected and none of the participants in such collusion will be
considered in any future RFP.
3.12 INDEPENDENT CONTRACTOR
Both parties in the performance of the Contract shall be acting in an independent capacity of
Santa Ana one from the other, and not as agents, employees, partners, or pursuant to a joint
venture with one another. The parties understand and agree that Contractor and its employees
(which term specifically includes, but is not limited to, the Transportation Personnel) are not
employees of the City, the County or OCFA, and are not entitled to any of the rights, benefits, or
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City of Santa Ana
privileges of City, County or OCFA, employees including, but not limited to, medical,
unemployment, or workers' compensation insurance.
3.13 INDEMNIFICATION
CONTRACTOR agrees to defend, indemnify, hold free and harmless the CITY OF SANTA
ANA and OCFA, and their respective officers, officials agents, employees and volunteers, at
CONTRACTOR's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the CITY OF SANTA ANA or OCFA, or their respective officers,
officials, agents, employees or volunteers, arising out of the performance of the
CONTRACTOR, its employees, agents and/or authorized subcontractors, of the work
undertaken pursuant to the Agreement, specifically including but not limited to the 9-1-1
Emergency Transportation Service.
The defense obligation provided for hereunder shall apply without any advance showing of
negligence or wrongdoing by the CONTRACTOR, its employees, agents 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 the CONTRACTOR, its employees,
agents and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit
asserts liability against the CITY OF SANTA ANA or OCFA, or their respective officers,
officials, agents, employees or volunteers, based upon the work performed by the
CONTRACTOR, its employees, agents and/or authorized subcontractors under this Agreement,
whether or not the CONTRACTOR, its employees, agents and/or authorized subcontractors are
specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the
CONTRACTOR shall not be liable for the defense or indemnification of the CITY OF SANTA
ANA or OCFA for claims, actions, complaints or suits arising out of the sole negligence or
willful misconduct of the CITY OF SANTA ANA or OCFA.
The Mutual Aid Provider shall be required to include the same language in the Mutual Aid
Contract, indemnifying the City of Santa Ana and OCFA to the same degree as Contractor.
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3.14 COMPLIANCE WITH LAWS
All services provided by Contractor pursuant to the Contract Documents must be rendered in full
compliance with all applicable federal, state, and local laws, rules, statutes, and regulations. It
will be Contractor's sole responsibility to determine which federal, state, and local laws, rules,
statutes, and regulations apply to the services to be performed pursuant to the Contract
Documents, and to maintain compliance at all times throughout the Contract term.
3.15 RESPONSIBILITY
Except as may be specifically stated herein to the contrary, it shall be the responsibility of
Contractor to provide all Transportation Personnel with whatever resources and equipment are
necessary to perform the 9-1-1 Emergency Transportation Service, and to otherwise satisfy all
of the terms and conditions set forth in the Contract Documents at all times during the Contract
term. Except where it may be specifically permitted in the Contract, Contractor may not use
any outside ambulance service providers or other resources to satisfy its obligations to provide
9-1-1 Emergency Transportation Service to the City of Santa Ana and OCFA, without first
obtaining the prior written consent of the City of Santa Ana. Notwithstanding the granting of
any such approval by the City of Santa Ana and OCFA, nothing stated herein shall relieve
Contractor of its duties and responsibilities under the Contract, and any additional cost incurred
shall not be charged to the County, City of Santa Ana or OCFA.
3.16 ACTS OR OMISSIONS OF REPRESENTATIVES
The acts and/or omissions of the owner(s), officers, operators, officials, employees, agents, and
representatives of the Contractor in the performance of the services and obligations under the
Contract Documents shall constitute the acts and/or omissions of the Contractor.
3.17 INSOLVENCY
Contractors shall not, without the prior written consent of the City of Santa Ana or OCFA,
suffer either the appointment of a receiver to take possession of all, or substantially all of the
assets of Contractor, or make a general assignment of such assets for the benefit of creditors.
Any such action taken or suffered by Contractor under any insolvency or bankruptcy
proceeding constitutes a breach of contract by Contractor, and all property, equipment or
materials assigned by OCFA, the City of Santa Ana and/or the County to Contractor related to
---------- - - ----
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(9) City of Santa Ana
the provision of services under this contract shall be automatically "released" by Contractor and
returned back to the possession and control of the City of Santa Ana and OCFA. Following the
occurrence of any such event, the City of Santa Ana or OCFA may assign such property,
equipment or materials to another assigned service provider, in the City of Santa Ana's or
OCFA's sole discretion.
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SECTION 4
OPERATIONAL STANDARDS, PROCEDURES
AND
PERFORMANCE REQUIREMENTS
4.1 EMERGENCY RESPONSE COMMUNICATIONS SYSTEM
4.1.1 Communications Requirements
Contractors must comply with the following requirements concerning the installation, use,
operation, and maintenance of their Emergency Response Communications System:
A. Emergency Response Communications System must be operated and maintained by
Contractor twenty-four (24) hours per day, seven (7) days per week;
B. Contractor dispatch centers must be equipped with a secondary, emergency back-up
electrical system to insure uninterrupted twenty-four (24) service; and,
C. Contractor must provide and maintain, at its sole cost and expense, a dedicated point-to-
point telephone ring-down line between the OCFA Emergency Communications Center
and the Contractor's ambulance dispatch center.
D. All 9-1-1 Emergency Transport units assigned to the City of Santa Ana must at a
minimum be equipped with an 800 MHz communication device that allows
communication between OCFA personnel, OCFA dispatch center, and contractor
dispatch center. Tier 2 mutual aid units must meet same requirements.
E. At the City of Santa Ana and OCFA's discretion, AVL may be required on all 9-1-1
Emergency Transport units at contractors expense.
F. GPS/Route navigation is desirable.
4.1.2 Vehicle Communications
A. 800 MHz Mobile Radio
Contractors must install and maintain at their sole cost and expense, an OCFA approved
800MHz mobile radio in the front passenger area (with a remote head in the rear patient
area) of each ambulance that will be used for patient transport in the performance of the
contract. The 800MHz mobile radios with a pre-identified radio identifier and at the
discretion of the OCFA, configured to send status and message data, are to be used by
Contractors' EMTs and ambulance personnel to communicate response status with OCFA
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v City of Santa Ana
dispatch and by OCFA paramedics to communicate with base and receiving hospitals
during patient transport. Contractors must comply with the following 800 MHz mobile
radio requirements:
i. Contractors must obtain all necessary licenses, permits, and/or approvals from OCC
(and any other applicable licensing or permitting agency) to operate and maintain
their 800 MHz mobile radios as required herein in conjunction with the 800 MHz
C.C.C.S.;
ii. Contractors must comply with all federal, state, and local laws, rules, statutes, and
regulations governing the operation of 800 MHz mobile radios, including compliance
with 800 MHz C.C.C.S. Standard Operating Procedures;
iii. Contractors must ensure that their 800 MHz mobile radios are pre-assigned to a
vehicle with a pre-identified radio identifier and are configured to send status and
message data compatible with OCFA SmartNet Information Management System
(SIMS), and must include an OCFA approved and issued Motorola DEKbox with 8
status/message keys to transmit unit status (e.g., en route, on scene, and available
status functions); OCFA will configure the SIMS system to enable this feature on all
Contractor radios enabled on the 800 MHz C.C.C.S.; and
iv. All Contractor 800MHz mobile radios must meet OCFA, OCC, ECC, 800 MHz
C.C.C.S., and OCEMS specifications and requirements.
B. Mobile Data Computer System
Contractors must install and maintain, at their sole cost and expense, an OCFA approved
and issued mobile data radio at Contractors' dispatch center for purposes of sending and
receiving electronic emergency dispatch information, instructions, and call status.
Contractors must comply with the following mobile data radio system requirements:
i. MDC Radio
Upon the award of a contract and prior to the Effective Date, Contractors must
pay OCFA a onetime, non-refundable communications start-up fee of $3,500,
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"IN x? City of Santa Ana
which shall cover the following: (a) OCFA-issued and owned mobile data radio;
(b) OCFA-issued mobile data application software; (c) mobile data installation;
(d) mobile data programming; and (e) Mobile Data Radio and antenna to be
installed at the Contractor's expense, as specified by OCFA. All communications
equipment issued to Contractors by OCFA pursuant to this Section shall remain
the property of OCFA. The communications systems described in this Section
must be installed and fully operational prior to the Effective Date. Upon contract
termination, all OCFA-issued communications equipment must be returned to
OCFA within thirty (30) days. This fee may be waived by OCFA if Contractor
currently meets the specified requirements of this paragraph.
ii. Annual MDC Fee
Contractors must pay OCFA a $250 annual fee for MDC system operation and
maintenance, which shall be due and payable upon contract award and annually
thereafter.
iii. Personal Computer
Contractors must provide, at their sole cost and expense, and as part of their
Emergency Response Communications System, a personal computer having the
following minimum specifications: Intel Pentium 500 MHz or greater; 10.0 GB
Hard Drive; 256 Mb SDRAM; 2000XP OS; Color display VGA; Com Ports - 1
serial, 1 USB, 1 Parallel; CD ROM; and, Keyboard - Standard Qwerty 104.
iv. Mobile Application Software
Motorola Tx Messenger v3.0 software or greater as specified by OCFA.
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4.2 SERVICE HOURS
4.2.1 Service
Contractor must provide, at a minimum:
A. Transportation Personnel to fully staff the First Tier Service ambulances as provided by
the Contractor as part of this contract, such that those vehicles are able to provide twenty-
four (24) hour emergency ambulance transportation within the City, seven (7) days a
week, for the duration of the term of the contract.
B. A sufficient number of fully equipped Mutual Aid units, such that Contractor is able to
respond to all 911 and other emergencies calls in the City of Santa Ana and meet the
response time requirements set forth in Section IV(C) below.
C. Except to the degree that the RFP specifically provides for an exemption, during the term
of the Contract, Contractor shall provide sufficient resources such that Contractor is able
to respond to 100% of all 911 and other emergency calls in the City of Santa Ana by
means of the combined efforts of the First Tier Service and Mutual Aid Service within the
response time requirement.
4.2.2 Field Supervisor
Contractor must have an authorized field supervisor available to the City of Santa Ana and
OCFA personnel, either by radio or in person, on a twenty-four (24) hour, seven (7) day per
week basis during the term of the contract. The Field Supervisor must be assigned and staffed
in a separate non-transport unit.
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,. City of Santa Ana
4.3 RESPONSE TIMES
4.3.1 General Requirements
Contractors must respond to OCFA's requests for emergency ambulance transportation service
within the response times set forth in this Section. Response times will be calculated as the
actual elapsed time in minutes from the moment the request is received by the Contractor's
dispatch center to the time that the Contractor's first ambulance arrives on scene. Where
multiple ambulances are dispatched to the same emergency scene, only the response time of
the ambulance arriving first will be counted for purposes of calculating the response time.
4.3.2 Response Time Measurement
Response times are measured in full minutes, rounded upward. For purposes of measuring
compliance and for the imposition of any penalties, any partial minute will be rounded to the
next full minute. For example, a response time of 10:01 or 11:00 is counted as eleven minutes.
4.3.3 Response Times Required
Contractor must strictly adhere to the following required response times at a quarterly
compliance rate of ninety percent (90%) in each Code 2 and Code 3 categories, which shall be
reported separately:
Metro/Urban Requirements:
a. Code 3- Response time must not exceed ten (10) minutes, zero (0) seconds.
b. Code 2- Response time must not exceed fifteen (15) minutes, zero (0) seconds.
4.3.4 Response Time Reporting
Contractor must provide quarterly response time reports to the OCFA ("Quarterly Response
Time Reports"). If the Quarterly Response Time Reports are not submitted to the OCFA as
prescribed herein two (2) or more times in a single 12-month period, such omissions may
constitute breach of contract.
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4.3.5 Call Cancellation
in the event a call for service is cancelled prior to arrival, the response will be considered to be
within the response time requirement so long as the elapsed time between the call for service
and the cancellation does not exceed the applicable response time requirement. In the event the
elapsed time between the call for service and the cancellation is in excess of the applicable
response time requirement, the call will be considered late.
4.3.6 Quarterly Response Time Report - Format
The Quarterly Response Time Reports must be submitted by Contractor using an electronic
spreadsheet format. Whenever response times in either Code 2 or Code 3 categories fall below
the 90% compliance rate in any given quarter, Contractor shall include a narrative assessment
as to the cause of any response delay, and, if requested, shall meet and confer with the OCFA
Fire Chief or designee for purposes of establishing a plan for avoiding such delay in the future.
4.3.7 Exemptions to Response Time Requirements
The response time requirements set forth in this Section may be suspended and not enforced,
at the sole discretion of the OCFA, in unusual circumstances. There shall be no exemption for
response delays due to vehicle mechanical problems, driver error, traffic, weather, or mistake.
The response time requirements set forth in this Section will be suspended and not enforced
under the following limited circumstances:
A. High Call Volume: Responses to calls for service during periods of unusual system
overload or high call volume, which shall be determined at the sole discretion of the
OCFA;
B. Disasters: Responses to calls for service during an OCFA or city-declared disaster
occurring during a declared disaster in a neighboring jurisdiction, which has requested
emergency ambulance transportation or other mutual aid assistance from OCFA or the
City of Santa Ana. For purposes of this Section, a "declared disaster" means any
condition of disaster as declared or affirmed by the OCFA Fire Chief or his designee;
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C. Multiple Ambulance Response: For responses to calls for service where more than one
ambulance is dispatched to the same incident, only the response time of the ambulance
first to respond will be required to meet the required response time requirements;
D. Response Up/Downgrade: For Code 3 calls where the response priority code is
downgraded to Code 2 by OCFA while the ambulance is en route to the scene, the
response time standard for that call shall be recorded as a Code 2 call. If the response
priority code is upgraded from Code 2 to Code 3 by OCFA while the ambulance is en
route to the scene, the response time standard for that call shall be recorded as the number
of minutes for a Code 3 call plus the number of minutes already elapsed, not to exceed
the original total minutes for a Code 2 call;.
E. Return of OCFA Personnel: In the event that an ambulance is delayed in responding to a
call for service, or is hindered from providing a timely response, due to the need to
comply with the requirement that it return all OCFA personnel to their respective fire
stations, as described herein, the response time requirement for that call will be
suspended. This exemption will only apply for a call for service dispatch that occurs
while the ambulance is waiting for or actually returning OCFA personnel. It shall be the
Contractor's responsibility to document such circumstances, including the length of time
and the affected call(s) for service. Contractor must apply for a specific exemption as
provided below. Calls for service dispatches that occur after the ambulance has returned
OCFA personnel and while returning to any ambulance post location are not eligible for
this exemption.
4.3.8 Procedures to Request Response Time Exemption
Applications for receiving an exemption to the response time requirements must be submitted
by Contractor to the OCFA for approval. Such requests must accompany the Quarterly
Response Time Report for the period in which the exemption is requested. Requests for
exemptions outside of the current quarterly reporting period will not be considered. Each
request for exemption must include the following information:
A. The incident date;
B. The OCFA Incident Number(s);
C. A narrative summary of the incident;
D. Explanation for the cause of the response time delay; and
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City of Santa Ana
E. The specific exemption requested. The decision to either grant or deny a response time
exemption request will be made by the OCFA within thirty (30) days; the decision to deny
may be appealed to the Santa Ana OCFA Fire Chief or his designee, whose decision shall
be final.
4.3.9 Use of Alternative Methods to Meet Response Time Requirements
For purposes of maintaining compliance with the response time requirements established
herein, Contractor must negotiate and enter into a Mutual Aid Contract with an ambulance
service operator for the provision of 9-1-1 Emergency Transportation Service ("Mutual Aid
Provider"). Any ambulance provider selected to provide such services, and any agreement to
provide such services pursuant to this Section, must satisfy the following requirements:
A. The Mutual Aid Contract must be reviewed and approved by the City of Santa Ana and
OCFA prior to execution of the Contract awarded pursuant to this RFP and a copy of the
Mutual Aid Contract must be sent to the OCFA EMS Section Battalion Chief;
B. Mutual Aid Providers will be expected to perform 9-1-1 Emergency Transportation
Service in the City of Santa Ana in accordance with all of the operational standards,
procedures, and performance requirements set forth in the Contract Documents. Prior to
Contractor providing any 9-1-1 Emergency Transportation Service under the Contract,
the Mutual Aid Provider must acknowledge this obligation in writing to the City of Santa
Ana and OCFA.
C. Mutual Aid Providers and their employees must cooperate with the City of Santa Ana and
OCFA and must participate in any audit requested by the City of Santa Ana or OCFA
concerning their performance; and
D. Notwithstanding the above, Contractor, and not the Mutual Aid Provider will be
primarily responsible for ensuring compliance with all terms, conditions, standards, and
performance requirements set forth in the Contract Documents, including but not limited
to, the primary obligation to pay any penalties which may be imposed by the OCFA and
the payment of all fees and reimbursements.
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C City of Santa Ana
4.3.10 Disciplinary Actions for Failure to Meet Response Time Requirements/ Performance
Deficiency
A. Meet and Confer
Should a Contractor fail to meet the response time requirements set forth in this section in
any quarterly period, either for any single Code category or for the cumulative total of
Code 2 and Code 3 calls as outlined in section 4.3.3 -Response Times Required of this
RFP, the OCFA representative shall notify the Contractor and meet and confer with said
Contractor regarding performance and response time deficiencies. The purpose of this
meeting is to notify the Contractor of its deficiencies and to work with the Contractor to
ensure proper response time performance in the immediate future.
B. Penalties
At the discretion of the OCFA, monetary penalties may be assessed against a non-
compliant Contractor for failure to meet the response time requirements set forth in this
Section. Quarterly aggregate response times (i.e., in any quarterly period for any single
Code category) that are not in compliance with the response time requirements set forth
in this Section may result in the OCFA assessing the non-compliant Contractor with a
monetary penalty according to the following compliance and fine schedule:
Quarterly Responses That Are In
Compliance with Response Time
Requirements: Penalty Imposed*:
90% or Better None
85%-89.9% $5,000
80%-84.9% $7,000
Less than 79.9% $10,000
*Note: Penalties are for Code 21Code 3 reported separately and calculated separately.
In addition to the above response time penalties, the OCFA may assess monetary penalties
against Contractor for the following:
i. Turned Call Penalties
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I%Wior
Any calls for service that are not handled by the Contractor through the First Tier
or Mutual Aid Service, that require OCFA to request service from another
ambulance service operator, will result in the assessment of a "Turned Call"
penalty in the amount of $1,000 per occurrence. Contractor is to immediately
notify the OCFA EMS Chief of said occurrence within 24 hours. Failure to report
within 24 hours will result in an additional penalty of $500.
ii.Late Report/Late Payment Penalties
Any reports, fees, or reimbursements that are required to be submitted to the
OCFA Contractor pursuant to the Contract Documents (e.g., Quarterly Response
Time Reports, CQI, etc.) and that are not submitted on time may result in the
imposition of a $500 penalty per occurrence.
C. Corrective Action Plan
Situations which come to the attention of, or are reported to, the OCFA EMS Section
Battalion Chief and which appear to constitute a Contractor service or performance
deficiency or substantial inadequacy, as determined by the OCFA, shall be immediately
investigated by the OCFA. An example of such situation might be the Contractor's
failure to achieve at least a 90% response time performance in any single Code category
for a quarterly reporting period. At the discretion of the OCFA, a Corrective Action Plan
may be imposed on the Contractor to correct identified and verified performance
deficiencies and inadequacies. The OCFA authorized representative shall meet to develop
a written Corrective Action Plan (CAP) within fifteen (15) working days of the
identification and verification of the service or performance deficiency, or substantial
inadequacy, in accordance with the following CAP requirements:
i.CAP Format
The CAP shall describe the following:
(1) The service or performance deficiency, or substantial inadequacy shall be
identified; and
(2) The method by which Contractor is to correct the service or performance
deficiency, or substantial inadequacy, shall be outlined. Contractor shall sign
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C) City of Santa Ana
the CAP, thereby agreeing to the corrective action set forth in the CAP, with
any areas of disagreement noted in writing. A copy of the signed CAP shall be
furnished to Contractor at the conclusion of the CAP meeting.
ii.Correction Period
Correction of the service or performance deficiency, or substantial inadequacy,
shall occur within a period of not to exceed sixty (60) days from the
development of the CAP, unless the OCFA representative determines that
correction cannot be accomplished within the specified time frame. When
correction will take longer than sixty (60) days from the development of the
CAP, the CAP shall specify interim dates by which specific steps toward
correction of the service or performance deficiency, or substantial inadequacy,
will take place with the total time period not to exceed three (3) months.
iii.CAP Inspection/Compliance
The Fire Chief or his designee, shall visit and inspect Contractor's business
office, facilities, vehicles, personnel, and/or records to review and document
actions taken by Contractor to implement the CAP and shall document any
continuing service or performance deficiency, or substantial inadequacy, which
is not corrected within the specified time frame. In the event Contractor fails to
correct the service or performance deficiency, or substantial inadequacy
identified in the CAP within the time frame provided, OCFA may find
Contractor to be in material breach of the Agreement.
D. Timely Performance Required
Assessment of penalties or the imposition of a CAP, pursuant to this Section will not
relieve Contractor of the responsibility to meet all performance expectations as set forth
in the Contract Documents. Substandard cumulative response time performance (i.e.,
below the 90% compliance rate for combined Code 2 and Code 3 calls) in any two (2)
quarters in a single twelve (12) month period will constitute breach of contract, resulting
in the imposition of a Remedial Action Plan (RAP).
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?°?' ,.. City of Santa Ana
o
Failure to timely correct and cure any response time deficiency, after having been given
notice and a reasonable opportunity to cure such violation in accordance with an
established Corrective Action Plan (CAP) or failure to cure a breach of contract after the
imposition of a Remedial Action Plan (RAP), may constitute a material breach of the
Agreement. Additionally, consistent problems in meeting and/or maintaining the
response time requirements will be a key factor in determining whether to grant contract
extensions. This RFP requires the highest levels of performance, reliability, and
compliance with the established performance criteria and service delivery criteria, and the
mere demonstration of effort, even diligent and well-intentioned effort, will not substitute
for proper compliance.
E. Waiver
Any monetary penalty that may be imposed pursuant to this Section may be waived, upon
a showing of good cause, at the sole discretion of the OCFA whose decision shall be
final.
4.3.11 Emergency On-Scene Procedures
A. Contractors must perform as a part of the patient care team and must be able to perform
all BLS treatment modalities within their scope of practice, as required by OCEMS.
B. All ambulance Transportation Personnel assigned by Contractor to perform 9-1-1
Emergency Transportation Service under the contract must:
i. Be trained in Orange County EMS protocol and procedure;
ii. Work under the direction of the OCFA Incident Commander and/or the OCFA EMT-
Paramedic in charge of the patient(s) and/or incident;
iii. Fully cooperate with and abide by the instructions of the OCFA Incident Commander
and/or the OCFA EMT-Paramedic in charge of the patient(s) and/or incident;
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C) City of Santa Ana
iv. Place their apparatus and equipment at the scene in a safe location or as deemed
appropriate by the OCFA Incident Commander and must be mindful of the need for
safe operations, including the avoidance of exhaust fumes;
v. Not interfere with or assist OCFA personnel in any fire fighting or emergency rescue
operation;
vi. Request a secondary ambulance and/or field supervisor immediately upon determining
that their unit has suffered a mechanical failure or is or may become disabled, or upon
the request of an OCFA Incident Commander, and must likewise immediately inform
the OCFA Incident Commander of any mechanical failures; and,
vii. Be aware that safety is the responsibility of all personnel on scene; ambulance
personnel shall not enter or operate in unsafe environments.
4.3.12 Disaster Assistance
During a disaster, declared locally or in a neighboring jurisdiction, strict application of the
performance standards set forth in the Contract Documents may be temporarily suspended by the
OCFA in order to provide an appropriate response. While disaster coordination shall be provided
by OCFA, Contractor is expected to be actively involved in the planning and response to any
declared disaster. Upon notification of a disaster by OCFA, Contractor must immediately commit
any and all available resources and assist OCFA and the City of Santa Ana in accordance with
disaster plans and protocols applicable in the locality where the disaster has occurred. In the event
of a disaster, the following shall apply:
A. During such periods, Contractor will be released from the response time requirements until
notified by the OCFA Duty Officer that disaster assistance is no longer needed;
B. When disaster assistance is no longer needed, Contractor must resume performance pursuant
to the Contract Documents as quickly as is practical considering personnel exhaustion,
medical supply restocking needs, and other relevant considerations;
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C. While performing disaster assistance, Contractor shall provide supervisory assistance at the
command post or emergency operations center as requested and are to use best efforts to
provide local emergency coverage; Contractor must also suspend non-emergency transport
services as necessary, informing persons requesting non-emergency transport of the reason
for the temporary suspension;
D. During the course of a disaster, OCFA will work with Contractor to utilize mutual aid
providers who are authorized to perform such services within the County to meet the service
demands of the disaster.
4.3.13 Standard of Performance
Contractors must perform all work and services pursuant to the Contract Documents in a skillful
and workmanlike manner, and consistent with the standards generally recognized as being
employed by professionals in the private, emergency ambulance transportation field in the State
of California. Contractor must warrant that they are skilled in the professional calling necessary
to perform all work and services under the Contract Documents. Contractor must warrant, and
from time to time may be required by the OCFA to demonstrate, that all employees and
authorized subcontractors shall have sufficient skill and experience to perform the work and
services assigned to them under the Contract. Finally, Contractor must further represent that they,
their employees, and authorized subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the work and services under the
contract, and that such licenses and approvals shall be maintained at all times during the term of
the contract.
4.3.14 General Provisions
A. Return of OCFA Personnel
OCFA provides Advanced Life Support ("ALS") services from a variety of delivery
platforms, including engine and truck companies. In cases where OCFA personnel
accompany patients in the ambulance en route to hospitals or to other receiving facilities, and
the OCFA ALS unit does not follow-up to the hospital/receiving facility, the Contractor/ or
Mutual Aid Provider shall return those personnel to their assigned fire station(s) within 30
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City of Santa Ana
minutes from the conclusion of the run. The conclusion of the run is defined as the moment
when the patient has been transferred into the care of hospital/medical staff, the ambulance
crew has completed all required documentation, and the ambulance has been restocked and is
ready to be placed back in service. At the conclusion of the run, the ambulance crew is to
advise the accompanying OCFA personnel that they are ready to return them to their station.
If while returning OCFA personnel to their station, the ambulance receives another 9-1-1
emergency call, the ambulance may accept that call for service and take those returning
OCFA personnel to the new call at the discretion of the OCFA personnel on board.
B. 911 Calls for Service/Referral
The 9-1-1 Emergency Transport Ambulances must be able to respond 24 hours a day 7 days a
week to all 911 and other emergencies as required.
C. Performance
Contractor must demonstrate a continuous effort to detect and correct service level
performance deficiencies, as determined by the OCFA, and to continuously upgrade the
performance and reliability of the EMS system. Clinical and response time performance must
be extremely reliable, with equipment failure and human error held to an absolute minimum
through constant attention to performance, protocol, procedure, performance auditing, proper
management oversight, employee training, continuing education, and prompt and definitive
service level corrective actions plans.
D. Conflict of Interest
Proposers must certify that they are not, and will not be, violating either directly or indirectly
any conflict of interest statute, rule, or regulation by their performance of the services
described herein.
E. Complaints
Contractor must immediately notify the OCFA in writing of any complaints, inquiries, or
investigations initiated by OCEMS, the California Emergency Medical Services Authority,
and/or any other federal, state, or local regulatory agency regarding Contractor's services
performed pursuant to the Contract Documents, including but not limited to: level of service;
service delivery; service quality; billing practices; medical training; and personnel. Nothing
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in the Contract Documents shall be construed as superseding the authority of OCEMS or any
other duly empowered regulatory agency from separately and/or concurrently exercising its
authority to provide regulatory oversight and to take action to ensure that emergency
ambulance response services are administered according to law.
F. HIPAA Business Associate Assurances
Effective April 14, 2003, or such other implementation date established by law, to the extent
that the parties have a "business associate" relationship, the parties shall carry out their
obligations under the Contract Documents in compliance with the privacy regulations
published at 65 Federal Register 82462 (December 28, 2000) (the "Privacy Regulations")
pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance
Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification,
Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally
identifiable, protected health information ("PHI") that is collected, processed or learned as a
result of the services provided pursuant to the Contract. In conformity therewith, both parties
must agree that they will:
i. Not use or further disclose PHI except:
(a) As permitted under the Contract (that is, for the purpose of maintaining accurate
records of the services provided pursuant to the Contract and for the billing of such
services to patients, guarantors, insurers, carriers or other responsible parties; the
issuance of reports to the other party pertaining to same; and related administrative
functions pertaining to these activities);
(b) As required for the proper management and administration of ALS and BLS in their
capacity of Santa Ana as HIPAA "Business Associates" of each other; or
(c) As required bylaw;
ii. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by the
Contract;
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iii. Report to each other any use or disclosure of PHI not provided for by the Contract of
which a party becomes aware;
iv. Ensure that any agents or subcontractors to whom either party provides PHI, or who have
access to PHI, agree to the same restrictions and conditions that apply to both parties with
respect to such PHI;
v. Make PHI available to the individual who has a right of access as required under HIPAA;
vi. Make available for amendment and incorporate any amendments to PHI when notified to
do so by either party;
vii. Make available to either party the information required to provide an accounting of the
disclosures of PHI made by the one party on the other party's behalf, provided such
disclosures are of the type for which an accounting must be made under the Privacy
Regulations;
viii.Make their internal practices, books and records relating to the use and disclosure of PHI
available to the Secretary of the Department of Health and Human Services for purposes
of determining either party's compliance with HIPAA and the Privacy Regulations; and
ix. At the termination of the Contract, return or destroy all PHI received from, or created or
received by one party on behalf of the other party. In the event the return or destruction of
such PHI is infeasible, both parties' obligations under this Section shall continue in full
force and effect so long as either party possesses any PHI, notwithstanding the
termination of the Contract for any reason.
G. Medicare/Medi-Cal Participation
Contractor must warrant and represent that they are enrolled providers in good standing in the
Medicare and Medi-Cal programs and are not the subject of any pending actions,
investigations or prosecutions, whether civil, criminal or administrative, relating to their
billing or reimbursement practices, and that Contractor shall not employ or utilize individuals
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 45
June 14, 2012
25F-64
0 City of Santa Ana
for the performance of services hereunder who have been excluded from any state or federal
health care program. Contractor must agree to notify the OCFA of any imposed exclusions or
sanctions covered by this warranty and the OCFA in consultation with the City of Santa Ana
reserves the right to immediately terminate the Contract upon receipt of such notice.
4.3.15 External Medical Quality Control
Contractor must fully comply with all federal, state, and local medical standards, protocols, and
rules and regulations applicable to the provision of private, emergency BLS ambulance
transportation, including those established by OCEMS. Contractor must at all times during the
contract term cooperate with the OCEMS program managers and the OCEMS Medical Director
in the monitoring, regulation, management, oversight, and administration of the County EMS
system.
The OCEMS Medical Director, or his designee, has both the authority and responsibility to
routinely establish and monitor private, emergency ambulance system performance, including but
not limited to: ambulance equipment standards; medical protocols; personnel standards; training
standards; medical dispatch procedures; first responder practices and training; medical control;
and to effect corrective and disciplinary action as necessary.
4.3.16 Internal Medical Quality Control
Contractors must establish a Continuous Quality Improvement ("CQI") program directed at, but
not limited to, effective administration and management of clinical performance, response time
performance, driver performance, dispatch performance, and for all other BLS service levels.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 46
June 14, 2012
25F-65
City of Santa Ana
4 y,
SECTION 5
PERSONNEL
5.1 PERSONNEL REQUIREMENTS
5.1.1 Employee Performance
Contractor must employ only competent and trained personnel, and shall provide a sufficient
number of employees to perform the services provided under the Contract Documents.
Contractor must comply with all the following personnel requirements:
A. All of Contractor's Transportation Personnel and employees shall be sufficiently trained
and capable to ensure the safe and proper discharge of their service responsibilities;
B. All Contractor ambulance personnel must possess valid California Driver's Licenses in the
proper class, including any required certifications, and must be compliant with all relevant
provisions of the California Vehicle Code, Health and Safety Code, and all other laws
applicable to private, emergency ambulance response personnel;
C. Contractor must have an employee alcohol and drug program that includes at a minimum,
an alcohol and drug free workplace policy, and an employee alcohol/drug-testing program
that complies with the U.S. Department of Transportation requirements to the extent
allowed by law, including random alcohol and drug testing. Any Contractor employee
found working under the influence of alcohol or drugs must be immediately removed from
performing any further duties under the Contract Documents. The alcohol and drug
program must meet the following requirements:
i. A contract with a program administrator and authorized lab certified by the U.S.
Department of Transportation;
ii. Procedures and components substantially as in Part 40 of Title 49 of the Code of
Federal Regulations for pre-employment;
iii. Procedures and components substantially as in Part 382 of Title 49 of the Code of
Federal Regulations for rehabilitation, return-to-duty and follow up testing;
iv. Procedures and components for random testing following U.S. Department of
Transportation guidelines, and additional tests as required following accidents,
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 47
June 14, 2012
25F-66
(9) City of Santa Ana
rehabilitation, return-to-service, and other circumstances providing reasonable
suspicion to test;
v. Upon request by the OCFA, yearly reports of the random testing component must be
filed by the program administrator, in redacted form concealing employee
identifiable information, with OCFA;
vi. Contractors and program administrator's alcohol and drug program records shall be
made available, in redacted form concealing individual employee identities, to
OCFA upon request;
vii. Contractor employees must show a valid California driver's license at the time and
place of testing; and
viii. All test results are kept confidential except that OCFA is authorized to receive
copies, in redacted form concealing individual employee identities, for its
administrative purposes, and except as otherwise authorized or required by law.
E. Contractor must participate in the California Department of Motor Vehicles (DMV)
Employer Pull Notice Program;
F. Contractor must not employ in the performance of services pursuant to the Contract
Documents any ambulance operator or attendant or employee convicted of or having pled
nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or
moral turpitude, fraud, or misdemeanor or felony driving while under the influence of alcohol
or drugs. If any Contractor employee is charged with any of the above listed crimes,
Contractor must immediately suspend that employee from performing any further duties
under the Contract Documents pending the outcome of the criminal case;
G. Contractor's employees must maintain acceptable standards of dress, including uniforms, and
cleanliness while on duty in the community and must at all times conduct themselves in a
professional manner;
H. Contractor's employees must fully cooperate with and abide by the instructions of OCFA
personnel while on scene;
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 48
June 14, 2012
25F-67
City of Santa Ana
1. If any employee becomes ineligible to provide services under the Contract Documents,
Contractor must immediately notify the OCFA EMS Section Battalion Chief in writing of
such ineligibility and the reason(s) therefore;
J. Contractors must ensure that all of its employees and ambulances are, at all times during the
term of the contract, in full compliance with all federal, state, and local laws, rules, statutes,
and regulations, including but not limited to: the California Vehicle Code; the California
Health & Safety Code; Orange County Ambulance Ordinance; applicable City of Santa Ana
ambulance ordinances; and any and all OCEMS or State EMS Authority policies, standards,
procedures, regulations, and/or protocols. All Contractor employees must have in their
possession, at all times while on duty, applicable licenses, certifications, and/or permits, as
may be required by the agencies and authorities listed above;
K. Contractor's emergency response personnel must carry and furnish to OCFA personnel upon
request any required licenses, certifications, and/or permits, including proper identification,
for purposes of verifying validity, ensuring compliance with licensing, certification, and
permitting requirements, and for the proper reporting of employee performance-related issues
to Contractor;
L. The OCFA EMS Section Battalion Chief may request Contractor to participate in emergency
response joint training exercises to improve the capability and coordination of both OCFA
and Contractor's response to a given emergency or disaster. Such training will be scheduled
and mutually coordinated by the OCFA EMS Section Battalion Chief and the Contractor.
Such training shall not exceed twenty (20) hours per year/per shift and not billable to the City
of Santa Ana;
M. Any additional training that may be deemed necessary by OCFA shall be attended by
Contractor's personnel upon reasonable notice and at the sole cost and expense of Contractor.
Such additional training may include, but is not limited to, mass casualty, weapons of mass
destruction, and/or other emergency response training;
N. Contractors must make available to the OCFA EMS Battalion Chief upon request any and all
Contractor personnel training records for those employees who perform services pursuant to
the Contract Documents;
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 49
June 14, 2012
25F-68
rv; City of Santa Ana
0. Contractor employees shall perform the duties required under the Contract Documents in an
ethical, professional, and orderly manner and shall endeavor at all times to obtain and keep
the confidence of the public.
P. Contractor must utilize management practices that ensure that its Transportation Personnel,
working extended shifts, part-time jobs, voluntary overtime or mandatory overtime, are not
exhausted, overworked, or exhibiting impaired judgment or motor skills.
5.1.2 Employee Removal
At the request of the OCFA (in the sole discretion of either) and based on a demonstrated
pattern of either poor performance, misconduct, or service complaints, Contractor shall
remove any Transportation Personnel designated by the OCFA from performing further
duties under the Contract.
5.2 CONTROL
Neither the County, the City of Santa Ana or OCFA, or any of their respective officers, elected
officials, agents, representatives, or employees, shall have any control over the conduct of
Contractor's employees except as specifically set forth in the Contract Documents. Under no
circumstances shall Contractor or any of its employees represent that they are in any manner agents or
employees of the City of Santa Ana, County or OCFA, it being understood that Contractor its agents
and employees are as to the City of Santa Ana, County and OCFA, wholly independent contractors
and that Contractor's obligations to the City of Santa Ana and OCFA are solely those prescribed by
the Contract Documents. Contractor further acknowledges and agrees that the City of Santa Ana, the
County, and OCFA have no responsibility whatsoever for the payment of any wages, salary, health
benefits, retirement benefits, taxes, or any other benefits that may be due to Contractor employees.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 50
June 14, 2012
25F-69
y. City of Santa Ana
SECTION 6
SUPPLIES, EQUIPMENT AND VEHICLES
6.1 Standards
All equipment and supplies furnished by Contractors to perform BLS services under the Contract
Documents must comply with all federal, state, and local laws, rules, statutes, and regulations
applicable to the provision of emergency ambulance transportation, including but not limited to, those
BLS equipment and supply standards and protocols established by the OCEMS Medical Director.
Such equipment and supplies must be stocked at all times on each ambulance performing services
under the Contract Documents.
6. 1.1 Standard Inventory
In addition to the above equipment and supply standards, Contractors must carry and stock at all
times throughout the contract term on each ambulance performing services within an assigned EOA
the following emergency medical equipment, which shall all be readily available and accessible from
the interior portions of the patient transportation compartment:
A. Bag valve mask resuscitator, adult with variable mask sizes;
B. Bag valve mask resuscitator, pediatric with variable mask sizes;
C. Heavy gloves to be used for blood or body fluid protection;
D. Disposable Latex gloves, medium, large and x-large, two (2) boxes;
E. Suction unit that complies with OCEMS policies and procedures;
F. Non-invasive blood pressure device (various cuff sizes, including thigh cuff);
G. Child safety seats (when approved by federal agencies).
6.1.2 Required, Equipment
Automated External Defibrillator (in conjunction with trained and qualified employees).
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0 City of Santa Ana
6.1.3 Personal Safety Equipment
Contractors shall provide personal safety equipment for all employees in accordance with applicable
federal and state laws or standards. It shall be the sole responsibility and expense of the Contractor to
maintain or replace, or cause to be maintained or replaced, any personal safety equipment required.
Contractors are solely responsible for ensuring that all of its personnel abide by all federal, state and
local safety standards.
To ensure that each ambulance responder has emergency scene personal protective equipment they
may need to keep them safe in a potentially hazardous environment, Contractors shall comply with
State OCEMS Guideline 216 regarding recommended PPE for Ambulance Personnel (OSHA's
General Description and Discussion of the levels of Personal Protective Gear, 29CFR 1926 65, App.
B, Part IV, Level D) for each ambulance dedicated to 911 emergency transportation, including:
Full-length blue (EMS) jacket with reflective stripes. (NFPA 1999, EMS Standards)
ii. Hard hat, Work Helmet Blue
iii. Leather gloves
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 52
June 14, 2012
25F-71
City of Santa Ana
SECTION 7
BID PROPOSAL SUBMISSION FORMS
PROPOSER CHECKLIST
? BINDER (ORIGINAL + 5 COPIES + 1 ELECTRONIC FILE OF THE PROPOSAL PACKAGE
SAVED ON A CD OR FLASH DRIVE)
? ONE BID PROPOSAL
? PAGE SIZE, FONT SIZE, PAGE LIMITS
? TITLE PAGE
? BID PROPOSAL DEPOSIT
? TABLE OF CONTENTS
? ITEM I - COVER LETTER
? ITEM 2: GENERAL OVERALL DESCRIPTION OF PLAN TO PROVIDE
9-1-1 EMERGENCY TRANSPORTATION SERVICE IN CITY OF SANTA ANA
? ITEM 3 - OVERALL OPERATIONAL SYSTEM
? ITEM 4 - DRIVER TRAINING
? ITEM 5 - INTERNAL MEDICAL QUALITY CONTROL
? ITEM 6 - MUTUAL AID PROVIDER
? ITEM 7 - PERSONNEL AND TRAINING
? ITEM 8 - HIPAA COMPLIANCE PLAN
? ITEM 9 - CORPORATE COMPLIANCE PLAN
? ITEM 10 - PLAN FOR TAKEOVER OF SERVICE/START-UP
? ITEM l 1 - EMS RESUME
? ITEM 12 - PHASE I APPROVAL NOTIFICATION
? ITEM 13 - PRICE WORKSHEET
? ITEM 14 - CONFLICT OF INTEREST CERTIFICATION
? ITEM 15 - STATEMENT OF TRUTH
? ITEM 16 - NON-COLLUSION CERTIFICATION
? ITEM 17 - PHOTOGRAPHS (OPTIONAL)
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 53
June 14, 2012
25F-72
City of Santa Ana
TITLE PAGE/COVER SHEET
(1 PAGE LIMIT)
City of Santa Ana
Request for Proposals
for
Emergency Ambulance Transportation and Related Services
RFP # JRSB002
Insert Proposer Name
Insert Proposer Address
Insert Proposer Authorized Contact/Representative
Signature of Authorized Contact/Representative
Insert Proposer Telephone Number
Insert Date of Bid Proposal Submission
Designate as "Original" or Copy
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 54
June 14, 2012
25F-73
s City of Santa Ana
BID PROPOSAL DEPOSIT
(1 PAGE LIMIT)
Please attach below (either staple or otherwise affix) the required $2,500.00 Bid Proposal
Deposit made payable to the City of Santa Ana.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 55
June 14, 2012
25F-74
City of Santa Ana
TABLE OF CONTENTS
Please include in the Bid Proposal a Table of Contents listing the following requested items and
submission forms in the order provided:
ITEM 1: COVER LETTER
ITEM 2: GENERAL OVERALL DESCRIPTION OF PLAN TO PROVIDE
9-1-1 EMERGENCY TRANSPORTATION SERVICE IN CITY OF SANTA ANA
ITEM 3: OVERALL OPERATIONAL SYSTEM
ITEM 4: DRIVER TRAINING
ITEM 5: INTERNAL MEDICAL QUALITY CONTROL
ITEM 6: MUTUAL AID PROVIDER
ITEM 7: PERSONNEL AND TRAINING
ITEM 8: HIPAA COMPLIANCE PLAN
ITEM 9: CORPORATE COMPLIANCE PLAN
ITEM 10: PLAN FOR TAKEOVER OF SERVICE/START-UP
ITEM 11: EMS RESUME
ITEM 12: PHASE I APPROVAL NOTIFICATION
ITEM 13: PRICE WORKSHEET
ITEM 14: CONFLICT OF INTEREST CERTIFICATION
ITEM 15: STATEMENT OF TRUTH
ITEM 16: NON-COLLUSION CERTIFICATION
ITEM 17: PHOTOGRAPHS (OPTIONAL)
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 56
June 14, 2012
25F-75
0 City of Santa Ana
ITEM 1: COVER LETTER
(4 PAGE LIMIT)
Please include a cover letter, on official Proposer letterhead, that describes the Proposer and its
qualifications.
A. The official name of the Proposer;
B. The Proposer's organizational structure (e.g. corporation, partnership, limited liability
corporation, or otherwise);
C. The jurisdiction in which the Proposer is organized and the date of such organization;
D. The address and telephone number of the Proposer's headquarters and of any local office
involved in the bid proposal;
E. The Proposer's Federal Tax Identification Number;
F. The name, address, telephone, fax numbers and e-mail address of the person(s) who will serve
as the authorized contact(s) to the City of Santa Ana and OCFA with regards to the bid
proposal, the RFP process, the Contract Documents, and the administration of the contract, if
awarded, with authorization to make representations on behalf of and to bind the Proposer;
G. Provide applicable authorized signature documentation, pursuant to Proposer's organizational
structure/bylaws, verifying the authority of the person signing the original bid proposal to
commit to the proposal on behalf of the Proposer (attach to cover letter);
H. A representation that the Proposer is in good standing in the State of California and has
obtained all necessary licenses, permits, certifications, approvals and governmental
authorizations necessary in order to perform all of the required performance obligations
specified in the RFP;
1. A representation that the Proposer is in good standing in the Medicare and Medi-Cal programs
and is not the subject of any pending actions, investigations or prosecutions, whether civil,
criminal or administrative, relating to their billing or reimbursement practices, and that
Proposer has not been excluded from any state or federal healthcare program or employs any
individual who has been excluded from any state or federal healthcare program;
J. Statement of acceptance of all terms, conditions, requirements, and performance criteria
contained in the Contract Documents; and,
K. Any additional information Proposer deems relevant for consideration during the selection
process.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 57
June 14, 2012
25F-76
-,, City of Santa Ana
ITEM 2: GENERAL OVERALL DESCRIPTION OF PLAN TO PROVIDE
9-1-1 EMERGENCY TRANSPORTATION SERVICE IN CITY OF SANTA ANA
(3 PAGE LIMIT)
1. Provide a general description of how Proposer proposes to provide the 9-1-1 Emergency
Transportation Service contemplated by this Request for Proposals. This specifically includes, but is
not necessarily limited to, the provision of the First Tier Service, and Mutual Aid Service. This
section is intended to provide Proposer with an opportunity to provide a general overview of how their
company will be able to provide the various levels of 9-1-1 Emergency Transportation Service, and to
provide any other information that Proposer believes will be helpful to City of Santa Ana and OCFA in
making its decision.
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June 14, 2012
25F-77
?-? City of Santa Ana
ti?
ITEM 3: OVERALL OPERATIONAL SYSTEM
(3 PAGE LIMIT)
1. Provide description of supervisory plan of crews, including number and location of supervisory
personnel.
2. Provide an overall summary of Proposer's Southern California system operations including:
a. Total number of ambulances in fleet;
b. Total number of employees including line staff, supervisors, managers, administrative,
billing, etc.; and
Contact information for medical director; contact information for continuing education
program, driver training, etc.
Phase 2 REP: Emergency Ambulance Transportation and Related Services Page 59
June 14, 2012
25F-78
C) City of Santa Ana
ITEM 4: DRIVER TRAINING
(2 PAGE LIMIT)
Please provide a description of the Driver Training Program Proposer proposes for its provision
of the 9-1-1 Emergency Transportation Service and describe in detail how the proposed Driver
Training Program will either meet or exceed the performance expectations and requirements.
Additional Specific Submission Data:
1. Provide a detailed course syllabus or curriculum for driver training program offered to
employees;
2. Provide the total number of course hours per course offered;
3. Describe the internal training plan, including timeframe for completion and retraining; and
4. Provide the name of the institution providing the training, if applicable.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 60
June 14, 2012
25F-79
°- , City of Santa Ana
ITEM 5: INTERNAL MEDICAL QUALITY CONTROL
(3 PAGE LIMIT)
Please provide a description of Proposer's Internal Medical Quality Control and Continuous
Quality Improvement ("CQI") Programs.
Additional Specific Submission Data:
1. Provide a description of Proposer's quality assurance/improvement process, including time
frames for process completion; and
2. If your proposed Internal Medical Quality Control and Continuous Quality Improvement
("CQI") Programs will exceed the standards and requirements set forth in this RFP, please
clearly explain in a description how such requirements will be exceeded
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 161
June 14, 2012
25F-80
0 City of Santa Ana
ITEM 6: MUTUAL AID PROVIDER
(2 PAGE LIMIT)
Please provide a description of the Proposer's Mutual Aid Service Provider Agreement.
Additional Specific Submission Data:
Provide a copy of all current or proposed Mutual Aid Contracts that would include:
a. Name of mutual aid provider(s) (if known);
b. Location of mutual aid provider(s);
c. Staffing capabilities of mutual aid provider, if known.
d. Expiration date of the mutual aid provider contracts.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 62
June 14, 2012
25F-81
q4
t`?• City of Santa Ana
4:.
ITEM 7: PERSONNEL AND TRAINING
(A).ASSIGNED PERSONNEL PROFILE
(3 PAGE LIMIT)
Please provide a detailed spreadsheet of the individual personnel, including proposed management team,
employee names, current certification/license level of service, certificate/license number, and number of
years as an employee of Proposer, proposed by Proposer for the performance of services under the
Contract Documents.
(B). FIELD TRAINING OFFICERS
1PAGE)
Please provide the ratio of field training officers to EMTs or other ambulance personnel that Proposer
proposes to commit, and provide a detailed explanation of Proposer's proposed Field Supervisor and
Training Programs and management/field supervisor oversight plan.
(C). PRIMARY PERSONNEL
(5 PAGE LIMIT)
Please provide the resumes of no more than five (5) proposed key personnel (maximum one page each)
whose job duties for Proposer's Orange County operations will relate solely and exclusively to the
fulfillment of the terms, conditions, performance expectations, and obligations relative to Proposer's
performance under the Contract Documents.
(D).EMPLOYEE RECRUITMENT, SCREENING AND ORIENTATION
(2 PAGE LIMIT)
Please provide description of the current personnel Recruitment, Screening, and Orientation Program
Proposer currently employs and modifications Proposer proposes to utilize in connection with its
provision of 9-1-1 Emergency Transportation Service and describe in detail how the proposed
Recruitment, Screening, and Orientation Program will enable Proposer to consistently and continuously
meet or exceed the training standards, personnel requirements, and performance expectations set forth in
Section 5.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 63
June 14, 2012
25F-82
~` ,, City of Santa Ana
%Z?Of
ITEM 7: PERSONNEL AND TRAINING (CONTINUED)
(E).CONTINUING EDUCATION PROGRAMS
(2 PAGE LIMIT)
Please provide a description of any and all continuing education programs, including continuing medical
education programs, that will be provided to all employees who perform services under the Contract
Documents, as well as a discussion of Proposer's commitment to providing such programs at all times
throughout the contract term.
(F). HIPAA TRAINING PROGRAMS
(2 PAGE LIMIT)
Please provide a description of Proposer's HIPAA training program that has been provided to all
employees and will be provided to all new employees who perform services under the Contract
Documents.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 64
June 14, 2012
25F-83
City of Santa Ana
•t
ITEM 8: HIPAA COMPLIANCE PLAN
(1 PAGE LIMIT)
Please provide a description and explanation of Proposer's HIPAA Compliance Plan, including
Proposer's certification that all personnel have signed a confidentiality agreement and have undergone
HIPAA Privacy Training.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 65
June 14, 2012
25F-84
xx?.
City of Santa Ana
t A
ITEM 9: CORPORATE COMPLIANCE PLAN
(2 PAGE LIMIT)
Please provide a summary and explanation of Proposer's Corporate Compliance Plan, if
applicable. A Corporate Compliance Plan should include those elements identified in the Office
of Inspector General's Compliance Program Guidance for Ambulance Suppliers [Federal
Register: March 24, 2003 (Volume 68, Number 56)].
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 66
June 14, 2012
25F-85
C) City of Santa Ana
ITEM 10: PLAN FOR TAKEOVER OF SERVICE/START-UP
(4 PAGE LIMIT)
Please describe in detail Proposer's proposed implementation plan for the takeover of
services/start-up, or resumption of services under the new Contract, as applicable, within the City
of Santa Ana by the Effective Date; including but not limited to: (a) Proposer's transition or
implementation management team; (b) proposed start-up schedule for ensuring timely
commencement of services on TBD, at TBD hours; and (c) proposed initial service response and
coverage plan, including deployment plans, post locations, housing, and staffing plans.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 67
June 14, 2012
25F-86
0 City of Santa Ana
ITEM 11 EMS RESUME
(5 PAGE LIMIT)
Please provide a detailed resume of Proposer's 9-1-1 Emergency Transportation Service experience.
Minimum Qualifications: Proposer meets the experience required outlined in RFP.
1. Complete the 911/Fire/EMS Contracts chart found in the following page and include the
following information:
• List the city(ies) or Fire Department(s) Agencies for which provider has provided
emergency ambulance transportation services during the past ten (10) years that can be
used to meet one of the "experience" requirement in the RFP. Provide contact
information including contact person, telephone number and address.
• Provide 911 emergency ambulance transportation annual call volume by operating area
or equivalent.
• Indicate whether the provider was the primary or back-up 911 provider.
• Indicate the contractual or agreed upon response time requirements for each of the listed
contracts.
• List the duration, in years, that the provider held a contract as a primary or back-up
provider.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 68
June 14, 2012
25F-87
D City of Santa Ana
ITEM 11 EMS RESUME (continued)
(5 PAGE LIMIT)
Ten (10) Years 911/Fire/EMS Experience
Primary Response Time
Cities/Fire Depts. For Contact Name Monthly 8 or 911 Requirement
which bidder has provided And Calendar years Back-up status Call Volume
911 ambulance services in Phone Number that provider M=Metroltlrban
past five years held contract. P=Primary S=Suburban/naal
B=Back- W--Wilderness
M=
S=
W=
M=
S=
W=
M=
S=
W=
M.
S=
W=
M=
S=
W=
The experience requirements this applies to:
? At least three (3) consecutive years experience providing 9-1-1/Fire/EMS services as a
rip marX 9-1-1 provider in a system comparable to the City of Santa Ana system (which
meets a minimum qualification based on 80% of the 2011 Santa Ana Response Data in
Appendix G) within the last 10 years; or
? A current commission on Accreditation of Ambulance Services ("CAAS") Certification
and two (2) consecutive years experience as a back-up or primary 9-1-1 provider in a
system comparable (based on 80% of the 2011 Santa Ana call volume) to the City of
Santa Ana system within the last five (5) years
2. Provide a description of the EMS system as it relates to ambulance deployment for those
areas where contracts are/were held. (2 pages.)
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 69
June 14, 2012
25F-88
City of Santa Ana
ITEM 12
PHASE I APPROVAL NOTIFICATION
Please provide a copy of the Phase I approval notification.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 70
June 14, 2012
25F-89
City of Santa Ana
ITEM 13: PRICE WORKSHEET
CITY OF SANTA ANA RFP # JRSB002 FOR
EMERGENCY AMBULANCE TRANSPORTATION AND RELATED SERVICES
1 9-1-1 EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF: 9/1/12-9/30/13*
Annual Contract Price $
Not to exceed $ per month
Optional Billing: (Price Per Transport)
1 9-1-1 EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF: 9/1/13-9/30/14
Annual Contract Price $
Not to exceed $ per month
Optional Billing: (Price Per Transport)
1 9-1-1 EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF: 9/1/14-9/30/15
Annual Contract Price $
Not to exceed $ per month
Optional Billing: (Price Per Transport)
Optional 1-Year Extension:
9-1-1 EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF: 9/1/15-9/30/16
Annual Contract Price $
Not to exceed $ per month
Optional Billing: (Price Per Transport)
Optional 1-Year Extension:
9-1-1 EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF: 9/1/16-9/30/17
Annual Contract Price $
Not to exceed $ per month
Optional Billing: (Price Per Transport)
*Dates assume a September 1, 2012 contract effective date.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 71
June 14, 2012
25F-90
(9) City of Santa Ana
ITEM 14: CONFLICT OF INTEREST CERTIFICATION
The undersigned hereby certifies on behalf of ("Proposer"), and hereby
declares under penalty of perjury under the laws of the State of California, that Proposer is not, and will
not be violating either directly or indirectly any conflict of interest statute, rule, or regulation if awarded a
contract and if authorized to perform the services described in this RFP.
Signed, this day of , 2012 in , California.
IF SOLE OWNER:
Signature of Owner Date
Print Name
IF PARTNERSHIP UPA or merge
Signature of Partner (General Partner) Date
Print Name
IF CORPORATION:
Signature of President Date
Print Name
Signature of Secretary Date
Print Name
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 72
June 14, 2012
25F-91
r City of Santa Ana
ITEM 15: STATEMENT OF TRUTH
The undersigned hereby certifies on behalf of ("Proposer"), and hereby
declares under penalty of perjury under the laws of the State of California, that the information provided
by Proposer and contained in this bid to the (TBD) EMS 9-1-1 Emergency Transportation Service RFP is
accurate, complete, true and correct to the best of our knowledge. We are aware that should any of the
information contained herein be found to be false, incorrect, or otherwise untruthful, or if the information
contained herein contains material misrepresentations and/or material omissions of fact, the City of Santa
Ana of Santa Ana may, at its sole discretion, pursue any and all remedies available as authorized by law,
which may include the right, at the option of the City, to either reject or disqualify this bid proposal from
further consideration in the course of the procurement process and/or to declare any contract awarded as
the result thereof void. Signed, this day of , 2012
in , California.
In the event that one of the above events occurs during the bid submittal date and contract award, the new
corporation/stockholder must provide a notarized statement stating their agreement to the terms and
conditions of the contract and prior to bid submittal without exceptions. This must be received within 5
business days of the change
IF SOLE OWNER:
Signature of Owner Date
Print Name
IF PARTNERSHIP UPA or merger):
Signature of Partner (General Partner) Date
Print Name
IF CORPORATION:
Signature of President Date
Print Name
Signature of Secretary Date
Print Name
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 73
June 14, 2012
25F-92
??, ^ City of Santa Ana
a
ITEM 16: NON-COLLUSION CERTIFICATION
The undersigned hereby certifies on behalf of ("Proposer"), and hereby
declares under penalty of perjury under the laws of the State of California, that this (TBD) EMS 9-1-1
Emergency Transportation Service RFP is genuine and not sham or collusive, nor made in the interest of
or on behalf of any person not herein named; the Proposer has not directly or indirectly induced or
solicited any other Proposer to put in a sham proposal nor solicited any other person, firm or corporation
to refrain from submitting a proposal; the Proposer has not communicated, directly or indirectly, with any
other Proposer regarding the amount, price, and/or service rates proposed herein; and Proposer has not in
any manner sought by collusion to secure for himself/herself/itself any advantage over any other
Proposer. We declare the foregoing is true and correct under penalty of perjury under the laws of the
State of California. Signed, this day of , 2012 in _
, California.
IF SOLE OWNER:
Signature of Owner Date
Print Name
IF PARTNERSHIP UPA or merger):
Signature of Partner (General Partner) Date
Print Name
IF CORPORATION:
Signature of President Date
Print Name
Signature of Secretary Date
Print Name
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 74
June 14, 2012
25F-93
City of Santa Ana
ITEM 17: PHOTOGRAPHS (OPTIONAL)
(3 PAGE LIMIT)
Proposers may provide, at their option, any color photographs or other renderings depicting Proposer's
emergency ambulance service facilities, operations, vehicles, equipment, performance and/or personnel.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 75
June 14, 2012
25F-94
City of Santa Ana
ATTACHMENT NO. I
SAMPLE CONTRACT WITH CITY
AGREEMENT
FOR EMS EMERGENCY TRANSPORTATION SERVICES
This agreement ("Agreement") is made and entered into this day of , 2012, by and
between the CITY OF SANTA ANA of Santa Ana, a municipal corporation located in the
County of Orange ("CITY OF SANTA ANA") and , with
principal offices at ("CONTRACTOR").
RECITALS
WHEREAS, CITY OF SANTA ANA issued a Request for Proposals on February 22,
2012 (Phase 1) and on July 14, 2012 (Phase 2) related to the provision of emergency
transportation services in the CITY OF SANTA ANA (the "UP"). A copy of the RFP is
attached hereto and incorporated herein by this reference as Exhibit "A"; and
WHEREAS, in response to the RFP, CONTRACTOR submitted a Proposal dated
, 2012 (the "Proposal"), a copy of which is attached hereto and incorporated
herein by this reference as Exhibit "B"; and
WHEREAS, CONTRACTOR is an ambulance provider fully licensed and otherwise
qualified to perform the work required by this Agreement, and was selected by CITY OF
SANTA ANA following evaluation of proposals submitted in response to the RFP; and
WHEREAS, CITY OF SANTA ANA desires to utilize the services of CONTRACTOR
to provide primary ambulance transportation services and other related services in accordance
with the terms of the RFP and applicable federal, state and local laws; and
WHEREAS, at its meeting of , 2012, the Santa Ana CITY OF
SANTA ANA
Council accepted CONTRACTOR's Proposal and authorized CITY OF SANTA ANA staff to
negotiate an
Agreement with CONTRACTOR to provide emergency transportation services described in the
RFP and in the Proposal.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein contained, the parties hereby agree as follows:
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June 14, 2012
25F-95
_j.
City of Santa Ana
AGREEMENT
1. Contract Documents and Order of Precedence
A. This Agreement shall consist of the following documents: (a) this Agreement; (b) the
CITY OF SANTA ANA's RFP, (c) and the CONTRACTOR's Proposal. This Agreement, the
RFP, and the Proposal,
shall be hereinafter collectively referred to as the "Contract Documents".
The Contract Documents constitute the entire agreement between the parties. This
Agreement contemplates that CONTRACTOR will do whatever is required to perform the work
in accordance with the terms of the Contract Documents and in accordance with any applicable
governmental laws and regulations, whether specifically identified in the Contract Documents or
not. Should any inconsistency be found to exist between the aforesaid Contract Documents and
this written Agreement, the provisions of this Agreement shall control.
B. All provisions of the Contract Documents shall be binding on CONTRACTOR. In the
event there is any discrepancy between the terms and conditions of one or more of the
aforementioned Contract Documents, the Order of Precedence shall be used to resolve the
discrepancy unless both parties mutually agree in writing to an alternative decision. The Order of
Precedence for these documents shall be as follows:
1) First, this Agreement (together with any Amendments thereto).
2) Second, the RFP
3) Third, the Proposal.
2. Scope of Work
A. In exchange for the compensation to be provided by CITY OF SANTA ANA to
Contractor, Contractor will perform all of the services described in this Section for CITY OF
SANTA ANA. The details of the services to be provided by CONTRACTOR are described in
detail in the Contract Documents. Those services shall include the provision of all 9-1-1
Emergency Transportation Services, including but not limited to the First Tier Service and the
Mutual Aid Service (as defined below), together with the provision of any labor, material,
supplies and equipment related to the provision of those services, and any other duties, obligation
or services required of Contractor in the Contract Documents. (All of the services to be provided
by CONTRACTOR under this Agreement shall be hereinafter collectively referred to as the "9-
1-1 9-1-1 Emergency Transportation Services"). CONTRACTOR shall perform the 9-1-1
Emergency Transportation Services in accordance with the terms and conditions contained in
this Agreement, and as described in Contract Documents.
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June 14, 2012
25F-96
~City of Santa Ana
B. All emergency transportation personnel assigned by CONTRACTOR or by the
Mutual Aid Provider to perform 9-1-1 Emergency Transportation Services under this Agreement
shall be hereinafter referred to as the "Transportation Personnel".
C. Without limiting CONTRACTOR's obligation to comply with all of its duties and
obligations under the Contract Documents, the 9-1-1 Emergency Transportation Services to be
provided by CONTRACTOR shall include, but shall not be limited to, each of the following:
1. First Tier Service. Contractor will provide with its own forces a sufficient
number of fully equipped ambulances and Transportation Personnel, so as to provide, in
accordance with industry standards and this RFP, all of the CITY OF SANTA ANA's
needs for 9-1-1 Emergency Transportation Service, being able to respond 24 hours a day
7 days a week to all 911 and other emergencies as required (the "First Tier Service" or
"First Tier"). The First Tier Service will be designed by Contractor so as to ensure that
there are enough of Contractor's own ambulances and Transportation Personnel available
to meet 100% of the anticipated number of calls for 9-1-1 Emergency Transportation
Service in the CITY OF SANTA ANA. The First Tier Service shall meet the response
times and all other requirements of this RFP for the 9-1-1 Emergency Transportation
Service. Each year thereafter, for the duration of the Term of the proposed Contract,
Contractor will be required to re-evaluate the level of coverage being provided, so as to
ensure it is providing the required level of coverage.
2. Mutual Aid Service. Contractor will also enter into a mutual aid agreement
with a separate qualified ambulance service provider doing business in Orange County, to
provide backup services in the event the First Tier Service is unable to respond to a call
for Emergency Services (hereinafter "Mutual Aid Contract," "Mutual Aid Service,"
"Mutual Aid Service" or "Mutual Aid"). The company providing the ST Mutual Aid
Service will be hereinafter referred to as the "Mutual Aid Provider." In providing 9-1-1
Emergency Transportation Services the Mutual Aid Provider must meet the same RFP
requirements, response times, and otherwise provide the same level of service, as
Contractor is required to provide under the Contract. The Mutual Aid Contract and the
Mutual Aid Provider must be approved by the CITY OF SANTA ANA and the OCFA
prior to provision of any service by Contractor, such approval not to be unreasonably
withheld. The intent of this RFP is that Contractor will provide a sufficient level of
coverage under the First Tier Service, such that services under the Mutual Aid Service
will only be needed in rare circumstances, if at all. Contractor will be solely responsible
for paying the Mutual Aid Provider for any services rendered under the Mutual Aid,
which amount will be the Mutual Aid Provider's sole compensation for services rendered
under the Mutual Aid.
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June 14, 2012
25F-97
9,, City of Santa Ana
D. BLS and ALS Services. All Transportation Personnel assigned to perform 9-1-1
Emergency Transportation Services under this Contract, whether under the First Tier Service or
Mutual Aid Service, will provide Basic Life Support ("BLS") services and transport patients to
medical facilities when required. OCFA, in cooperation with the Transportation Personnel, will
provide on-scene Advanced Life Support ("ALS") services.
E. All Transportation Personnel assigned to perform 9-1-1 Emergency Transportation
Service under this Contract, whether under the First Tier Service or Mutual Aid Service, must at
all times meet the minimum qualifications as listed in Section V of the RFP.
F. The Agreement is subject to annual review based on the criteria specified in the
Contract and as outlined herein. The CITY OF SANTA ANA's intent is to contract with and
hold accountable those parties working with and on behalf of the CITY OF SANTA ANA of
Santa Ana and OCFA in providing 9-1-1 Emergency Transportation Service to the citizens and
visitors of Santa Ana.
G. Contractor and the Mutual Aid Provider will provide type III emergency transport
(ambulance) vehicles (including all costs related to maintenance, fuel, insurance, repair costs and
communication equipment) for all 9-1-1 Emergency Transportation Services provided under the
First Tier Service and the Mutual Aid Service.
3. Contract Price and Payment
A. CITY OF SANTA ANA shall pay CONTRACTOR for furnishing the material and
doing the prescribed work at the unit prices or lump sum prices set forth in CONTRACTOR's
Proposal ("Contract Price").
1. Contractor's sole compensation for providing all 9-1-1 Emergency
Transportation Services, specifically including but not limited to the First Tier Service
and Mutual Aid Service will be the Contract Price. Contractor will not be entitled to bill
CITY OF SANTA ANA or any of its customers any additional amount for any services
provided under this Contract, unless it is first approved in writing by CITY OF SANTA
ANA.
2. The payment of the Contract Price includes the provision of the Mutual Aid
Service. Contractor will be solely responsible for compensating the Mutual Aid Provider
for any 9-1-1 Emergency Transportation Services it may provide in the CITY OF
SANTA ANA under this Contract, which compensation will be at the rate set forth in the
Mutual Aid Contract or as otherwise required by law. Contractor and the Mutual Aid
Provider will not have any recourse against the CITY OF SANTA ANA to recover for
any 9-1-1 Emergency Transportation Services provided under either the First Tier
Service or the Mutual Aid Service, except as specifically authorized in the Contract.
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June 14, 2012
25F-98
~" City of Santa Ana
Contractor's sole compensation will be the Contract Price it receives from CITY OF
SANTA ANA. In the event of a dispute between the Mutual Aid Provider and Contractor,
the Mutual Aid Provider's sole remedy will be against Contractor. This fact will be
clearly stated in the Mutual Aid Contract, and Contractor must agree to indemnify and
defend CITY OF SANTA ANA against any claims or demands arising out of, or which
are in any way related to, any services provided under the Mutual Aid Service. The
Mutual Aid Contract will include similar provisions requiring the Mutual Aid Provider
to indemnify CITY OF SANTA ANA for any claims or demands made by Contractor or
other parties related to the 9-1-1 Emergency Transportation Services it may provide.
4. Billing
A. CITY OF SANTA ANA will be solely responsible for the billing and collection of all
amounts owed by customers/patients provided 9-1-1 Emergency Transportation Services in the
CITY OF SANTA ANA, whether for services provided by Contractor, the Mutual Aid Provider,
OCFA, CITY OF SANTA ANA, or their respective employees, agents, volunteers, or
subcontractors. CITY OF SANTA ANA, in its discretion, will be free to bill for these services in
whatever manner it may deem appropriate, and may combine billings for various services
provided. Contractor and the Mutual Aid Provider will actively cooperate with CITY OF
SANTA ANA to provide whatever information or assistance CITY OF SANTA ANA may
reasonably require so that it can process customer/patient billings in a timely manner. This will
include, but is not limited to, Contractor providing CITY OF SANTA ANA with a detailed list of
all the 9-1-1 Emergency Transportation Services provided by both the Contractor and the
Mutual Aid Provider during the preceding month. The specific information to be provided by
Contractor in the monthly reports will be determined by CITY OF SANTA ANA, and may be
modified by CITY OF SANTA ANA from time to time to meet its reasonable needs. Failure to
provide accurate information in a timely manner will constitute a material breach of this
Agreement.
B. The entire proceeds of all such billings and collection efforts will be the sole property
of CITY OF SANTA ANA. Neither Contractor nor the Mutual Aid Provider will have any right
to the proceeds of any billings or collections for services provided under the First Tier Service,
the Mutual Aid Service or for any other services provided under this Agreement, unless
specifically authorized in writing by CITY OF SANTA ANA. Contractor must design its bid so
that the amount bid as the Contract Price will be sufficient to provide the required level of
services under both the First Tier Service and the Mutual Aid Service, without expecting any
additional amounts in compensation.
C. CITY OF SANTA ANA may amend this contract in the event the City of Santa Ana
elects an optional bid proposal submitted by a contractor as part of the Phase II RFP process.
S. Term
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June 14, 2012
25F-99
0 City of Santa Ana
A. Effective Date. The effective date of this Agreement shall be TBD hours on TBD,
("Effective Date"), at which time CONTRACTOR will assume full responsibility for the
provision of 9-1-1 Emergency Transportation Services within the CITY OF SANTA ANA. At
the sole discretion of the OCFA on behalf of the City of Santa Ana, the Effective Date may be
postponed in order to protect public health and safety, or in the event CONTRACTOR is for any
reason unable to commence performance at that time.
B. Initial Term. This Agreement is for an initial three (3) year term, beginning on the
Effective Date and ending on TBD hours on TBD (the "Initial Term"). The contract shall
automatically expire at the end of the Initial Term unless extended as provided below.
C. Extension. Upon the mutual written agreement of the parties, the contract may be
extended for up to two (2) additional one (1) year terms (for a possible total of 5 years).
Successful past performance during the initial contract period will be a critical factor in the
decision to grant an extension. The OCFA's decision to either grant or deny a contract
extension(s) shall be final. The decision to grant an extension shall be made by the OCFA on
behalf of the City of Santa Ana. At the end of the Initial Term, or at the end of contract extension
term(s) if granted, this Agreement shall automatically terminate (the Initial Term together with
any contract extension(s), if any, shall hereinafter be collectively referred to as the "Term").
6. Termination
This Agreement may be terminated by the parties as hereinafter provided:
A. This Agreement may be terminated by either party, with or without cause, upon ninety
(90) days prior written notice to the other party.
B. OCFA on behalf of the CITY OF SANTA ANA may terminate this Agreement for
Cause by providing CONTRACTOR seven (7) days prior written notice of termination for Cause
and the factors constituting Cause.
C. OCFA on behalf of the CITY OF SANTA ANA may terminate this Agreement
immediately if the OCFA Fire Chief or designee (in their reasonable discretion) determine that
continued operations by CONTRACTOR following the breach would constitute a danger to the
public health, safety or general welfare.
7. Breach of Agreement
A. Factors Constituting Breach and Cause. Factors constituting a breach of this
Agreement and also warranting Cause for termination include but are not limited to each of the
following:
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June 14, 2012
25F-100
C) City of Santa Ana
1. A failure by CONTRACTOR's to perform the covenants and requirements set
forth in the Contract Documents in the time and manner specified, and as required
by this Agreement.
2. Failure of CONTRACTOR to perform the 9-1-1 Emergency Transportation
Services in a manner which enables the CITY OF SANTA ANA/OCFA or
CONTRACTOR to remain in compliance with the requirements of the County of
Orange Emergency Medical Services ("OCEMS") ambulance ordinance and
related rules and regulations.
3. Supplying the CITY OF SANTA ANA/OCFA with materially false or
misleading information during the RFP process or during the course of
producing any required reports to the CITY OF SANTA ANA or OCFA.
4. Willful falsification or unreasonable withholding of data supplied to the CITY
OF SANTA ANA or OCFA or to OCEMS during the Term of this Agreement,
including but not limited to: dispatch data, patient report data, response time data,
financial data, or omission of other data required under this Agreement.
5. Failure to meet the minimum vehicle deployment plan for ambulance service as
described in the RFP.
6. Failure of CONTRACTOR's employees to conduct themselves in a
professional and courteous manner, and to present a professional appearance.
7. Failure of CONTRACTOR to maintain all required vehicle maintenance
schedules and records as set forth as described in the RFP or as reasonably
required by CITY OF SANTA ANA or OCFA.
8. Failure of CONTRACTOR to maintain all training and continuing education as
required in the RFP, and as required by OCFA and OCEMS policies and
procedures and State regulations.
9. CONTRACTOR's failure or refusal to respond to any request by CITY OF
SANTA ANA or OCFA concerning the manner or means by which
CONTRACTOR is providing the operation of 9-1-1 Emergency Transportation
Services in the CITY OF SANTA ANA under this Agreement and pursuant to the
Contract Documents.
10. Transfer or assignment of ownership or other interest in CONTRACTOR
contrary to the terms of this Agreement, including but not limited to Section 11 of
this Agreement ["Assignment"].
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June 14, 2012
25F-101
City of Santa Ana
H. Disruption of service due to failure to maintain ambulance maintenance
schedule.
12. The lapse of any license, permit or approval issued CONTRACTOR by a
federal, state or local government, which license, permit or approval is/are
reasonably necessary for the provision of the 9-1-1 Emergency Transportation
Services contemplated by the Contract Documents.
13. CONTRACTOR becomes insolvent or unable to pay its debts as they mature,
or makes an assignment for the benefit of creditors, or suffers or fails to pay and
discharge within ninety (90) days of entry any final judgment (after exhaustion of
any period of appeals) by any court in an amount of fifty thousand dollars
($50,000.00) or more.
14. CONTRACTOR files, or there is filed against CONTRACTOR, a petition to
have CONTRACTOR adjudicated in a bankruptcy, or a petition for a
reorganization or arrangement under any law relating to bankruptcy or
insolvency.
15. CONTRACTOR is enjoined or prohibited by any court of competent
jurisdiction from performing services under this Agreement.
16. The assets of CONTRACTOR are assumed by a trustee or other person
pursuant to a judicial proceeding.
17. CONTRACTOR breaches or defaults in the performance of any of
CONTRACTOR's material duties or obligations arising under this Agreement
involving the payment of money, and after receiving written notice thereof from
CITY OF SANTA ANA fails within seven (7) days from receipt of such notice or
have fully cured and corrected such breach or default.
18. Lapse of insurance required under this Agreement.
19. Failure to manage and resolve citizen complaints to the satisfaction of the
CITY OF SANTA ANA or OCFA.
20. Failure to meet the on-time performance criteria as required in the RFP.
21. The breach or default of, or a failure to comply with, any material provision of
this Agreement, any material provision of the RFP, or of any covenant
specifically contained herein or incorporated by reference.
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June 14, 2012
25F-102
City of Santa Ana
B. Right to Cure. In the event of any dispute arising under this Agreement, the injured
Party shall notify the injuring Party in writing of its contentions by submitting a claim
therefore. The injured Party shall continue performing its obligations hereunder so long
as the injuring Party cures any default within thirty (30) days after service of the notice;
provided, however, if a breach of this Agreement creates an immediate danger to the
health and safety or general welfare to the CITY OF SANTA ANA, in the reasonable
discretion of the Fire Chief or designee, may take immediate action to remedy the breach
itself and/or terminate this Agreement.
Notwithstanding the preceding, if the Fire Chief or designee finds that CONTRACTOR
is diligently proceeding with all steps necessary to cure such default, the Fire Chief or
designee in conjunction with the CITY OF SANTA ANA may, in his sole discretion,
extend the time period by which CONTRACTOR must cure such deficiencies, including
the effective date of such termination.
C. Waiver. No waiver of any Event of Breach or Default shall be valid or effective unless
in writing and signed by CITY OF SANTA ANA. Any waiver of any one Event of Default or
Breach shall not constitute, or be construed as creating, a waiver of any other Event of Default or
Breach.
D. Action Following Termination. Should this Agreement be terminated for breach,
CONTRACTOR agrees that CITY OF SANTA ANA and/or OCFA, in their discretion, may take
immediate possession of any CITY OF SANTA ANA or OCFA materials, equipment, and
supplies CONTRACTOR may have used in the performance of the 9-1-1 Emergency
Transportation Services. Notwithstanding the above, should this Agreement be terminated for
breach, CITY OF SANTA ANA or OCFA shall have the option to take over the delivery of the
9-1-1 Emergency Transportation Services itself, using CITY OF SANTA ANA personnel or
contractors; contract on a temporary emergency basis with other providers of emergency
transport ambulance services; seek new proposals for service; or such other option as may be
deemed necessary and legally available to CITY OF SANTA ANA.
E. No Limitation on CITY OF SANTA ANA's Rights. Nothing herein shall act as any
limitation upon the remedies available to CITY OF SANTA ANA whether at law, or otherwise,
in the event of a breach or default of this Agreement.
8. Insurance
A. Prior to beginning the provision of 9-1-1 Emergency Transportation Services under
this
Agreement, CONTRACTOR must provide to the satisfaction of the CITY OF SANTA ANA and
OCFA, certificates of insurance and endorsements evidencing the policy or policies of insurance
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June 14, 2012
25F-103
~-" City of Santa Ana
kAjl-:-
in the types and amounts set forth below. CONTRACTOR shall at all times during the term of
this Agreement carry, maintain, and keep in full force and effect, the following minimum scope
of insurance coverage:
1) Commercial General Liability Insurance in an amount not less than
$10,000,000 per occurrence, written on an occurrence form. If the policy carries an
annual aggregate, such aggregate shall be in an amount not less than $10,000,000 per
occurrence.
2) Ambulance Medical Malpractice Insurance in an amount not less than
$3,000,000 per occurrence. If the policy carries an annual aggregate, such aggregate shall
be in an amount not less than $6,000,000 per occurrence. Such insurance coverage may
be combined with either the general or automobile liability coverage required above;
provided, however, if the insurance coverage is so structured, the combined coverage
shall be in an amount not less than $5,000,000 per occurrence, with an annual aggregate
of not less than $10,000,000.
3) Comprehensive Business Automobile Liability Insurance in an amount not less
than $3,000,000 per occurrence, covering owned, non-owned and hired vehicles, written
on an occurrence form. If policy carries an annual aggregate, such aggregate shall be in
an amount not less than $6,000,000 per occurrence.
Contractor understands that it must provide Business Automobile Liability coverage for
all vehicles under both the First Tier Service and the Mutual Aid Service. This
specifically includes, but is not limited to, Contractor's obligation to provide Business
Automobile Liability coverage for any vehicles provided by CITY OF SANTA
ANA/OCFA for use by Contractor under the First Tier, as well as for any vehicles
provided by Contractor directly.
4) Workers' Compensation and Employers' Liability Insurance in a statutory
amount for workers' compensation and in an amount not less than $1,000,000 for
employers' liability. Such insurance shall contain a waiver-of-subrogation clause in favor
of the CITY OF SANTA ANA and OCFA, and their respective officers, officials,
employees and agents.
B. CONTRACTOR shall also comply with the following requirements:
1) If the above-required insurance coverage does not provide for an annual
aggregate which is twice the per-occurrence limit, in the alternative the insurance policy
(policies) shall be amended (by appropriate ISO endorsements) so that the policy limits
apply solely to this Agreement.
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0 City of Santa Ana
2) The above-required liability insurance shall be in a form which supports
coverage for the provisions of the indemnification clause required under this Agreement,
including a claim brought against the CITY OF SANTA ANA and/or OCFA for the
injury to, or death of an employee or agent of CONTRACTOR.
3) In the event of a claim (claims) against the above-referenced liability policies
which reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR
shall immediately notify OCFA. In the event a claim (claims) against the above-
referenced liability policies which are reasonably expected to deplete 90% of the
aggregate limits, CONTRACTOR shall, at CONTRACTOR's expense, reinstate the
aggregate limits at least to an amount equal to one-half of the face amount of the
aggregate limits on the policies.
4) All insurance required pursuant to this section shall be issued by a company
authorized by the Insurance Department of the State of California and rated A-VII or
better by the latest edition of Best's Key Rating Guide.
5) No insurance required herein shall provide for a deductible in excess of $5,000
or a self-insured retention in any amount, without prior written consent of the CITY OF
SANTA ANA and OCFA; and, the granting or denying of such consent shall be at the
sole and absolute discretion of the CITY OF SANTA ANA and OCFA.
C. Endorsements.
1) All insurance required herein shall be endorsed to state that "Coverage shall
not be suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior to written notice by certified mail, return receipt requested, has been given
to the CITY OF SANTA ANA and OCFA."
2) The liability policies required herein, except for professional liability (if a
stand-above coverage), workers compensation and employers' liability, shall, by
endorsement, contain the following provisions:
(a) "The CITY OF SANTA ANA and OCFA, and their respective officers
officials, employees, representatives, and volunteers, are hereby declared to be
additional insureds as respects the operations, activities, work, errors, or
omissions of the named insured arising out of or in connection with any contract
or agreement with the CITY OF SANTA ANA."
(b) "This insurance is primary to, and shall not contribute with, any
insurance or self-insurance maintained by the CITY OF SANTA ANA, by OCFA,
or by any of the designated additional insureds."
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June 14, 2012
25F-105
0 City of Santa Ana
(c) "This 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."
3) Worker's Compensation and Professional Liability policies shall be endorsed
to state that the insurer waives all rights of subrogation against the CITY OF SANTA
ANA and OCFA, and their respective officers, officials, agents, employees, and
volunteers for losses arising from work performed by the CONTRACTOR under this
Agreement.
D. All insurance coverages shall be confirmed by execution of endorsements and
certificates of insurance. CONTRACTOR is required to file the completed policy endorsements
and certificates with CITY OF SANTA ANA and OCFA on or before the Effective Date of this
Agreement, and to thereafter maintain current endorsements on file with CITY OF SANTA
ANA and OCFA. The completed endorsements and certificates of insurance are subject to the
approval of CITY OF SANTA ANA and OCFA.
E. Nothing in this section shall be construed as limiting in any way; the Indemnification
and Hold Harmless clause contained herein in this Agreement, or the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property.
F. CITY OF SANTA ANA or OCFA shall have the right at any time to review the
coverage, form, and limits of insurance required herein. If, in the sole and absolute discretion of
the CITY OF SANTA ANA and/or OCFA, the insurance provisions in this Agreement do not
provide adequate protection for the CITY OF SANTA ANA and/or OCFA, the CITY OF
SANTA ANA and/or OCFA shall have the right to require CONTRACTOR to obtain insurance
sufficient in coverage, form, and limits to provide adequate protection and CONTRACTOR shall
promptly comply with such requirement. The CITY OF SANTA ANA's and OCFA's
requirements shall not be unreasonable, but shall be adequate in the sole opinion of the CITY OF
SANTA ANA and OCFA to protect against the kind and nature of risks which exists at the time
a change of insurance is required, or thereafter.
G. Alternate forms of insurance, that meet the above requirements, must be approved by
the CITY OF SANTA ANA's and OCFA's Risk Manager prior to awarding a contract and
beginning any work under this Agreement.
9. Indemnification
CONTRACTOR agrees to defend, indemnify, hold free and harmless the CITY OF
SANTA ANA and OCFA, and their respective officers, officials, agents, employees and
volunteers, at CONTRACTOR's sole expense, from and against any and all claims, actions, suits
or other legal proceedings brought against the CITY OF SANTA ANA or OCFA, or their
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June 14, 2012
25F-106
C) City of Santa Ana
respective officers, officials, agents, employees or volunteers, arising out of the performance of
the CONTRACTOR, its employees, agents and/or authorized subcontractors, of the work
undertaken pursuant to the Agreement, specifically including but not limited to the 9-1-1
Emergency Transportation Services.
The defense obligation provided for hereunder shall apply without any advance showing
of negligence or wrongdoing by the CONTRACTOR, its employees, agents 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 the CONTRACTOR, its employees,
agents and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit
asserts liability against the CITY OF SANTA ANA or OCFA, or their respective officers,
officials, agents, employees or volunteers, based upon the work performed by the
CONTRACTOR, its employees, agents and/or authorized subcontractors under this Agreement,
whether or not the CONTRACTOR, its employees, agents and/or authorized subcontractors are
specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the
CONTRACTOR shall not be liable for the defense or indemnification of the CITY OF SANTA
ANA or OCFA for claims, actions, complaints or suits arising out of the sole negligence or
willful misconduct of the CITY OF SANTA ANA or OCFA.
10. Compliance with RFP Requirements for Operations, Personnel and Safety.
Without limiting Contractor's duty to comply with other requirements of the RFP,
Contractor understands that throughout the Term of this Agreement Contractor must remain in
full compliance with the terms, conditions and requirements in each of the following sections of
the RFP:
A. Section IV of the RFP, entitled "Operational Standards, Procedures and Performance
Requirements."
B. Section V of the RFP, entitled "Personnel Rules and Requirements."
C. Section VI of the RFP, entitled "Personal Safety Equipment."
The failure of Contractor to abide by any of the requirements set forth in Sections listed
above will be considered a breach of this Agreement, and will be grounds for termination.
11. Assignment.
A. Except as provided herein, Contractor may not delegate, transfer or assign its rights or
otherwise transfer its obligations, in whole or in part, under the proposed contract to any
other person or entity without first obtaining the prior written consent of the OCFA and
not for 180 days after the formal contract award. Any such assignment or transfer without
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the prior written consent of the OCFA shall be void; the attempted assignment shall
constitute a breach of the Contract.
B. For purposes of this section, the following will be considered to be a "transfer" or
`'assignment":
1. Any change in the business structure, including but not limited to, changes
from or to: (a) a sole proprietorship; (b) a partnership, including any change in the
partners; (c) a corporation, including any change in the shareholders, whether by
operation of law or otherwise;
2. Bankruptcy, an assignment for the benefit of creditors, or the appointment of a
receiver; or
3. A transfer by any of the owners, shareholders or members (whichever is
applicable) of Contractor of greater than ten percent (10%) of the ownership
interest, stock or membership interest (whichever is applicable) in Contractor's
business, issued as of the Effective Date by the Contractor, or the sale or transfer
of over twenty-five percent (25%) of the assets of the Contractor. In the event a
Contractor experiences regular stock exchanges in excess of the ten percent (10%)
threshold, a separate agreement may be negotiated to set a threshold that still
provides the OCFA with the protections intended. The stock sale of a publicly
traded corporation that does not constitute a change in majority ownership will
not be deemed a transfer of ownership for purposes of this Section.
12. Audits and Inspections.
At any time during normal business hours, and as often as may reasonably be deemed
necessary by the OCFA, the CITY OF SANTA ANA may observe and inspect
CONTRACTOR's business office, and CONTRACTOR must make promptly available to the
CITY OF SANTA ANA or OCFA for its examination all of CONTRACTOR's records that
pertain to performance of the Agreement. The CITY OF SANTA ANA or OCFA may audit,
examine, and copy any and all CONTRACTOR records pertaining to their performance of the
Agreement, including but not limited to, personnel records, daily logs, conditions of
employment, and all other data. The CITY OF SANTA ANA's or OCFA's right to inspect
CONTRACTOR's business office and any and all records pertaining to their performance of the
Agreement will be restricted to normal business hours and reasonable notice shall be given to
CONTRACTOR in advance of such inspection.
13. Independent Contractor.
A. In the performance of this Agreement, CONTRACTOR shall be acting in an
independent capacity OF SANTA ANA from the CITY OF SANTA ANA and OCFA, and not as
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an agent, employee, partner, or pursuant to any kind of joint venture or partnership with the
CITY OF SANTA ANA or OCFA. The parties understand and agree that CONTRACTOR, its
officers, agents and employees (which term specifically includes, but is not limited to, the
Transportation Personnel) are not employees of the CITY OF SANTA ANA, the County, or
OCFA, and are not entitled to any of the rights, benefits, or privileges of CITY OF SANTA
ANA, County, or OCFA employees including, but not limited to, medical, unemployment, or
workers' compensation insurance.
B. Neither the County, the CITY OF SANTA ANA or OCFA, or any of their respective
officers, elected officials, agents, representatives, or employees, shall have any control over the
conduct of CONTRACTOR's agent's and employees except as specifically set forth in the
Contract Documents. Under no circumstances shall CONTRACTOR or any of its agents or
employees represent that they are in any manner agents or employees of the CITY OF SANTA
ANA, County or OCFA, it being understood that CONTRACTOR its agents and employees are
as to the CITY OF SANTA ANA, County and OCFA, wholly independent contractors and that
CONTRACTOR's obligations to the CITY OF SANTA ANA and OCFA are solely those
prescribed by the Contract Documents.
C. CITY OF SANTA ANA, the County, and OCFA have no responsibility whatsoever
for the payment of any wages, salary, health benefits, retirement benefits, taxes, or any other
benefits that may be due to CONTRACTOR's employees and agents performing 9-1-1
Emergency Transportation Services under this Agreement, specifically including but not limited
to the Transportation Personnel.
CONTRACTOR further acknowledges and agrees that the CITY OF SANTA ANA, the County,
and OCFA have no responsibility whatsoever for the filing of any employer related
documentation (tax forms, payroll, or otherwise) with the federal, state or local governmental
authorities, concerning those
persons CONTRACTOR assigns to perform 9-1-1 Emergency Transportation Services under this
Agreement. The preparation and filing of all employee related documentation shall be the sole
responsibility of CONTRACTOR.
14. Compliance with Laws
All services provided by CONTRACTOR pursuant to the Contract Documents must be
rendered in full compliance with all applicable federal, state, and local laws, rules, statutes, and
regulations. It will be CONTRACTOR's sole responsibility to determine which federal, state,
and local laws, rules, statutes, and regulations apply to the services to be performed pursuant to
the Contract Documents, and to maintain compliance at all times throughout the Term of this
Agreement.
15. Responsibility
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t\
Except as may be specifically stated herein to the contrary, it shall be the responsibility of
CONTRACTOR to provide all Transportation Personnel with whatever resources and equipment
are necessary to perform the 9-1-1 Emergency Transportation Services, and to otherwise satisfy
all of the terms and conditions set forth in the Contract Documents at all times during the Term
of this Agreement. Except where it may be specifically permitted in the Agreement,
CONTRACTOR may not use any outside ambulance service providers or other resources to
satisfy its obligations to provide 9-1-1 Emergency Transportation Services to the CITY OF
SANTA ANA, without first obtaining the prior written consent of the CITY OF SANTA ANA.
Notwithstanding the granting of any such approval by the CITY OF SANTA ANA, nothing
stated herein shall relieve CONTRACTOR of its duties and responsibilities under the
Agreement, and any additional cost incurred shall not be charged to the County, CITY OF
SANTA ANA or OCFA.
16. Acts or Omissions of Representatives
The acts and/or omissions of the owner(s), officers, operators, officials, employees,
agents, and representatives of the CONTRACTOR in the performance of the services and
obligations under the Contract Documents shall constitute the acts and/or omissions of the
CONTRACTOR.
17. Insolvency
CONTRACTOR shall not, without the prior written consent of the OCFA Fire Chief or
designee, suffer either the appointment of a receiver to take possession of all, or substantially all
of the assets of CONTRACTOR, or make a general assignment of such assets for the benefit of
creditors. Any such action taken or suffered by CONTRACTOR under any insolvency or
bankruptcy proceeding constitutes a material breach of this Agreement by CONTRACTOR, and
all property, equipment or materials assigned by OCFA, the CITY OF SANTA ANA and/or the
County to CONTRACTOR related to the provision of services under this contract shall be
automatically "released" by CONTRACTOR and returned back to the possession and control of
the CITY OF SANTA ANA and OCFA. Following the occurrence of any such event, the OCFA
Fire Chief or designee may assign such property, equipment or materials to another 9-1-1
Emergency Transportation Services provider, in the CITY OF SANTA ANA's sole discretion.
18. Familiarity with Work
By execution of this Agreement, CONTRACTOR warrants that:
A. It has thoroughly investigated and considered the 9-1-1 Emergency Transportation
Services to be performed;
B. It possesses any and all licenses which are required under relevant local, State, or
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City of Santa Ana
Federal law to perform the 9-1-1 Emergency Transportation Services contemplated by
this Agreement, and shall maintain all appropriate licenses during the performance of this
Agreement.
C. It has expertise in the provision of 9-1-1 Emergency Transportation Services as that
term is defined in this Agreement;
D. It carefully considered how the 9-1-1 Emergency Transportation Services should be
performed; and
E. It fully understands the difficulties and restrictions attending the performance of the 9-
1-1 Emergency Transportation Services under this Agreement.
19. Validity
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any of the other provisions of this Agreement.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any legal action relating to or arising out of this Agreement shall be subject
to the jurisdiction of the County of Orange, California.
21. Entire Agreement
This Agreement supersedes any and all other agreements whether oral or written,
between the parties hereto with respect to the subject matter hereof, and contains all of the
covenants and agreements between the parties with respect to said matter, and each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that any other agreement or modification of this Agreement shall be
effective only if executed in writing and signed by both CITY OF SANTA ANA, OCFA, and
CONTRACTOR.
22. Attorney's Fees
In the event any legal proceeding is instituted to enforce any term or provision of this
Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys'
fees and costs from the opposing party in an amount determined by the Court to be reasonable.
23. Representatives and Notices
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D City of Santa Ana
The OCFA Fire Chief or his designee shall be the representative of OCFA on behalf of
the CITY OF SANTA ANA for purposes of this Agreement and may issue all consents,
approvals, directives and agreements on behalf of the CITY OF SANTA ANA, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
shall be the representative of CONTRACTOR
for purposes of this Agreement and may issue all consents, approvals, directives and agreements
on behalf of CONTRACTOR, called for by this Agreement, except as otherwise expressly
provided in this Agreement. All notices and written communications sent by one party to the
other shall be personally delivered or sent by registered or certified U.S. Mail, postage prepaid,
return receipt requested, to the following addresses indicated below:
If to OCFA: Attn: Clerk of the Authority
1 Fire Authority Road
Irvine, CA 92602
If to CONTRACTOR:
Attn:
The effective date of any notice or written communications sent by one party to the other
shall be the date received if by personal service, or forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark. Either party may change its address by giving
notice in writing to the other party.
24. Waiver
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, referring expressly to this Paragraph. 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.
25. Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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City of Santa Ana
different times, of any other rights or remedies for the same default or any other default by the
other Party.
26. Cooperation
CONTRACTOR must cooperate with the CITY OF SANTA ANA and take all actions
necessary to ensure that all terms and conditions, and required performance levels, set forth in
the Contract Documents are satisfied at all times throughout the Term of the Agreement.
27. Legal Action
In addition to any other rights or remedies, either Party may take legal action, in law or in
equity, to cure, correct, or remedy and default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
28. Amendment
This Agreement may be amended only by the written mutual consent of CITY OF
SANTA ANA and CONTRACTOR.
29. Additional Services
CONTRACTOR shall not receive compensation for any services provided outside the
scope of the Contract Documents unless such additional services are approved in writing by
CITY OF SANTA ANA prior to CONTRACTOR performing the additional services. It is
specifically understood that oral requests or approvals of such additional services, change orders,
or additional compensation, and any approvals from the CITY OF SANTA ANA, shall be barred
and are unenforceable.
30. Counterparts
This Agreement may be executed in one or more counterparts by the parties hereto. All
counterparts shall be construed together and shall constitute one Agreement.
31. 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.
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City of Santa Ana
T
By:
By:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed
with all formalities required by law on the respective dates set forth opposite their signatures.
"CONTRACTOR"
Title
"CITY OF SANTA ANA"
THE CITY OF SANTA ANA OF SANTA ANA
a public agency
By: By:
CITY OF SANTA ANA City Manager
ATTEST:
CITY OF SANTA ANA City Clerk
APPROVED AS TO FORM:
By:
CITY OF SANTA ANA Attorney
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AGREEMENT
FOR EMS EMERGENCY TRANSPORTATION SERVICES
This agreement ("Agreement") is made and entered into this 17`" day of September, 2012, by and
between the CITY OF SANTA ANA of Santa Ana, a municipal corporation located in the County of
Orange ("CITY OF SANTA ANA" or "CITY") and CARE Ambulance Service, Inc., a California
corporation, with principal offices at 1517 W. Braden Court, Orange, California ("CONTRACTOR").
RECITALS
WHEREAS, CITY issued a Request for Proposals on February 22, 2012 (Phase 1) and on June
14, 2012 (Phase 2) related to the provision of emergency transportation services in the CITY (the "UP").
A copy of the RFP is attached hereto and incorporated herein by this reference as Exhibit "A"; and
WHEREAS, in response to the RFP, CONTRACTOR submitted a Proposal dated July 9, 2012
(the "Proposal"), a copy of which is attached hereto and incorporated herein by this reference as Exhibit
"B"; and
WHEREAS, CONTRACTOR is an ambulance provider fully licensed and otherwise qualified to
perform the work required by this Agreement, and was selected by CITY following evaluation of
proposals submitted in response to the RFP; and
WHEREAS, CITY desires to utilize the services of CONTRACTOR to provide primary
ambulance transportation services and other related services in accordance with the terms of the RFP and
applicable federal, state and local laws; and
WHEREAS, at its meeting of September 17, 2012, the City Council of the CITY OF SANTA
ANA accepted CONTRACTOR's Proposal and authorized CITY staff to negotiate an
Agreement with CONTRACTOR to provide emergency transportation services described in the RFP and
in the Proposal.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein
contained, the parties hereby agree as follows:
AGREEMENT
1. Contract Documents and Order of Precedence
A. This Agreement shall consist of the following documents: (a) this Agreement; (b) the
CITY's RFP, (c) and the CONTRACTOR's Proposal. This Agreement, the RFP, and the Proposal, shall
be hereinafter collectively referred to as the "Contract Documents".
The Contract Documents constitute the entire agreement between the parties. This
Agreement contemplates that CONTRACTOR will do whatever is required to perform the work
in accordance with the terms of the Contract Documents and in accordance with any applicable
governmental laws and regulations, whether specifically identified in the Contract Documents or not.
Should any inconsistency be found to exist between the aforesaid Contract Documents and this written
Agreement, the provisions of this Agreement shall control.
Exhibit 3
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25F-115
B. All provisions of the Contract Documents shall be binding on CONTRACTOR. In the event
there is any discrepancy between the terms and conditions of one or more of the aforementioned Contract
Documents, the Order of Precedence shall be used to resolve the discrepancy unless both parties mutually
agree in writing to an alternative decision. The Order of Precedence for these documents shall be as
follows:
1) First, this Agreement (together with any Amendments thereto).
2) Second, the RFP
3) Third, the Proposal.
2. Scope of Work
A. In exchange for the compensation to be provided by CITY to CONTRACTOR,
CONTRACTOR will perform all of the services described in this Section for CITY. The details of the
services to be provided by CONTRACTOR are described in detail in the Contract Documents. Those
services shall include the provision of all 9-1-1 Emergency Transportation Services, including but not
limited to the First Tier Service and the Mutual Aid Service (as defined below), together with the
provision of any labor, material, supplies and equipment related to the provision of those services, and
any other duties, obligation or services required of CONTRACTOR in the Contract Documents. (All of
the services to be provided by CONTRACTOR under this Agreement shall be hereinafter collectively
referred to as the "9-1-1 9-1-1 Emergency Transportation Services"). CONTRACTOR shall perform the
9-1-1 Emergency Transportation Services in accordance with the terms and conditions contained in this
Agreement, and as described in Contract Documents.
B. All emergency transportation personnel assigned by CONTRACTOR or by the
Mutual Aid Provider to perform 9-1-1 Emergency Transportation Services under this Agreement shall be
hereinafter referred to as the "Transportation Personnel".
C. Without limiting CONTRACTOR's obligation to comply with all of its duties and obligations
under the Contract Documents, the 9-1-1 Emergency Transportation Services to be provided by
CONTRACTOR shall include, but shall not be limited to, each of the following:
1. First Tier Service. CONTRACTOR will provide with its own forces a sufficient
number of fully equipped ambulances and Transportation Personnel, so as to provide, in
accordance with industry standards and this RFP, all of the CITY 's needs for 9-1-1 Emergency
Transportation Service, being able to respond 24 hours a day 7 days a week to all 911 and other
emergencies as required (the "First Tier Service" or "First Tier"). The First Tier Service will be
designed by CONTRACTOR so as to ensure that there are enough of CONTRACTOR's own
ambulances and Transportation Personnel available to meet 100% of the anticipated number of
calls for 9-1-1 Emergency Transportation Service in the City of Santa Ana. The First Tier Service
shall meet the response times and all other requirements of this RFP for the 9-1-1 Emergency
Transportation Service. Each year thereafter, for the duration of the Term of the proposed
Contract, CONTRACTOR will be required to re-evaluate the level of coverage being provided,
so as to ensure it is providing the required level of coverage.
2. Mutual Aid Service. CONTACTOR will also enter into a mutual aid agreement with a
separate qualified ambulance service provider doing business in Orange County, to provide
backup services in the event the First Tier Service is unable to respond to a call for Emergency
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Services (hereinafter "Mutual Aid Contract," "Mutual Aid Service," "Mutual Aid Service" or
"Mutual Aid"). The company providing the Mutual Aid Service will be hereinafter referred to as
the "Mutual Aid Provider." In providing 9-1-1 Emergency Transportation Services the Mutual
Aid Provider must meet the same RFP requirements, response times, and otherwise provide the
same level of service, as CONTRACTOR is required to provide under the Contract. The Mutual
Aid Contract and the Mutual Aid Provider must be approved by the CITY and the OCFA prior to
provision of any service by Contractor, such approval not to be unreasonably withheld. The intent
of this RFP is that CONTRACTOR will provide a sufficient level of coverage under the First Tier
Service, such that services under the Mutual Aid Service will only be needed in rare
circumstances, if at all. CONTRACTOR will be solely responsible for paying the Mutual Aid
Provider for any services rendered under the Mutual Aid, which amount will be the Mutual Aid
Provider's sole compensation for services rendered under the Mutual Aid.
D. BLS and ALS Services. All Transportation Personnel assigned to perform 9-1-1 Emergency
Transportation Services under this Contract, whether under the First Tier Service or Mutual Aid Service,
will provide Basic Life Support ("BLS") services and transport patients to medical facilities when
required. OCFA, in cooperation with the Transportation Personnel, will provide on-scene Advanced Life
Support ("ALS") services.
E. All Transportation Personnel assigned to perform 9-1-1 Emergency Transportation Service
under this Contract, whether under the First Tier Service or Mutual Aid Service, must at all times meet
the minimum qualifications as listed in Section 5 of the RFP.
F. The Agreement is subject to annual review based on the criteria specified in the Contract and
as outlined herein. The CITY's intent is to contract with and hold accountable those parties working with
and on behalf of the CITY and OCFA in providing 9-1-1 Emergency Transportation Service to the
citizens and visitors of Santa Ana.
G. CONTRACTOR and the Mutual Aid Provider will provide type III emergency transport
(ambulance) vehicles (including all costs related to maintenance, fuel, insurance, repair costs and
communication equipment) for all 9-1-1 Emergency Transportation Services provided under the First Tier
Service and the Mutual Aid Service.
3. Contract Price and Payment
A. CITY shall pay CONTRACTOR for furnishing the material and doing the prescribed work at
the unit prices or lump sum prices set forth in CONTRACTOR's Proposal ("Contract Price").
1. CONTRACTOR's sole compensation for providing all 9-1-1 Emergency
Transportation Services, specifically including but not limited to the First Tier Service and
Mutual Aid Service will be the Contract Price. CONTRACTOR will not be entitled to bill CITY
or any of its customers any additional amount for any services provided under this Contract,
unless it is first approved in writing by CITY.
2. The payment of the Contract Price includes the provision of the Mutual Aid Service.
CONTRACTOR will be solely responsible for compensating the Mutual Aid Provider for any 9-
1-1 Emergency Transportation Services it may provide in the City of Santa Ana under this
Contract, which compensation will be at the rate set forth in the Mutual Aid Contract or as
otherwise required by law. CONTRACTOR and the Mutual Aid Provider will not have any
recourse against the CITY to recover for any 9-1-1 Emergency Transportation Services provided
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under either the First Tier Service or the Mutual Aid Service, except as specifically authorized in
the Contract. CONTRACTOR's sole compensation will be the Contract Price it receives from
CITY. In the event of a dispute between the Mutual Aid Provider and CONTRACTOR, the
Mutual Aid Provider's sole remedy will be against CONTRACTOR. This fact will be clearly
stated in the Mutual Aid Contract, and CONTRACTOR must agree to indemnify and defend
CITY OF SANTA ANA against any claims or demands arising out of, or which are in any way
related to, any services provided under the Mutual Aid Service. The Mutual Aid Contract will
include similar provisions requiring the Mutual Aid Provider to indemnify CITY OF SANTA
ANA for any claims or demands made by CONTRACTOR or other parties related to the 9-1-1
Emergency Transportation Services it may provide.
4. Billing
A. CITY will be solely responsible for the billing and collection of all amounts owed by
customers/patients provided 9-1-1 Emergency Transportation Services in the City of Santa Ana, whether
for services provided by CONTRACTOR, the Mutual Aid Provider, OCFA, CITY, or their respective
employees, agents, volunteers, or subcontractors. CITY, in its discretion, will be free to bill for these
services in whatever manner it may deem appropriate, and may combine billings for various services
provided. CONTRACTOR and the Mutual Aid Provider will actively cooperate with CITY to provide
whatever information or assistance CITY may reasonably require so that it can process customer/patient
billings in a timely manner. This will include, but is not limited to, CONTRACTOR providing CITY with
a detailed list of all the 9-1-1 Emergency Transportation Services provided by both the CONTRACTOR
and the Mutual Aid Provider during the preceding month. The specific information to be provided by
CONTRACTOR in the monthly reports will be determined by CITY, and may be modified by CITY from
time to time to meet its reasonable needs. Failure to provide accurate information in a timely manner will
constitute a material breach of this Agreement.
B. The entire proceeds of all such billings and collection efforts will be the sole property of CITY
OF SANTA ANA. Neither CONTRACTOR nor the Mutual Aid Provider will have any right to the
proceeds of any billings or collections for services provided under the First Tier Service, the Mutual Aid
Service or for any other services provided under this Agreement, unless specifically authorized in writing
by CITY. CONTRACTOR must design its bid so that the amount bid as the Contract Price will be
sufficient to provide the required level of services under both the First Tier Service and the Mutual Aid
Service, without expecting any additional amounts in compensation.
C. CITY OF SANTA ANA may amend this contract in the event the City of Santa Ana elects an
optional bid proposal submitted by a contractor as part of the Phase II RFP process.
5. Term
A. Effective Date. The effective date of this Agreement shall be TBD hours on September 20,
2012, ("Effective Date"), at which time CONTRACTOR will assume full responsibility for the provision
of 9-1-1 Emergency Transportation Services within the CITY OF SANTA ANA. At the sole discretion of
the OCFA on behalf of the City of Santa Ana, the Effective Date may be postponed in order to protect
public health and safety, or in the event CONTRACTOR is for any reason unable to commence
performance at that time.
B. Initial Term. This Agreement is for an initial three (3) year term, beginning on the
Effective Date and ending on TBD hours on September 20, 2015 (the "Initial Term"). The contract shall
automatically expire at the end of the Initial Term unless extended as provided below.
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C. Extension. Upon the mutual written agreement of the parties, the contract may be extended for
up to two (2) additional one (1) year terms (for a possible total of 5 years), by a writing executed by the
City Manager and the City Attorney. Successful past performance during the initial contract period will
be a critical factor in the decision to grant an extension. The CITY's decision to either grant or deny a
contract extension(s) shall be final. The decision to grant an extension shall be made with the concurrence
of OCFA. At the end of the Initial Term, or at the end of contract extension term(s) if granted, this
Agreement shall automatically terminate (the Initial Term together with any contract extension(s), if any,
shall hereinafter be collectively referred to as the "Term").
6. Termination
This Agreement may be terminated by the parties as hereinafter provided:
A. This Agreement may be terminated by either party, with or without cause, upon ninety (90)
days prior written notice to the other party.
B. The CITY OF SANTA ANA may terminate this Agreement for Cause by providing
CONTRACTOR seven (7) days prior written notice of termination for Cause and the factors constituting
Cause.
C. OCFA on behalf of the CITY OF SANTA ANA may terminate this Agreement immediately if
the OCFA Fire Chief or designee (in their reasonable discretion) determine that continued operations by
CONTRACTOR following the breach would constitute a danger to the public health, safety or general
welfare.
7. Breach of Agreement
A. Factors Constituting Breach and Cause. Factors constituting a breach of this Agreement and
also warranting Cause for termination include but are not limited to each of the following:
1. A failure by CONTRACTOR to perform the covenants and requirements set forth in the
Contract Documents in the time and manner specified, and as required by this Agreement.
2. Failure of CONTRACTOR to perform the 9-1-1 Emergency Transportation Services in a
manner which enables the CITY OF SANTA ANA/OCFA or CONTRACTOR to remain in
compliance with the requirements of the County of Orange Emergency Medical Services
("OCEMS") ambulance ordinance and related rules and regulations.
3. Supplying the CITY /OCFA with materially false or misleading information during the
RFP process or during the course of producing any required reports to the CITY or OCFA.
4. Willful falsification or unreasonable withholding of data supplied to the CITY OF SANTA
ANA or OCFA or to OCEMS during the Term of this Agreement, including but not limited
to: dispatch data, patient report data, response time data, financial data, or omission of other
data required under this Agreement.
5. Failure to meet the minimum vehicle deployment plan for ambulance service as described
in the RFP.
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6. Failure of CONTRACTOR's employees to conduct themselves in a professional and
courteous manner, and to present a professional appearance.
7. Failure of CONTRACTOR to maintain all required vehicle maintenance schedules and
records as set forth as described in the RFP or as reasonably required by CITY or OCFA.
8. Failure of CONTRACTOR to maintain all training and continuing education as required in
the RFP, and as required by OCFA and OCEMS policies and procedures and State
regulations.
9. CONTRACTOR's failure or refusal to respond to any request by CITY or OCFA
concerning the manner or means by which CONTRACTOR is providing the operation of 9-1-
1 Emergency Transportation Services in the CITY OF SANTA ANA under this Agreement
and pursuant to the Contract Documents.
10. Transfer or assignment of ownership or other interest in CONTRACTOR contrary to the
terms of this Agreement, including but not limited to Section II of this Agreement
["Assignment"].
11. Disruption of service due to failure to maintain ambulance maintenance schedule.
12. The lapse of any license, permit or approval issued CONTRACTOR by a federal, state or
local government, which license, permit or approval is/are reasonably necessary for the
provision of the 9-1-1 Emergency Transportation Services contemplated by the Contract
Documents.
13. CONTRACTOR becomes insolvent or unable to pay its debts as they mature, or makes an
assignment for the benefit of creditors, or suffers or fails to pay and discharge within ninety
(90) days of entry any final judgment (after exhaustion of any period of appeals) by any court
in an amount of fifty thousand dollars ($50,000.00) or more.
14. CONTRACTOR files, or there is filed against CONTRACTOR, a petition to have
CONTRACTOR adjudicated in a bankruptcy, or a petition for a reorganization or
arrangement under any law relating to bankruptcy or insolvency.
15. CONTRACTOR is enjoined or prohibited by any court of competent jurisdiction from
performing services under this Agreement.
16. The assets of CONTRACTOR are assumed by a trustee or other person pursuant to a
judicial proceeding.
17. CONTRACTOR breaches or defaults in the performance of any of CONTRACTOR's
material duties or obligations arising under this Agreement involving the payment of money,
and after receiving written notice thereof from CITY OF SANTA ANA fails within seven (7)
days from receipt of such notice to have fully cured and corrected such breach or default.
18. Lapse of insurance required under this Agreement.
19. Failure to manage and resolve citizen complaints to the satisfaction of the CITY or
OCFA.
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20. Failure to meet the on-time performance criteria as required in the RFP, as amended by
CONTRACTOR'S proposed 93% response time to Code 2 and Code 3 incidents.
21. The breach or default of, or a failure to comply with, any material provision of this
Agreement, any material provision of the RFP, or of any covenant specifically contained
herein or incorporated by reference.
B. Right to Cure. In the event of any dispute arising under this Agreement, the injured Party shall
notify the injuring Party in writing of its contentions by submitting a claim therefore. The injured
Party shall continue performing its obligations hereunder so long as the injuring Party cures any
default within thirty (30) days after service of the notice; provided, however, if a breach of this
Agreement creates an immediate danger to the health and safety or general welfare to the CITY
OF SANTA ANA, in the reasonable discretion of the Fire Chief or designee, may take immediate
action to remedy the breach itself and/or terminate this Agreement.
Notwithstanding the preceding, if the Fire Chief or designee finds that CONTRACTOR is
diligently proceeding with all steps necessary to cure such default, the Fire Chief or designee in
conjunction with the CITY OF SANTA ANA may, in his sole discretion, extend the time period
by which CONTRACTOR must cure such deficiencies, including the effective date of such
termination.
C. Waiver. No waiver of any Event of Breach or Default shall be valid or effective unless in
writing and signed by CITY OF SANTA ANA. Any waiver of any one Event of Default or Breach shall
not constitute, or be construed as creating, a waiver of any other Event of Default or Breach.
D. Action Following Termination. Should this Agreement be terminated for breach,
CONTRACTOR agrees that CITY and/or OCFA, in their discretion, may take immediate possession of
any CITY or OCFA materials, equipment, and supplies CONTRACTOR may have used in the
performance of the 9-1-1 Emergency Transportation Services. Notwithstanding the above, should this
Agreement be terminated for breach, CITY OF SANTA ANA or OCFA shall have the option to take over
the delivery of the 9-1-1 Emergency Transportation Services itself, using CITY personnel or contractors;
contract on a temporary emergency basis with other providers of emergency transport ambulance
services; seek new proposals for service; or such other option as may be deemed necessary and legally
available to CITY.
E. No Limitation on CITY's Rights. Nothing herein shall act as any limitation upon the remedies
available to CITY whether at law, or otherwise, in the event of a breach or default of this Agreement.
8.Insurance
A. Prior to beginning the provision of 9-1-1 Emergency Transportation Services under this
Agreement, CONTRACTOR must provide to the satisfaction of the CITY and OCFA, certificates of
insurance and endorsements evidencing the policy or policies of insurance in the types and amounts set
forth below. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, the following minimum scope of insurance coverage:
1) Commercial General Liability Insurance in an amount not less than $10,000,000 per
occurrence, written on an occurrence form. If the policy carries an annual aggregate, such
aggregate shall be in an amount not less than $10,000,000 per occurrence.
ETS91712 25F-1 21 Page 7
2) Ambulance Medical Malpractice Insurance in an amount not less than $3,000,000 per
occurrence. If the policy carries an annual aggregate, such aggregate shall be in an amount not
less than $6,000,000 per occurrence. Such insurance coverage may be combined with either the
general or automobile liability coverage required above; provided, however, if the insurance
coverage is so structured, the combined coverage shall be in an amount not less than $5,000,000
per occurrence, with an annual aggregate of not less than $10,000,000.
3) Comprehensive Business Automobile Liability Insurance in an amount not less than
$3,000,000 per occurrence, covering owned, non-owned and hired vehicles, written on an
occurrence form. If policy carries an annual aggregate, such aggregate shall be in an amount not
less than $6,000,000 per occurrence.
CONTRACTOR understands that it must provide Business Automobile Liability coverage for all
vehicles under both the First Tier Service and the Mutual Aid Service. This specifically includes,
but is not limited to, CONTRACTOR's obligation to provide Business Automobile Liability
coverage for any vehicles provided by CITY /OCFA for use by CONTRACTOR under the First
Tier, as well as for any vehicles provided by CONTRACTOR directly.
4) Workers' Compensation and Employers' Liability Insurance in a statutory amount for
workers' compensation and in an amount not less than $1,000,000 for employers' liability. Such
insurance shall contain a waiver-of-subrogation clause in favor of the CITY OF SANTA ANA
and OCFA, and their respective officers, officials, employees and agents.
B. CONTRACTOR shall also comply with the following requirements:
1) If the above-required insurance coverage does not provide for an annual aggregate
which is twice the per-occurrence limit, in the alternative the insurance policy (policies) shall be
amended (by appropriate ISO endorsements) so that the policy limits apply solely to this
Agreement.
2) The above-required liability insurance shall be in a form which supports coverage for
the provisions of the indemnification clause required under this Agreement, including a claim
brought against the CITY OF SANTA ANA and/or OCFA for the injury to, or death of an
employee or agent of CONTRACTOR.
3) In the event of a claim (claims) against the above-referenced liability policies which
reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall
immediately notify CITY and OCFA. In the event a claim (claims) against the above-referenced
liability policies which are reasonably expected to deplete 90% of the aggregate limits,
CONTRACTOR shall, at CONTRACTOR's expense, reinstate the aggregate limits at least to an
amount equal to one-half of the face amount of the aggregate limits on the policies.
4) All insurance required pursuant to this section shall be issued by a company authorized
by the Insurance Department of the State of California and rated A-VII or better by the latest
edition of Best's Key Rating Guide.
5) No insurance required herein shall provide for a deductible in excess of $5,000 or a
self-insured retention in any amount, without prior written consent of the CITY and OCFA; and,
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the granting or denying of such consent shall be at the sole and absolute discretion of the CITY
OF SANTA ANA and OCFA.
C. Endorsements.
1) All insurance required herein shall be endorsed to state that "Coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior to
written notice by certified mail, return receipt requested, has been given to the CITY OF SANTA
ANA and OCFA."
2) The liability policies required herein, except for professional liability (if a stand-above
coverage), workers compensation and employers' liability, shall, by endorsement, contain the
following provisions:
(a) "The CITY OF SANTA ANA and OCFA, and their respective officers
officials, employees, representatives, and volunteers, are hereby declared to be additional
insureds as respects the operations, activities, work, errors, or omissions of the named
insured arising out of or in connection with any contract or agreement with the CITY OF
SANTA ANA."
(b) "This insurance is primary to, and shall not contribute with, any insurance or
self-insurance maintained by the CITY OF SANTA ANA, by OCFA, or by any of the
designated additional insureds."
(c) "This 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."
3) Worker's Compensation and Professional Liability policies shall be endorsed to state
that the insurer waives all rights of subrogation against the CITY OF SANTA ANA and OCFA,
and their respective officers, officials, agents, employees, and volunteers for losses arising from
work performed by the CONTRACTOR under this Agreement.
D. All insurance coverages shall be confirmed by execution of endorsements and certificates of
insurance. CONTRACTOR is required to file the completed policy endorsements and certificates with
CITY OF SANTA ANA and OCFA on or before the Effective Date of this Agreement, and to thereafter
maintain current endorsements on file with CITY and OCFA. The completed endorsements and
certificates of insurance are subject to the approval of CITY and OCFA.
E. Nothing in this section shall be construed as limiting in any way; the Indemnification and Hold
Harmless clause contained herein in this Agreement, or the extent to which CONSULTANT may be held
responsible for payments of damages to persons or property.
F. CITY OF SANTA ANA or OCFA shall have the right at any time to review the coverage,
form, and limits of insurance required herein. If, in the sole and absolute discretion of the CITY and/or
OCFA, the insurance provisions in this Agreement do not provide adequate protection for the CITY OF
SANTA ANA and/or OCFA, the CITY and/or OCFA shall have the right to require CONTRACTOR to
obtain insurance sufficient in coverage, form, and limits to provide adequate protection and
CONTRACTOR shall promptly comply with such requirement. The CITY's and OCFA's requirements
shall not be unreasonable, but shall be adequate in the sole opinion of the CITY and OCFA to protect
against the kind and nature of risks which exists at the time a change of insurance is required, or
thereafter.
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G. Alternate forms of insurance, that meet the above requirements, must be approved by the
CITY OF SANTA ANA's and OCFA's Risk Manager prior to awarding a contract and beginning any
work under this Agreement.
9. Indemnification
CONTRACTOR agrees to defend, indemnify, hold free and harmless the CITY OF SANTA
ANA and OCFA, and their respective officers, officials, agents, employees and volunteers, at
CONTRACTOR's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the CITY OF SANTA ANA or OCFA, or their respective officers, officials,
agents, employees or volunteers, arising out of the performance of the CONTRACTOR, its employees,
agents and/or authorized subcontractors, of the work undertaken pursuant to the Agreement, specifically
including but not limited to the 9-1-1 Emergency Transportation Services.
The defense obligation provided for hereunder shall apply without any advance showing of
negligence or wrongdoing by the CONTRACTOR, its employees, agents 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 the CONTRACTOR, its employees, agents and/or
authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against
the CITY OF SANTA ANA or OCFA, or their respective officers, officials, agents, employees or
volunteers, based upon the work performed by the CONTRACTOR, its employees, agents and/or
authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees,
agents and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification
of the CITY OF SANTA ANA or OCFA for claims, actions, complaints or suits arising out of the sole
negligence or willful misconduct of the CITY OF SANTA ANA or OCFA.
10. Compliance with RFP Requirements for Operations, Personnel and Safety.
Without limiting CONTRACTOR's duty to comply with other requirements of the RFP,
Contractor understands that throughout the Term of this Agreement CONTRACTOR must remain in full
compliance with the terms, conditions and requirements in each of the following sections of the RFP:
A. Section 4 of the RFP, entitled "Operational Standards, Procedures and Performance
Requirements."
B. Section 5 of the RFP, entitled "Personnel Rules and Requirements."
C. Section 6 of the RFP, entitled "Personal Safety Equipment."
The failure of CONTRACTOR to abide by any of the requirements set forth in Sections listed
above will be considered a breach of this Agreement, and will be grounds for termination.
11. Assignment.
A. Except as provided herein, CONTRACTOR may not delegate, transfer or assign its rights or
otherwise transfer its obligations, in whole or in part, under the proposed contract to any other
person or entity without first obtaining the prior written consent of the CITY OF SANTA ANA
and OCFA and not for 180 days after the formal contract award. Any such assignment or transfer
without the prior written consent of the CITY and OCFA shall be void; the attempted assignment
shall constitute a breach of the Contract.
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B. For purposes of this section, the following will be considered to be a "transfer" or
"assignment":
1. Any change in the business structure, including but not limited to, changes from or to:
(a) a sole proprietorship; (b) a partnership, including any change in the partners; (c) a
corporation, including any change in the shareholders, whether by operation of law or
otherwise;
2. Bankruptcy, an assignment for the benefit of creditors, or the appointment of a
receiver; or
3. A transfer by any of the owners, shareholders or members (whichever is applicable) of
CONTRACTOR of greater than ten percent (10%) of the ownership interest, stock or
membership interest (whichever is applicable) in CONTRACTOR's business, issued as
of the Effective Date by the CONTRACTOR, or the sale or transfer of over twenty-five
percent (25%) of the assets of the CONTRACTOR. In the event a CONTRACTOR
experiences regular stock exchanges in excess of the ten percent (10%) threshold, a
separate agreement may be negotiated to set a threshold that still provides the OCFA with
the protections intended. The stock sale of a publicly traded corporation that does not
constitute a change in majority ownership will not be deemed a transfer of ownership for
purposes of this Section.
12. Audits and Inspections.
At any time during normal business hours, and as often as may reasonably be deemed necessary
by the CITY and OCFA, the CITY may observe and inspect CONTRACTOR's business office, and
CONTRACTOR must make promptly available to the CITY or OCFA for its examination all of
CONTRACTOR's records that pertain to performance of the Agreement. The CITY or OCFA may audit,
examine, and copy any and all CONTRACTOR records pertaining to their performance of the
Agreement, including but not limited to, personnel records, daily logs, conditions of employment, and all
other data. The CITY's or OCFA's right to inspect CONTRACTOR's business office and any and all
records pertaining to their performance of the Agreement will be restricted to normal business hours and
reasonable notice shall be given to CONTRACTOR in advance of such inspection.
13. Independent Contractor.
A. In the performance of this Agreement, CONTRACTOR shall be acting in an independent
capacity from the CITY OF SANTA ANA and OCFA, and not as an agent, employee, partner, or
pursuant to any kind of joint venture or partnership with the CITY or OCFA. The parties understand and
agree that CONTRACTOR, its officers, agents and employees (which term specifically includes, but is
not limited to, the Transportation Personnel) are not employees of the CITY, the County, or OCFA, and
are not entitled to any of the rights, benefits, or privileges of CITY, County, or OCFA employees
including, but not limited to, medical, unemployment, or workers' compensation insurance.
B. Neither the County, the CITY OF SANTA ANA or OCFA, or any of their respective officers,
elected officials, agents, representatives, or employees, shall have any control over the conduct of
CONTRACTOR's agent's and employees except as specifically set forth in the Contract Documents.
Under no circumstances shall CONTRACTOR or any of its agents or employees represent that they are in
any manner agents or employees of the CITY, County or OCFA, it being understood that
ETS91712 Page 11
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CONTRACTOR its agents and employees are as to the CITY, County and OCFA, wholly independent
contractors and that CONTRACTOR's obligations to the CITY and OCFA are solely those prescribed by
the Contract Documents.
C. CITY, the County, and OCFA have no responsibility whatsoever for the payment of any
wages, salary, health benefits, retirement benefits, taxes, or any other benefits that may be due to
CONTRACTOR's employees and agents performing 9-1-1 Emergency Transportation Services under this
Agreement, specifically including but not limited to the Transportation Personnel. CONTRACTOR
further acknowledges and agrees that the CITY, the County, and OCFA have no responsibility
whatsoever for the filing of any employer related documentation (tax forms, payroll, or otherwise) with
the federal, state or local governmental authorities, concerning those persons CONTRACTOR assigns to
perform 9-1-1 Emergency Transportation Services under this Agreement. The preparation and filing of all
employee related documentation shall be the sole responsibility of CONTRACTOR.
14. Compliance with Laws
All services provided by CONTRACTOR pursuant to the Contract Documents must be rendered
in full compliance with all applicable federal, state, and local laws, rules, statutes, and regulations. It will
be CONTRACTOR's sole responsibility to determine which federal, state, and local laws, rules, statutes,
and regulations apply to the services to be performed pursuant to the Contract Documents, and to
maintain compliance at all times throughout the Term of this Agreement.
15. Responsibility
Except as may be specifically stated herein to the contrary, it shall be the responsibility of
CONTRACTOR to provide all Transportation Personnel with whatever resources and equipment are
necessary to perform the 9-1-1 Emergency Transportation Services, and to otherwise satisfy all of the
terms and conditions set forth in the Contract Documents at all times during the Term of this Agreement.
Except where it may be specifically permitted in the Agreement, CONTRACTOR may not use any
outside ambulance service providers or other resources to satisfy its obligations to provide 9-1-1
Emergency Transportation Services to the CITY OF SANTA ANA, without first obtaining the prior
written consent of the CITY. Notwithstanding the granting of any such approval by the CITY, nothing
stated herein shall relieve CONTRACTOR of its duties and responsibilities under the Agreement, and any
additional cost incurred shall not be charged to the County, CITY or OCFA.
16. Acts or Omissions of Representatives
The acts and/or omissions of the owner(s), officers, operators, officials, employees, agents, and
representatives of the CONTRACTOR in the performance of the services and obligations under the
Contract Documents shall constitute the acts and/or omissions of the CONTRACTOR.
17. Insolvency
CONTRACTOR shall not, without the prior written consent of the CITY and OCFA Fire Chief or
designee, suffer either the appointment of a receiver to take possession of all, or substantially all of the
assets of CONTRACTOR, or make a general assignment of such assets for the benefit of creditors. Any
such action taken or suffered by CONTRACTOR under any insolvency or bankruptcy proceeding
constitutes a material breach of this Agreement by CONTRACTOR, and all property, equipment or
materials assigned by OCFA, the CITY OF SANTA ANA and/or the County to CONTRACTOR related
to the provision of services under this contract shall be automatically "released" by CONTRACTOR and
ETS91712 25F-126 Page 12
returned back to the possession and control of the CITY OF SANTA ANA and OCFA. Following the
occurrence of any such event, the OCFA Fire Chief or designee may assign such property, equipment or
materials to another 9-1-1 Emergency Transportation Services provider, in the CITY OF SANTA ANA's
sole discretion.
18. Familiarity with Work
By execution of this Agreement, CONTRACTOR warrants that:
A. It has thoroughly investigated and considered the 9-1-1 Emergency Transportation Services to
be performed;
B. It possesses any and all licenses which are required under relevant local, State, or
Federal law to perform the 9-1-1 Emergency Transportation Services contemplated by this
Agreement, and shall maintain all appropriate licenses during the performance of this Agreement.
C. It has expertise in the provision of 9-1-1 Emergency Transportation Services as that term is
defined in this Agreement;
D. It carefully considered how the 9-1-1 Emergency Transportation Services should be
performed; and
E. It fully understands the difficulties and restrictions attending the performance of the 9-1-1
Emergency Transportation Services under this Agreement.
19. Validity
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any of the other provisions of this Agreement.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction
of the County of Orange, California.
21. Entire Agreement
This Agreement supersedes any and all other agreements whether oral or written, between the
parties hereto with respect to the subject matter hereof, and contains all of the covenants and agreements
between the parties with respect to said matter, and each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or
modification of this Agreement shall be effective only if executed in writing and signed by both CITY OF
SANTA ANA, OCFA, and CONTRACTOR.
22. Attorney's Fees
In the event any legal proceeding is instituted to enforce any term or provision of this Agreement,
the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the
opposing party in an amount determined by the Court to be reasonable.
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23. Representatives and Notices
The City Manager or his designee shall be the representative of CITY. The OCFA Fire Chief or
his designee shall be the representative of OCFA. For purposes of this Agreement the City Manager and
may issue all administrative consents, approvals, directives and agreements. The OCFA Fire Chief on
behalf of the CITY OF SANTA ANA, may issue operational directives required by this Agreement,
except as otherwise expressly provided in this Agreement.
shall be the representative of CONTRACTOR for
purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of
CONTRACTOR, called for by this Agreement, except as otherwise expressly provided in this Agreement.
All notices and written communications sent by one party to the other shall be personally delivered or
sent by registered or certified U.S. Mail, postage prepaid, return receipt requested, to the following
addresses indicated below:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M30)
P.O. Box 1988
Santa Ana, CA 92702
With Courtesy copy to OCFA:
Attn: Clerk of the Authority
1 Fire Authority Road
Irvine, CA 92602
If to CONTRACTOR: CARE Ambulance Service, Inc.
Mr. Rick Richardson
1517 W. Braden Court
Orange, CA 92868
The effective date of any notice or written communications sent by one party to the other shall be
the date received if by personal service, or forty-eight (48) hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark. Either party may change its address by giving notice in writing to
the other party.
24. Waiver
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, referring
expressly to this Paragraph. 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.
25. Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,
the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other Party.
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26. Cooperation
CONTRACTOR must cooperate with the CITY OF SANTA ANA and take all actions necessary
to ensure that all terms and conditions, and required performance levels, set forth in the Contract
Documents are satisfied at all times throughout the Term of the Agreement.
27. Legal Action
In addition to any other rights or remedies, either Party may take legal action, in law or in equity,
to cure, correct, or remedy and default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with
the purposes of this Agreement.
28. Amendment
This Agreement may be amended only by the written mutual consent of CITY OF SANTA ANA
and CONTRACTOR.
29. Additional Services
CONTRACTOR shall not receive compensation for any services provided outside the scope of
the Contract Documents unless such additional services are approved in writing by CITY OF SANTA
ANA prior to CONTRACTOR performing the additional services. It is specifically understood that oral
requests or approvals of such additional services, change orders, or additional compensation, and any
approvals from the CITY OF SANTA ANA, shall be barred and are unenforceable.
30. Counterparts
This Agreement may be executed in one or more counterparts by the parties hereto. All
counterparts shall be construed together and shall constitute one Agreement.
31. 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.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed
with all formalities required by law on the respective dates set forth opposite their signatures.
"CONTRACTOR"
CARE AMBULANCE SERVICE, INC.
By:
Name
Title
CITY OF SANTA ANA
By:
ATTEST:
By:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Paul M. Walters
City Manager
Laura Sheedy
Assistant City Attorney
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PRICE WORKSHEET
CITY OF SANTA ANA RFP # JRSB002 FOR
EMERGENCY AMBULANCE TRANSPORTATION AND RELATED SERVICES
EMERGENCY TRANSPORTATION SERVICE FOR PERIOD OF 9/1/12-9/30/13
Annual Contract Price
$ 2,881,675
Not to exceed $ per month $ 240,140
Optional Billing: (Price Per Transport) $ 17.50 per transport or $ 190,000 Annually
EMERGENCY TRANSPORTATION SERVICE FOR PERIOD : 9/1113-9/30/14
Annual Contract Price
$ 2,968,125
Not to exceed $ per month $ 247,344
Optional Billing: (Price Per Transport) $ 18.00 per transport or $ 195,480 Annually
EMERGENCY TRANSPORTATION SERVICE FOR PERIOD 9/1/14-9/30/15
Annual Contract Price $ $ 3,057,169
Not to exceed $ per month $ 254,764
Optional Billing: (Price Per Transport) $ 18.50 per transport or $ 200,910 Annually
Optional I -Year Extension:
EMERGENCY TRANSPORTATION SERVICE FOR PERIOD: 9/1/15-9/30/16
Annual Contract Price $
$ 3,148,884
Not to exceed $ per month $ 262,407
Optional Billing: (Price Per Transport) $ 19.00 per transport or $ 206,340 Annually
Optional 1-Year Extension:
EMERGENCY TRANSPORTATION SERVICE FOR PERIOD : 9/1/15-9/30/16
Annual Contract Price $
$ 3,243,350
Not to exceed $ per month $ 270,279
Optional Billing: (Price Per Transport) $ 19.50 per transport or $ 21 1,770 Annually
'Dates assume a September 1, 2012 contract effective date.
43
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