HomeMy WebLinkAbout FULL PACKET_2012-09-17MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 4, 2012
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO (5:13 p.m.)
SAL TINAJERO (5:22 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney,
that discussion in open session of the following matters will prejudice the position of the City in existing
and anticipated litigation:
1A CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
Property and Business Improvement District ( "PBID ") /Community
Management District (CMD), Downtown Inc. *
*Mayor Pulido, and Councilmembers Martinez and Sarmiento declared a Conflict of Interest, left the
room and did not participate in the discussion of the matter.
CITY COUNCIL MINUTES
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SEPTEMBER 4, 2012
1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: Wilfrido and Lucina Garcia (Claim #2012 -046)
1 C PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION pursuant
to Government Code Section 54957
Title: Clerk of the Council
CLOSED SESSION REPORT — See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:28 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 SEPTEMBER 4, 2012
G r�7.
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:30 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BEAR SUMMERS, POLICE CHAPLAIN
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Mary D. Kelley, Senior Personnel Analyst,
Personnel Services
PROCLAMATION presented by MAYOR PULIDO to Court Appointed Special
Advocates (CASA) in recognition of their commitment to represent the best interests of
a child in dependency, neglect or abuse cases thus helping to ensure that a child's right
to a safe and permanent home is acted upon in a sensitive, expedient manner; Board
Chairman Mark Steiman and Chief Executive Officer Gene Howard, and Cal Winslow,
CEO, Orangewood Children's Foundation will be accepting this recognition.
CITY COUNCIL MINUTES 3 SEPTEMBER 4, 2012
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PROCLAMATION presented by MAYOR PULIDO to WisePlace in recognition of their
25th Anniversary; Kathleen Davis - Bowman, Executive Director, will be accepting this
recognition.
OATH OF OFFICE administered and CERTIFICATE OF RECOGNITION presented by
MAYOR PRO TEM ALVAREZ to Katherine Ann Mitchell, Youth Commissioner, for her
acceptance into the Harvard Secondary School Program.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Univision in
recognition of their 50th Anniversary; Television Anchor Teresa Quevedo will be
accepting the recognition.
CLOSED SESSION REPORT
City Attorney Carvalho reported on items on the Closed Session Agenda. See Agenda
Item 19A for report.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Mayor Pulido pulled Agenda Item 25A for separate discussion;
• Mayor Pulido pulled Agenda Items 19E and 85B that would be considered
together;
• Councilmember Sarmiento abstained on Agenda Item 10A;
• Councilmember Martinez pulled Agenda Items 11A, 25C, 25E, and 25F for
separate discussion; and
• Councilmember Benavides pulled Agenda Items 25G, 25H, and 31 B for
separate discussion.
MOTION: Alvarez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 4 SEPTEMBER 4, 2012
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MINUTES
10A
ADMINISTRATIVE MATTERS
MINUTES FROM THE REGULAR MEETING OF AUGUST 20, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
*Councilmember Sarmiento abstained on Agenda Item 10A.
ORDINANCES /SECOND READING -In the event a Councilmember recorded an "abstention"
before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in
the minutes for second reading.
Placed on first reading at the August 20, 2012 City Council meeting and
approved by a vote of 5 -0 (Bustamante and Sarmiento absent)
Published in the Orange County Reporter on August 24, 2012.
Councilmember Martinez requested that a staff report be included with
future 2 "d reading of ordinances. Also, thanked staff for sending out
informational literature through social media.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS -2837 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA
ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING
CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 5 SEPTEMBER 4, 2012
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MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement agreement.
LIABILITY CLAIMS pursuant to Government Code Section 54956.95;
Claimants: Wilfrido and Lucina Garcia (Claim #2012 -046), Settlement
Agreement in the amount of $13,500.00
19B EXCUSED ABSENCES — None
19C CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT - Community Development Agency
MOTION: Authorize the submittal of the Consolidated Annual
Performance and Evaluation Report to the U.S. Department of
Housing and Urban Development.
19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS &
ACTIVITIES APRIL 2012 — JUNE 2012 - Community Development
Agency
MOTION: Receive and file.
19E AGENDA ITEM TAKEN OUT OF ORDER
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 22B)
22A SPEC NO. 12 -054 - ON -GOING HOMELAND SECURITY PROJECTS -
Award a contract to Mallory Safety & Supply Co. for a one -year period with
provision for two, one -year renewals, in an amount not to exceed
$1,750,000 for the first year (Police Department) - Finance & Management
Services
CITY COUNCIL MINUTES 6 SEPTEMBER 4, 2012
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22B SPEC NO. 12 -052 - SCREEN PRINTED ARTICLES, PROMOTIONAL
ITEMS AND AWARDS - Award a contract to McVicker and Associates for
a one -year period in an annual amount not to exceed $55,000 - Finance &
Management Services
AGREEMENTS
Continued from the July 2, 2012 City Council meeting by a vote of 6 -0
(Bustamante absent). Considered at the August 6, 2012 City Council meeting to
approve by a vote of 2 -0 (Martinez, Benavides, No; Bustamente, Sarmiento and
Tinajero absent), motion failed; and to continue matter to August 20, 2012
meeting by a vote 2 -0 (Alvarez, Pulido, No; Bustamente, Sarmiento and Tinajero
absent) motion failed. Item considered and continued from the August 20, 2012
City Council meeting by a vote of 5 -0 (Bustamante and Sarmiento absent).
MOTION: Direct staff to prepare a Request for Proposal (RFP) and
solicit bids for service.
MOTION: Pulido SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non - substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Items
25B, 25D, and 251)
25B AGMT NO. 2012 -179 - AMENDMENT - INMATE MEDICAL SERVICES -
With Correctional Managed Care Medical Corporation in an annual
amount not to exceed $1,373,732 - Police Department
Continued from the August 20, 2012 City Council meeting by a vote of 5 -0
(Bustamante and Sarmiento absent).
CITY COUNCIL MINUTES 7 SEPTEMBER 4, 2012
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Continued from the August 20, 2012 City Council meeting by a vote of 5 -0
(Bustamante and Sarmiento absent).
Councilmember Martinez suggested service contract go out for bid next
year; contractors should serve all departments equally and convert and
modernize incompatible systems.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report with the
following firms for a total compensation of $3,290,000 and extending
the term for a one -year term or until the funds are expended.
• AGMT NO. 2012 -180 —Amendment with Concorde Consulting, Inc.
• AGMT NO. 2012 -181 —Amendment with SoftMaster, Inc.
• AGMT NO. 2012 -182 - Amendment with The Comdyn Group, Inc.
• AGMT NO. 2012 -183 — Amendment with Telfords
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25D AGMT NO. 2012 -184 - GRANT MANAGEMENT SERVICES, URBAN
AREAS SECURITY INITIATIVE (UASI) FUNDED - With Willdan
Homeland Solutions in an annual amount not to exceed $125,000 with the
option to exercise two, one -year extensions - Police Department
25E
CITY COUNCIL MINUTES 8 SEPTEMBER 4, 2012
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25F
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report with the
Orange County Flood Control District.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Martinez noted for the record a potential conflict of
interest because she accepted a donation for her Assembly campaign and
abstained on the matter.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney and /or
actions as noted on the Request for Council Action report With
Naranjo Landscape, Inc., for an amount not to exceed $167,500
through August 31, 2013 (Community Development Agency).
MOTION: Sarmiento SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: Martinez (1)
ABSENT: None (0)
CITY COUNCIL MINUTES 9 SEPTEMBER 4, 2012
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Councilmember Benavides thanked staff for efforts made in the area.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report with the
Partnership for a Healthier America
MOTION: Benavides SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Benavides thanked the Santa Ana Unified School District
for joint use venture.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non - substantive
changes approved by the City Manager and City Attorney and /or
actions as noted on the Request for Council Action report:
1. AGMT NO. 2012 -188 - With the Santa Ana Unified School District
( SAUSD) for the construction of a community center at Garfield
Elementary School in an amount not to exceed $2,375,000, subject to
SAUSD Board approval.
2. AGMT NO. 2012 -189 - With the Santa Ana Unified School District for
Garfield Elementary School, subject to SAUSD Board approval.
3. Approve the project funding as follows: Construction Reimbursement
Agreement $2,375,000, Inspection /Oversight $237,500, and
Contingencies $237,500, for a total estimated cost to the City of
$2,850,000.
MOTION: Benavides SECOND: Alvarez
CITY COUNCIL MINUTES 10 SEPTEMBER 4, 2012
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
251 AGMT NO. 2012 -190 — GEOGRAPHIC INFORMATION SYSTEM (GIS)
PROGRAMMING AND CONSULTING SERVICES - With Redlands
Software Inc. for an amount not -to- exceed $120,000 in Fiscal Years 2012-
2013 and 2013 -2014 - Public Works Agency
MISCELLANEOUS - BUDGET
29A 2010 -2011 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS -
Community Development Agency
MOTION:
1. Approve a substantial amendment to the 2010 -2011 Annual Action
Plan approving the reallocation of Community Development Block
Grant funds, and authorize its submittal to the U.S. Department of
Housing and Urban Development.
2. Approve a substantial amendment to the 2010 -2011 Annual Action
Plan revising the NSP3 Target Geography Area, and authorize its
submittal to the U.S. Department of Housing and Urban
Development.
3. Approve the amendment of the Foreclosed Homes Acquisition
Program.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A CONDITIONAL USE PERMIT NO. 2012 -16 AND VARIANCE NO. 2012-
05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE
ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE
WAY — SENDER ONE CLIMBING LLC, APPLICANT — Planning and
Building Agency
CITY COUNCIL MINUTES 11 SEPTEMBER 4, 2012
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Recommended action approved by the Planning Commission on August
13, 2012, by a vote of 6 -0 (Turner absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012 -16 as conditioned and Variance No. 2012 -05 as
conditioned..
Recommended action approved by the Planning Commission on August
13, 2012, by a vote of 6 -0 (Turner absent).
Councilmember Benavides thanked all involved in bringing project
forward. Councilmember Martinez thanked Orangewood Foundation.
Mayor Pulido noted that it was a $40 million project; team effort to bring to
fruition.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012 -17 as conditioned and Variance No. 2012 -06 as
conditioned.
MOTION: Pulido SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A EXTEND THE SUSPENSION OF CREDIT CARD /ELECTRONIC FUNDS
TRANSFER TRANSACTION FEE - Finance & Management Services
CITY COUNCIL MINUTES 12 SEPTEMBER 4, 2012
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Mayor Pro Tern Alvarez called for possible revival of Technology Council
Committee to discuss this matter and other related items.
MOTION: Adopt a resolution.
RESOLUTION NO. 2012 -040 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA EXTENDING THE SUSPENSION THE
CREDIT CARD / ELECTRONIC FUNDS TRANSFER TRANSACTION
FEE
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTION - SUPPORTING THE TRANSFER OF ONTARIO
AIRPORT TO LOCAL CONTROL - City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2012 -041 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA SUPPORTING THE TRANSFER OF
ONTARIO INTERNATIONAL AIRPORT TO LOCAL CONTROL OF THE
CITY OF ONTARIO
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 13 SEPTEMBER 4, 2012
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PUBLIC COMMENT (TAKEN OUT OF ORDER)
• Ralph Allen, requested disestablishment of Community Management District / PBID.
• Fina Chaves, expressed support for full disestablishment of PBID, commented on
lack of City Council quorum eligible to discuss the matter; suggested funds be frozen
until matter resolved, and requested that process be kept transparent.
• Clark Castled, expressed support for the sunshine ordinance.
• Soledad Vences, member of Familias de Corazones Verdes, commented on need
for more open space to improve the overall welfare of children in the community.
• Apolonio Cortez, (Spanish speaker) thanked staff for comments received on the
proposed sunshine ordinance, requested additional meetings with City
Councilmembers to discuss some concerns raised by SACReD.
• Ruby Woo, member of Connect -to- Council, invited all to the Council Candidate
Forum on September 12tH
• Dave Hoen, commented on improvements in Downtown including restaurants, art
galleries, entertainment venues etc. that bring thousands of people into our City.
• George Garcia, commented on the on -going war against Islamic terrorist; also,
suggested that the City Council adopt "In God We Trust" motto and display in the
Council Chamber.
• Brenda Zeferino, Latino Health Access Core member, supports the sunshine
ordinance and encourages youth participation.
• Bryan Kaye, noted decrease in graffiti at Santiago Creek and importance of keeping
trait smoke free; also, expressed support for sunshine ordinance.
COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City
Council may place items on the City Council Agenda to be considered by the City Council.
85A REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION
POLICY - Mayor Pro Tern Alvarez and Councilmember Sal Tinajero
At the August 20, 2012 City Council meeting Mayor Pro Tern requested
that item be placed on the September 4, 2012 City Council meeting.
Mayor Pro Tern Alvarez requested item be re- agendized on the next City
Council agenda for status report from staff. Also, directed staff to review
alternative methods in lieu of destroying records such as document
imaging.
MOTION: Approve a moratorium on destruction of all City records
until new policy approved by the City Council.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 14 SEPTEMBER 4, 2012
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ABSTAIN: None (0)
ABSENT: None (0)
Mayor Pulido, and Councilmembers Martinez and Sarmiento declared a conflict of
interest on Agenda Items 19E and 85B, left the dais at 8:23 p.m. and did not participate
in the discussion of the matters. Mayor Pro Tern Alvarez assumed the Chair and
presided over the meeting.
AGENDA ITEM TAKEN OUT OF ORDER
19E DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT
ANNUAL REPORT - Community Development Agency
At the July 16 and August 6, 2012 City Council meetings, item not
considered due to lack of quorum.
Councilmember Benavides requested update on the disestablishment and
resolution on the matter. Staff noted that preliminary discussions have
occurred with both sides of the issue. City Attorney also requested
additional time to continue discussing staff recommendations in bringing
resolution. Councilmember Benavides proposed approval of annual
report, but a postponement on submission of tax assessment role to the
Orange County Tax Assessor - Controller until matter resolved.
Councilmember Tinajero asked if there was a timeline to submit
assessments to the Tax Collector. Staff indicated that deadline has
passed, but may assess for an additional cost per parcel. Mayor Pro Tern
Alvarez noted that she was opposed to the motion; deadline to submit
assessment role has expired.
MOTION:
1. Approve the 2011 -12 Downtown Santa Ana Community
Management District annual report submitted by Downtown Inc.;
2. Continue consideration of approval of FY 2012 -2013 Downtown
Santa Ana Community Management District Special Assessment.
MOTION: Benavides SECOND: Bustamante
Motion died.
CITY COUNCIL MINUTES 15 SEPTEMBER 4, 2012
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85B ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
( "PBID ") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO
PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO
ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS,
HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING
FOR DISESTABLISHMENT - Mayor Pro Tern Alvarez and
Councilmember Sal Tinajero
Continued from the August 24, September 19, October 3, October 17,
November 7, 2011 meetings; July 2 and August 6, 2012 City Council
meetings.
Mayor Pro Tern Alvarez suggested complete disestablishement and
abolish the CMD /PBID; opined that Downtown Inc. should not be handling
any public funds; asked City Attorney Carvalho to clarify if
repealing /rescinding ordinance that established CMD /PBID could be
considered tonight. City Attorney indicated that repeal would disable
CMD /PBID. Mayor Pro Tern Alvarez noted that it would be more effective
to repeal ordinance in its entirety.
Councilmember Benavides would like to provide staff with opportunity to
speak with both groups to discuss idea of repealing PBID /CMD. Also,
adoption of ordinance to repeal CMD /PBID would require City Council
adoption and would be placed on future agenda if a consensus reached.
MOTION: Set matter for Public Hearing to disestablish PBID /CMD.
MOTION: Alvarez
Motion died.
SECOND: Tinajero
SUBSTITUTE MOTION: Direct staff to draft ordinance to
repeal /rescind ordinance that established the Community
Management District (CMD) / PBID.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Tinajero (4)
NOES: None (0)
ABSTAINED Martinez, Pulido, Sarmiento (3)
AND NOT
PRESENT:
ABSENT: None (0)
CITY COUNCIL MINUTES 16 SEPTEMBER 4, 2012
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CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING
AT 8:14 P.M. AND RECONVENED AT 8:15 P.M. WITH SAME MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Apologized for delaying the Public Comments portion on the agenda
tonight;
• Announced that the Sunshine Ordinance would be agendized for the
next City Council Meeting;
• Congratulated all new and returning students and wished them well in
the school year; and
• Commented that staff would continue to work with the Santa Ana
Unified School District in addressing open space and other joint venture
opportunities.
Councilmember Benavides:
• Remarked on the monthly Art Walk event held over the weekend that
was well attended; the OC Film Festival had kick -off event; and
• Invited all to attend the upcoming Fiestas Patrias in Downtown Santa
Ana on September 15 -16, 2012.
Councilmember Bustamante:
• Asked that all drivers be extra careful as the new school year has
begun; and
• Requested the City Council adjourn the meeting in memory of Neil
Armstrong.
Councilmember Martinez:
• Thanked Councilmember Bustamante for attending tonight's City
Council meeting;
• Requested a status report at the next City Council Meeting regarding
the Fire Department's transition to Orange County Fire Authority;
• Announced that Fire Stations 1 and 5 would be hosting Open Houses
on October 6, 2012 from 9 a.m. to 2 p.m.
• Encouraged all to attend Councilwoman Martinez' Walk & Talk events
held every other Wednesday on September 19, October 3, October 17,
and on Tuesday, October 30; and
CITY COUNCIL MINUTES 17 SEPTEMBER 4, 2012
1 0A -17
• Invited all to attend the Walk- a -Thon event at Madison Park on
Saturday, September 29th from 9 -10 a.m. and Resource Fair and
Cultural Festival from 10 a.m. to 1 p.m.; and
• Congratulated Deputy Police Chief Carlos Rojas on being appointed
Acting Police Chief.
Mayor Pro Tern Alvarez:
• Attended Zoofari Event hosted by the Friends of the Zoo; successful
and well attended event; invited all to visit the Zoo;
• September is Hispanic Heritage Month; encouraged all to attend the
Fiestas Patrias the weekend of September 15th with El Grito being held
on September 15th; and
• Commended Youth Commissioner Katherine Mitchell's attendance to
Harvard University through the Nicholas Foundation; encouraged all
students to take advantage of the numerous programs and services
available to help them succeed.
ADJOURNED- 8:50 P.M. - The next meeting of the City Council is scheduled for
Monday, September 17, 2012 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
CITY COUNCIL MINUTES 18 SEPTEMBER 4, 2012
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Adjourned in Memory of
Neil Armstrong
Maria D. Huizar,
Clerk of the Council
LIST OF FUTURE AGENDA ITEMS:
• Tow Truck Franchises
• Enforcement Permit Ordinance
• Economic Development Ordinance
• Update on Local Streets and Roadwork
• Sunshine Ordinance
• Go Local Project - Action items
• Discovery Science Center - Expansion approvals
• Academy High School —Approvals
• Paramedic Services Agreement
CITY COUNCIL MINUTES 19 SEPTEMBER 4, 2012
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
REQUEST FOR PROPOSALS FOR
MUNICIPAL PARKING STRUCTURES
OPERATOR
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
- 00 W
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize Community Development Agency to develop and release a Request for Proposals for a
management contract for a parking operator to manage the four City -owned downtown parking
structures.
DISCUSSION
The City of Santa Ana owns and operates four parking facilities within Downtown Santa Ana. All
four facilities are multi -level parking structures and are vital in providing easily accessible parking
for the surrounding retail businesses and numerous visitors to Downtown Santa Ana. The parking
structures accommodate both transient and monthly patrons. In addition, these facilities provide
parking for numerous events held throughout the year within the downtown.
The parking structures provide an initial impression to customers visiting Santa Ana; therefore, the
efficient operation of the parking structures and customer service are of primary importance. The
current operations agreement with Parking Concepts Inc. will expire on December 31, 2012 and all
renewal options have been exercised.
Staff recommends issuing a Request for Proposal to seek parking management companies
experienced in operating municipal parking structures. The attached proposed Scope of Work
includes oversight of daily operations and management of parking structures, including, but not
limited to: invoicing and collection of monthly fees, issuing validation stamps, collecting parking
fees, activation of monthly access cards and preparation of monthly utilization reports, ongoing
maintenance and equipment servicing and providing adequate levels of security. In addition to
operating the day to day activities of the parking structures the city is seeking experienced parking
management firms that will be proactive and evaluate and recommend improvement projects for
the structures.
19C -1
RFP- Parking Structures Operator
September 17, 2012
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
nqzflUa/,N
Nancy T. EAwards
Interim Exe utive Director
Community Development Agency
NTE /GPL /kg
Exhibit: 1. Scope of Work
19C -2
SCOPE OF WORK FOR PARKING OPERATIONS AND
MANAGEMENT SERVICES RFP
EXHIBIT 1
19C -3
SCOPE OF WORK
I. INTRODUCTION
The City of Santa Ana is issuing this request for proposal (RFP) for Parking Operations and
Management Services to operate and manage four downtown public parking structures and
a public surface lot located within the downtown. The duties and responsibilities of selected
contractor will be to oversee daily operation and management of the facilities, including, but
not limited to: invoicing and collection of monthly fees, issuing tion stamps, collecting
parking fees, activation of monthly access cards, preparatio onthly utilization reports
and maintenance. In addition, the selected contractor a required to operate and
maintain all current equipment listed and any new equip led during the term of the
Agreement. Currently, the City plans to upgrade all ss c s and install roll down
security gate at all vehicle entrances. As part of th eement, th ractor will assist the
City with the management of construction a associated wit equipment and
security gate installation, and the orderly op of the parking str s continuously
during the construction activity. Ak
A. LOCATION OF FACILITIES:
Parking Structure A: N
(440 spaces *) A
Parking Structure B:
(700 spaces *)
Parking Structure
(400 sA
Bush and French Street
and Main Street
of Birch Street and Third Street
Northeast corner of Bush Street and Third Street
201 East Third Street
Each loca urr accommodates both monthly and transient patrons with the
exception of a lot which at this time only services transient patrons. In addition,
these facilities p e parking for numerous events held in the downtown. The surface lot
can also be used to stage City approved events. The City through the Public Works
Division has plans to replace the existing access controls and install security gates at all
vehicle entrance points at all four parking structures. This project is tentatively scheduled
to go out to bid by the Public Works Division in late 2012 with a contract awarded in early
2013. The Parking Manager will assist the City with the management of construction
activity associated with the equipment installation, and the orderly operation of the parking
structures continuously during the construction activity.
2
19C -4
B. CURRENT OPERATING SCHEDULES (subject to change)
Parking Structure A: Operated seven days a week.
Parking Structure B: Operated Monday through Friday, Saturday after 6pm and Sunday
if events are scheduled.
Parking Structure C: Operated Monday through Saturday, closed on Sunday.
Currently, this is the only facility with roll down gates that allows
for complete closure of the structure.
Parking Structure D: Operated Monday through Saturda
Parking Lot 1: Attended Monday through Sa venue collection
purposes, there is not an aaee nt ass to this location.
Current Holidays Observed (nnrkinn Onirti rcnnnal 1nii111 not thcec hnlirlwcl
New Years Day
Da
Martin Luther Kin Da
Presidents Da
erans Da
s ivi
IC
Memorial Da
h
Independence Day
vperaung scneaule suDject
C. HOURS OF O
Hours of operatio
and security a;
of the hours o
Parking Structure
Parking Structure D:
rking facilities. Operations, management,
ccess of the facilities. Below is a summary
ay- Saturday
Monday- Friday
Saturday
Sunday
Monday — Wednesday
Thursday- Friday
Saturday
Sunday
3
19C -5
(fee schedule to be provided
by City on final RFP)
Parking Lot 1: Monday- Saturday
D. CURRENT EQUIPMENT
08:00 AM -08:00 pm
.05 cents for every 4 minutes or
.75 cents for hour (for purposes of
this RFP)
Contractor responsibility is for daily
revenue collection, maintenance of
lot and equipment
(City will provide a list of all current equipment that co ntr ill be required to
maintain as part of their obligation.)
PROPOSED STAFFING LEVELS - (Subject
Parking Structure A
Parking Structure B:
Parking Structure C
Parking Structure D:
In addition, the fo
One m
3 full time parking
1 part time parkin,
2 full time parking ;
2 part tirr,& parking
or his /her designee to do daily revenue
cover all parking facilities:
Prop ave at least five (5) years recent experience operating a
single p rerating parking lot or structure with a minimum of 400 parking
spaces ge annual gross parking revenue in excess of $350,000; and
at least two years experience in the last five years operating public pay
parking lot(s) and /or structure(s) which generate annual gross revenue in
excess of $1,000,000;
B. Proposers shall have at least two years continuous experience during the
past five years in the operation and management of a public pay, multi -level
parking structure which was open at least 10 hours per day, five days or more
per week.
4
19C -6
C. Current responsibility for operating one or more parking facilities for a single
client totaling more than 1,800 parking spaces;
III. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. PARKING OPERATIONS AND MAINTENANCE SPECIFI
B.
Proposer will be conclusively presumed to have read a e
Management Agreement (EXHIBIT A -3). It is the it
fully comply with every requirement of said Manag A
Agreement is viewed as a major contract with o respons
Operator. The City wants a proven oper lith current
comparable single client facilities. It is ted that the
provide an experienced Operations Ma o oversee "
will be maintained and operated in a cou s, efficierg
familiar with the attached
City that the Operator will
ent. This Management
s on the part of the
ience in handling
suc I proposer will
operate The facilities
prompt man t all times.
Although the City will closely monitor the ope ancial controls and procedures to
ensure against mishandling o of public fun is expected that the operator, as a
proven professional parking ent fir 'll provide optimum in fiscal
responsibility.
Detailed records a maint w' a ision and certification of a
Certified Public Likewi depo nd reports are to be prepared
and adhered he expect best professional and responsible service
attainable.
CONTRACT O RS
1 for furnish the ne ssary personnel, including one (1) supervisor
nd one sis upervisor. Hours will be determined based on the needs of
the City. ty o a Ana shall have discretion in approving changes to work
hours and ass _ ents as.
2. t identifying names of all Contractor personnel shall be provided to the City
P Nho anag designee.
3. Ea ractor 's employees performing work pursuant to this Request For
Proposal shall:
a. Have ability to read, write legibly, speak and comprehend the English language -
Bilingual fluency in Spanish or other language approved on the City's bilingual list
is preferred;
b. Capable of performing assigned duties;
c. Pass a background check that shall include a review of the employee's criminal
history that would pose a liability for the City including crimes of violence. The
City of Santa Ana reserves the right to mandate removal of any contractor's
employees found unacceptable to the City for any reason;
5
19C -7
d. Have a High School Diploma or its equivalent;
e. Be well groomed at all times.
f. Have a minimum of eight (8) hours of basic customer service training including,
but not limited to, conflict resolution, handling difficult customers and cultural
diversity; and
4. The contractor must provide a supervisor during daytime working hours to supervise
all contractor employees on duty. The supervisor shall have substantial expertise
and experience in parking management and operation services. The supervisor
shall be the primary contact between the city and contra or on matters relating to
the operations and management services provided thro"is RFP.
5. The Supervisor shall be the primary daily operat' nt
also do the following:
Respond to all complaints and pro%
complaint and the resolution or, in
steps being taking to resolve th
expected.
Contact the City designee at I
operational assignments and receive
Ensure that contractor onnel per
Prepare and submit rogr4
required by the city desi e.
The contractor
shall have the
managemeA
R City's desil
rent an investig�
nt and the date
to the City and shall
with a copy of the
required, the
i can be
Pr day to discus's and clarify
instructions;
ies required by the RFP; and
and status reports as may be
Lvel supervisor. This person
a member of the contractor's
;tor on policy matters.
I uniforms for contract personnel assigned
Lons shall include a photograph or diagram and written
%nit, rms for male and female personnel and include
leng th (short or long), shoe type, the color of shirts,
id other relative information. As an option, the contractor
ployee to wear shorts of the same color as the uniform pants
r months.
ThliftnjWy Development Agency Director or his designee shall review and
appirdilljoMniforms and insignias.
Uniform shall be properly fit with no rips or tears and must be clean and pressed
at all times to present a neat appearance.
9. If the Contractor finds it necessary to utilize substitute personnel, they are to be
equal in qualifications and training to regular personnel.
C
19C -8
C. CUSTOMER SERVICE
Contractor shall provide service, which is accessible, courteous, responsive, timely,
equitable and given in the spirit of professionalism and mutual respect. All Contractor
personnel are a reflection of the City of Santa Ana and as such are expected to:
Interact with customers and City officials, whether in person or on the phone, in a
pleasant, respectful and professional manner.
2. Give full attention to each customer's needs by a ing questions. Provide
information, products and service in an accurate, orga and complete manner.
Determine that the customer's request has been fulfill
3. Comply with all federal, state, county, and city
4. Use adequate equipment that is kept
5. Train other Contractor employees to
6. Employ truth and accuracy in reportin
D. MAINTENANCE / OPERATI
la lations.
'neat at all ti
and courteous duri lic contact.
ier Ae records.
It is expected that the Selected ose ree to the parking facilities clean
and in a proper state f maintena and r th ajor structural repairs, and
at the terminatio reeme th g facilities in substantially the
same conditio xis the co ement of a Agreement, normal wear and
tear expecte elected p oser sh a responsible for repair and maintenance of
any and al ing equip at the expense, subject to City's written approval
except in cas merg ich c otification shall be oral. Selected proposer
may be require Ll rvices related to the parking garage which
m impl g a parkin inding program within the structures, parking
em in th king facilities, and /or parking operations studies.
QUIRED CONCTOVNTIFICATION SIGNAGE
C anta Ana au zed contractors will be required to have identification signage on all
vehic all times working in an official capacity for the City. Such signage shall be
of a p Tonal er and maintained neat in appearance, free of graffiti, easily
identifiable i d condition. All costs associated with the fabrication of such signage
shall be bor e Contractor. Such signage design shall be pre- approved by the
Signage type and material shall be plastic with magnetic backing, painted signage on
vehicle or similar. Taped vehicle signage will not be allowed.
F. INSPECTIONS
A representative from the City shall regularly inspect the operations and management and
other areas subject to this Agreement to ensure that the work is being, and has been,
performed in accordance with the terms identified in this agreement. All work found in such
7
19C -9
inspections not conforming to the applicable requirements shall be corrected by the
Contractor and the City shall have the right to withhold payment to the Contractor until the
work is corrected.
G. SPECIFICATIONS
This scope of services is intended to cover all labor, material and standards of
workmanship to be employed for in this work plan or reasonably implied by terms of
same. Work or materials of a minor nature which may not be specifically mentioned, but
which may be reasonably assumed as necessary for the co letion of this work, shall
be performed by the Contractor as if described in the specifiLns.
LOGS / NOTIFICATIONS / REQUIRED REPORTI
The Contractor shall log all equipment se
The Contractor shall log on a daily b r
regarding parking facilities in a co s a
corrective action taken as a result
The Contractor shall note any hazardo
facilities and shall report t e conditions
by telephone and folI owed �othly repo
The Contractor will track andl
all parking facilities included in
handle all com
vofmsional r
the public
ell as any
s or damage to public parking
fly to the Project Manager; first
parking utilization levels for
audit its books and records
reasonable time.
GS WITH CITY
e appR%Wf the Santa Ana Community Development
!ssary by the City, there shall be a minimum of one monthly
and the City representative to determine progress and to
tion. Status reports of activities performed by the
riting to the City on a weekly basis or as determined
The contraAwl make a reasonable effort to purchase equipment and materials in
the City of San Ana and to utilize Santa Ana vendors. Such efforts shall be provided to
the City. The City shall have the ability to provide a list of possible Santa Ana vendors to
the Contractor. The City has the option to purchase and provide materials. The City has
the option to purchase special material or the City will reimburse the Contractor for
purchase of special material only after authorization by the City.
K. LABOR RELATIONS
(To be provided on the final RFP.)
Et7
19C -10
IV. DEFINITIONS
None.
V. TERMS AND CONDITIONS
A. TERM
The term of this Contract is projected to commen
City Council award of this contract and upon rec
and insurance documents and terminate Dec
as set forth in Section H, below. City
additional one -year periods. Said option be
days prior to the end of the initial term o exten
CONTINUED FUNDING
In the event funding is not al
during the annual budget app
occurrence in writing at least thi
and contract shall terminate on
expense to the CiW91"k,,
pind apI
Or 31, 2014,
'ant an option
exercised in w
January 1, 2013 after
I of all required bonds
se a rlier terminated
ew up to three
tin east thirty (30)
►ns and Management services
all notify the provider of such
of the current fiscal period,
I period without penalty or
agree'! accept a flat monthly fee for the scope of
bursed for certain costs including routine
merge air costs, minor improvements and additional
approved in advance by the City.
?W for each of the five parking facilities. Evaluation will be
monthly fee of all five facilities.
e indicating the components of the proposed fee for each
unting, overhead, profit, etc.)
Hourly Ilse for additional cashiers, parking attendants or other staff when
required /requested by the City.
d. The parties may annually agree to an adjustment of parking operations and
management services charges (not to exceed 2 %) commencing at the end of the
first year of the agreement, utilizing the month of December statistics and supporting
documentation. The two indices which will be used for determining adjustments to
parking operations and management services charges shall be the most recent
December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-
01
19C -11
Anaheim - Riverside CMSA, published by the United States Department of Labor
Bureau of Labor Statistics or any relevant successor for the Orange County area.
3. Extra Work
a
No new work of any kind shall be considered unless a separate estimate is given
for said work and the estimate is approved by the City in writing before the work
is commenced. The Contractor will be required to provide detailed information of
such extra work. Documentation of contract compliance may be required on
some occasions. _
Contractor shall during the entire term c
independent contractor and not an empIre
nor shall it be construed to create an relationship, or to allow the City to ex which Contractor performs the services to be provided by Contractor shall be pr
standards and regulations gov 'ng such se
wages, employer's social se es, u
relating to employees and shall 1
R Contract,
e City. This C
- employee relation
.red to be an
is not intended
joint venture
5cretio r control ov manner in
)y t ' ntract. Howeve he services
er consistent with all applicable
%aicable ractor shall pay all salaries and
t insurance and similar taxes
withholding taxes.
Contractor shall maintain
maintain insurance as
I Contractor shall maintain commercial
kio�ntlhe ich clude, but not be limited to protection against
nd personal injury, including death resulting there from
resulting from any act or occurrence arising out of
performance of this Agreement, including, without
cles. The amounts of insurance shall be not less than
limit coverage applying to bodily and personal injury, including
from, and property damage, in the total amount of $2,000,000
00,000 in the aggregate.
Busines obile liability insurance, or equivalent form,
limit of nolWess than $2,000,000 per occurrence. Such
coverage for owned, hired and non -owned automobiles.
combined single
ce shall include
3. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
worker's compensation or to undertake self- insurance. Prior to commencing the
performance of the work under this Contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
10
19C -12
4. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
Commercial general liability and business automobile insurance policies shall
(a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary and not contributory with
respect to insurance or self- insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions. A sample additional insured
endorsement is attached hereto as Exhibit C. Contractor shall maintain all
insurance required above in full force and effect for th ntire period covered by
this Agreement.
Certificates of insurance shall be furnished
Contract and shall be approved in form by tU
Certificates and policies shall state
reduced in coverage or changed in
days prior written notice to the CA
If Contractor fails or refuses to produ
section or fails or refuses to furnish the
been procured and is in for and paid f
election, to forthwith ter s Cc
Contractor's right to be pai
of termination. Contractor w s t
indemnify the City for any work ormQ
execution of this
canceled or
out thirty (30)
FRhe insurance re'Kired by this
,quired proof that insurance has
shall have the right, at the City's
ich termination shall not affect
Lexpended prior to notification
ompensation and agrees to
p al of insurance by the City.
1 o the tulles nt p law, tractor shall indemnify, defend and hold
harmless City, i c ees (collectively, the "Indemnified Parties ")
fr lnst a all claims ing, without limitation, claims for bodily injury,
or e t erty), demands, obligations, damages, actions, causes of
suits, es, ents, fines, penalties, liabilities, costs and expenses
cluding, witho itati orney's fees, disbursements and court costs) of every
and nature oeve dividually, a Claim; collectively, "Claims "), which may
ar om or in an anner relate (directly or indirectly) to any work performed or
sere provided er this Contract (including, without limitation, defects in
workm an aterials) or Contractor's presence or activities conducted
performin including the negligent and /or willful acts, errors and /or omissions
of Contracto incipals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, nyone employed directly or indirectly by any of them or for whose acts
they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
shall be construed to require Contractor to indemnify the Indemnified Parties from any
Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Contract. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Contractor.
11
19C -13
G. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this Contract
shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other
telegraphic communication to the following persons:
To City: Clerk of the Council
City of Santa Ana
7n C'ivir rantar Plaza /M_Qn1
for cause
ions of this
-ion of this
itten notice
;aid default
in a timely
nt forthwith
lition to the
ninate this
responsible
: and labor
(30) days
written notice delivered to the Contractor either personally or by mail. Upon
termination, City shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of termination.
3. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law,
City shall have the right to withhold all or a portion of Contractor's compensation for
contract services if, in the judgment of the Projects Manager or designee, the level of
service falls below appropriate Parking Operations and Management standards
and /or Contractor fails to satisfactorily perform contract services. City shall have the
12
19C -14
right to retain funds withheld until the Projects Manager or designee determines that
contract services are performed as well and as frequently as required by this
Agreement.
I. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the
contract make it impossible to perform or when prevented from proceeding with the
contract by act of God, by law or official action of a public a thority or in the event on
nonpayment by the City. Such request will require one -h and eighty (180) days
written notice prior to contract termination date requeste the event of nonpayment
of undisputed sums by the City, Contractor shall give thirty (30) working days to
cure the alleged breach.
J. LIQUIDATED DAMAGES
If the City determines that the Contr breaches promise to ide parking
operations and management services in lianc the Terms an onditions of
applicable laws and regulations, and the s set forth above, it would be
impracticable and extremely. di ' ult to determ damage to City arising from such
breach. Therefore, in the eve tractor's b Contractor shall pay to City the
sum of 125 per hour er for suc ach per parking enforcement
personnel, in addition to any cos , es, d aga a City.
K. EMPLOYM
ES FMWNTA ANA-RESIDENTS
Contractor solicit and ertise em ment opportunities to Santa Ana residents.
The City sha m the r of arefto publicize recruitment opportunities, such
as work centers c effort and procedure will be provided to
th view.
ONTRACTOR MU VENT PARTICIPATION AND PUBLIC AWARENESS
If ested by City ntractor shall participate in extensive public awareness efforts
and unity eve and programs, such as neighborhood and City events. Such
particip shall on City request provided with reasonable notice of event timing.
Such eve ill ceed four (4) per year.
M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
1. Contractor shall perform all requirements under this contract in strict observance of and
in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
Contractor warrants that the performance of services under this contract shall be
compliant with the current requirements of the Occupational Safety and Health Act
(OSHA) and as it may be amended or updated throughout the term of this contract.
13
19C -15
N. ASSIGNMENT
Inasmuch as this Contract is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate or subcontract any interest herein without
the prior written consent of City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void.
O. JURISDICTION —VENUE
This Contract has been executed and delivered in the StAIPMalifornia and the validity,
interpretation, performance and enforcement of any o uses of this Contract shall
be determined and governed by the laws of the St nia. Both parties further
agree that Orange County, California, shall be ue fo action or proceeding
that may be brought or arise out of, in connecti.th or by rea this Contract.
P. FINES
The Contractor shall be liable for all violati2
fed against the City by state or
ied).
14
19C -16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
APPROPRIATION
ADJUSTMENT ACCEPTING
THE OFFICE OF TRAFFIC
SAFETY GRANT
r"
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment accepting the California Office of Traffic Safety (OTS) "Selective
Traffic Enforcement Program Grant" in the amount of $177,492.00 into the revenue account (account
no.16514002- 52001) and appropriate same into the California Office of Traffic Safety (OTS) "Selective
Traffic Enforcement Program Grant" expenditure accounts (account no. 16514414 - VARIOUS).
DISCUSSION
The Santa Ana Police Department has been awarded a grant from the State of California, Office of Traffic
Safety (OTS) under the Traffic Safety, Selective Traffic Enforcement Program. Time tested and best
practice strategies will be used to reduce the number of persons killed and injured in crashes involving
alcohol, speed, red light running, and other primary collision factors. The funded strategies may include:
DUI saturation patrols to apprehend impaired drivers; warrant service operations targeting repeat DUI
violators who failed to appear in court or violate probation; stakeout operations for repeat DUI offenders;
and the use of 'HOT Sheets' to help law enforcement identify and apprehend the 'worst of the worst' DUI
offenders. Court sting operations may also be used to arrest offenders who drive from court after having
their license suspended or revoked. Law enforcement personnel will receive specialized training to detect
and apprehend drivers under the influence of drugs (legal and illegal). Also, special patrols will be used to
enforce CA's hand held and texting while driving laws. The program may also concentrate on speed,
aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic
crashes and special enforcement operations encouraging motorcycle safety. The grant funded strategies
are designed to earn media attention, thus enhancing the overall deterrent effect.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the OTS, "Selective Traffic Enforcement Program"
revenue account (account no. 16514002 - 52001) by $177,492.00 and increase the same into the OTS,
"Selective Traffic Enforcement Program" expenditure account (account no. 16514414 - VARIOUS).
Carlos Rojas
Acting Chief of Police w
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez v"
Executive Director
Finance & Mgmt. Services Agency
20A -1
` ll"
STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY
2208 KAUSENI DRIVE. SUITE 300
ELK GROVE, CA 95758
www.ots.ca.gov
(916) 509 -3030
(800) 735 -2929 (TTIfDD- Referral)
(916) 509 -3055 (FAX)
July 27, 2012
Weston Hadley, Officer
Santa Ana Police Department
60 Civic Center Plaza
P O Box 1981
Santa Ana, CA 92702
Dear Officer Hadley:
Congratulations! Through a competitive process, the
approved your funding request for the proposal titled
amount of approximately $177,492.00.
EDMUND G. BROWN JR., GOVERNOR
CA1L6rOfw1A OrreC8
OF tlAI,IC CAFIT•
Grant No. PT1387
of Traffic Safety (OTS) has tentatively
ive Traffic Enforcement Program" in the
Your OTS Coordinator will contact you to discuss your proposal and explain the Grant Agreement
process. It is our goal to have all new grants start no later than October 1, 2012. If approval from your
City Council or Board of Supervisors is required, you s ould begin that process now. Do not incur
grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your
grant start date.
OTS will initiate a statewide media news release regar
agency should not publically announce this tentative a
negotiated and signed by OTS.
Again, congratulations on the success of your proposal.
Julie Schilling, Operations Coordinator, at (916) 509 -30
Sincerely,
cL, 044,�r2A
CHRISTOPHER J. MURPHY
Director
JS:kn
g 2013 proposals selected for funding. Your
-d until the grant agreement is fully
IIf you have any questions, please contact
8 or e-mail at julie.schilling @ots.ca.gov.
al .
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
APPROPRIATION
ADJUSTMENT ACCEPTING
THE OFFICE OF TRAFFIC
SAFETY GRANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
,920• k
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting the California Office of Traffic Safety (OTS) "Sobriety
Checkpoint Grant Program" administered by the University of California Berkeley Safe Transportation
Research and Education Center (SafeTREC) in the amount of $161,000.00 into the revenue account
(account no.16514002- 52001) and appropriate same into the California Office of Traffic Safety (OTS)
"Sobriety Checkpoint Grant Program" expenditure accounts (account no. 16514410 - VARIOUS).
DISCUSSION
The Santa Ana Police Department has been awarded a grant from the State of California, Office of Traffic
Safety (OTS) under the "Sobriety Checkpoint Grant Program ". Time tested and best practice strategies will
be used on an overtime basis to conduct DUI Checkpoint Operations. Goals and objectives of DUI
checkpoints include: reduce the number of persons killed and injured in crashes involving alcohol, increase
awareness of DUI enforcement, educate the community, apprehend DUI drivers, arrest or cite for criminal
activity discovered during the contact. The grant funded checkpoints are always publicized to various media
outlets, thus enhancing the overall deterrent effect.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the OTS, "Sobriety Checkpoint Grant Program"
revenue account (account no. 16514002 - 52001) by $161,000.00 and increase the same into the OTS,
"Selective Traffic Enforcement Program" expenditure account (account no. 16514410 - VARIOUS).
Car os Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
41UN
ql =
STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY
2208 KAUSEN DRIVE, SUITE 300
ELK GROVE, CA 95758
www.ots.ca.gov
(916) 509 -3030
(800) 735 -2929 (TTITDD- Referral)
(916) 509 -3055 (FAX)
August 3, 2012
Weston Hadley, Officer
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92701
Dear Officer Hadley:
Congratulations! Through a competitive process, the
approved your funding request for the proposal titled
amount of $161,000.00. The approval is for 23 checl
October 1, 2012 to September 30, 2013. The maxims
The University of California Berkeley Safe Transport
(SafeTREC), who is administering the grant funds for
contact listed on the application. Please have the Autl
individuals authorized to sign claims sign the contract,
than September 5, 2012. It is our goal to have all net
The SafeTREC will issue you a copy of the signed, ful
EDMUND G. BROWN JR., GOVERNOR
w` 4
CAL116001A OrrIC1
Or fMAIi1C rArr l•
Grant No. SC13385
ffice of Traffic Safety (OTS) has tentatively
obriety Checkpoint Grant Program" for the
pint operations during the period from
allowed cost per checkpoint is $7,000.00.
ion Research and Education Center
)TS, will e-mail a grant contract to the
)ruing Official and any additional
Send the contract to SafeTREC no later
grants start no later than October 1, 2012.
y executed grant contract.
If approval from your City Council or Board of Supe isors is required, you should begin that
process now. Do not incur costs prior to the date of th signed, fully executed contract from
SafeTREC.
Again, congratulations on the success of your proposal
Shar Rauch, SafeTREC Program Coordinator at (5 10)
checkpoint(a,berkeley.edu.
Sincerely,
C4w� A4
CHRISTOPHER J. MURPHY
Director
CM:kn
cc: Shar Rauch
41
If you have any questions, please contact
13 -1774 or by e -mail at
qIUMA
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
CONTRACT RENEWAL WITH DOMINGUEZ
GENERAL ENGINEERING, INC. FOR ON-
CALL SEWER REPAIR SERVICES
(SPEC. NO. 11 -042)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
U19204AWK
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contract with Dominguez General Engineering, Inc. for on -call sewer repair services for a
one -year period, with provisions for two one -year renewals, in an annual amount not to exceed
$500,000.
DISCUSSION
The City of Santa Ana owns and maintains a sanitary sewer collection system consisting of 390 miles
of pipelines and 7,600 manholes. Closed circuit television (CCTV) technology is utilized to assess
the condition of sewer mains and identify system deficiencies. Once staff has identified deficiencies
in the sewer mains and sewer manholes, Dominguez General Engineering is deployed to conduct the
repairs. These repairs prevent structural failure, while extending the life of existing sewer system
assets for a fraction of the cost of replacement.
On September 6, 2011 the City awarded Dominguez General Engineering, Inc. a contract for on -call
sewer repair services for a one -year period, with provisions for two one -year renewals. The vendor
has performed satisfactorily during the past contract period and has agreed to renew the contract
without an increase in pricing. Staff recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Services (accounting unit 05617640 66220).
r—
r
Raul Godinez II
Executive Director
Public Works Agency
SP
APPROVED AS TO FUNDS AND ACCOUNTS:
A h
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
22A -1
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
CONTRACT AWARD FOR 2012 -2013
OMNIBUS CONCRETE IMPROVEMENTS
(PROJECT NO. 136780)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with
unit bid prices in the estimated amount of $463,850 for construction of the Omnibus Concrete
Improvements Project.
2. Approve the funding analysis as follows: Construction Contract - $463,850, Contract
Administration - $13,900, Inspection and Testing - $23,190; Survey - $9,275, and
Contingencies - $46,385, for a total estimated construction cost of $556,600.
DISCUSSION
This project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs,
gutters, cross gutters, wheelchair ramps, driveway approaches, and concrete pavement at various
locations throughout the city. The work will be performed on an as- needed basis.
Bids were opened on August 18, 2012. A summary of the bid invitations mailed, the bids received
and the bid results are as follows:
Santa Ana contractors receiving notices:
Contractors requesting bidding documents:
Bids received:
Bids received from Santa Ana contractors:
NAME OF RESPONSIVE BIDDER
1. Hardy & Harper, Inc.
23A -1
12
9
1
1
CITY BID AMOUNT
Santa Ana $463,850
Contract Award For Omnibus Concrete
September 17, 2012
Page 2
Bid notices were mailed out to the contractors. One bid was received from Hardy & Harper, Inc.
and is deemed responsive. Although the City received one bid on this project, Hardy & Harper, Inc.
is a local contractor and has contracted with the City for the Omnibus Concrete project in the past.
The company has performed the past contracts competently and on time; therefore, it is
recommended that the City award the contract to the sole bidder, Hardy & Harper, Inc., in the
amount of $463,850.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
future review. Categorical Exemption Environmental Review No. 2012 -64 will be filed for the
project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $556,600 for the project
(Exhibit 1). Funds are available in the Measure M2T Street Construction Fund (accounting unit
03217662 - 66220) and various other funding as needed.
Raul Godinez II
Executive Director
Public Works Agency
RG /ET
Exhibit: 1. Funding Analysis
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
FUNDING ANALYSIS
PROJECT NO. 136780
2012 -2013
OMNIBUS CONCRETE IMPROVEMENTS
Construction Contract
$463,850
Contract Administration
$13,900
Inspection and Testing
$23,190
Survey Staking
$9,275
Contingencies
$46,385
TOTAL ESTIMATED CONSTRUCTION COSTS 556 600
Exhibit 1
23A -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
AGREEMENT AMENDMENT WITH VISTA
DEL VERDE LANDSCAPE FOR
LANDSCAPE MAINTENANCE SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "6 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Vista Del Verde Landscape to provide landscape maintenance services at the
Santa Ana Zoo at Prentice Park, for a nine -month period in an amount not to exceed $97,746
and approve a 10% contingency for unanticipated work for a total amount not to exceed
$107,521, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency (PRCSA) currently divides the City into
five separate park maintenance districts. On June 4, 2012, the City Council approved a one -year
agreement with Vista Del Verde for the landscape maintenance of District 3 parks. District 3 is
located in the southeast quadrant of the City and includes 10 properties, including Delhi, Madison
and Memorial parks. In addition, Vista Del Verde has been providing landscape maintenance
services for the Santa Ana Zoo at Prentice Park, which is also in District 3, since September 2008
and is performing well. The agreement for the Zoo will be expiring on September 30, 2012.
By amending Vista Del Verde's agreement to include the Zoo, both the contractor and the City will
benefit from an organized approach that will simplify our inspection process and provide the
contractor with more resources in District 3 to enhance both the parks and the Zoo. Vista Del
Verde's existing agreement for District 3 includes a base amount of $508,164. An additional 10%
contingency is included for unanticipated work, resulting in an existing agreement amount of
$558,980 for District 3. This amendment for the Zoo will add a nine -month base amount of
$93,987, a 4% CPI increase ($3,759), and an additional 10% contingency for a Zoo subtotal of
$107,521 and a total overall agreement amount of $666,501. This nine -month amendment period
will allow both the Zoo amendment and District 3 base agreement to both expire on June 30,
2013.
25A -1
Vista Del Verde Amendment
September 17, 2012
Page 2
FISCAL IMPACT
Funds for this amendment is available in the FY 2012 -13 Santa Ana Zoo Contract Services
account (no. 01113220 62300).
Gerardo Mouet,
Executive Director
Parks, Rec. and Com. Svcs.
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez,
Executive Director
Finance and Mgt. Svcs. Agency
25A -2
FIRST AMENDMENT TO
LANDSCAPE MAINTENANCE AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 17, 2012,
by and between Vista del Verde Landscape, Inc., a California corporation (hereinafter
"Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ( "City ").
RECITALS:
A. The parties entered into that certain Agreement # A -2012 -113, dated June 4, 2012,
(hereinafter "said Agreement ") by which Contractor has provided landscape maintenance
services for City properties located in Santa Ana's District 3.
B. Contractor has been performing landscape maintenance for the Santa Ana Zoo at Prentice
Park pursuant to an agreement which terminated September 30, 2012.
C. In accordance with the terms and conditions of said Agreement, the parties wish to increase
the Scope of Services of said Agreement to include provision of landscape maintenance
services at the Santa Ana Zoo at Prentice Park, and add compensation to pay for the
additional services provided.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to provide:
"a. Contractor shall perform landscape maintenance services for Santa Ana Parks, D strict 3,
as set forth in City's Request for Proposal 12 -006 (RFP), dated April 17, 2012, and the maps
included therein. Said RFP is on file at the Parks, Recreation and Community Services
administrative offices, and incorporated to this Agreement by reference. Contractor shall
specifically comply with the Specification for Routine Maintenance, attached hereto as
Exhibit A and incorporated by reference.
b. Contractor shall provide landscape maintenance services for the Santa Ana Zoo at Prentice
Park ( "the Zoo "), in compliance with the specification set forth as Exhibit A -1 attached to
this First Amendment to Agreement and incorporated by reference However Contractor
shall require that its Zoo irrigation staff obtain and maintain irrigation pecialist(s)
certification as required by the District 3 Maintenance Specification Such irrigation
specialist shall be paid at the hourly rate of $75."
2. Section 3.a., COMPENSATION, shall be amended to increase compensation by ninety -seven
thousand, seven hundred forty-six dollars ($97,746.00), to pay for landscape maintenance at
the Zoo. Said total amount includes a ten percent (10 %) contingency for unanticipated
services required at the Zoo. Routine Zoo maintenance services shall be charged on a
monthly basis at the rate of $10,860.86.
3. Section 4, COMPENSATION, shall be amended to reflect that the provision of Zoo
maintenance services shall commence October 1, 2012 and continue through the term of said
Agreement.
25A -3
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
VISTA DEL VERDE
LANDSCAPE, INC.
ROBERT S. JOHNSON
President
25A-4
EXHIBIT A -1
SPECIFICATION FOR
LANDSCAPE MAINTENANCE SERVICES
SANTA ANA ZOO AT PRENTICE PARK
25A -5
LANDSCAPE MAINTENANCE CONTRACT
SPECIAL PROVISIONS
DEFINITIONS
Page 1 of 41
The use of the word "Director" shall be construed to mean the Executive Director of
Parks, Recreation & Community Sery ices or their designated representative(s). The
use of the word "Contractor" shall be held to mean the Contractor and/or any person
employed by him and working under this contract.
The use of the word "pruning" shall include the practices sometimes referred to as
"trimming ".
The use of the word "weed" shall be understood to mean any undesirable or misplaced
plant.
2. PERIOD OF AGREEMENT
The contractor shall perform all work under this contract over a period of twelve (12)
months, subject to extension or termination as described below.
BID REQUIREMENT
Prior to contract award, any bidder may be required at any time to demonstrate to the
Director that he can successfully perform maintenance work of the type involved in this
contract and that he possesses suitable equipment to perform the work.
4. BONDS
Each bid must be accompanied by cash, a cashier's or certified check payable to the
City of Santa Ana, or a bid bond, for an amount not less than ten percent (10 %) of the
aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract
if the same is rewarded to him. Any bid submitted without any of the above shall not be
considered.
The successful bidder will be required to obtain and submit to the City two surety bonds.
These bonds are:
1. "Payment Bond" for not less than 100 percent of the contract price.
2. "Faithful Performance Bond" for not less than 100 percent of the contract price.
Page 2 of 41
5. FUNCTIONS AND RESPONSIBILITIES
A. Director
The Director shall have the authority to accept /reject materials, workmanship and
to make minor changes in work or schedule, not involving extra cost. When the
performance of the work or completion -per schedule is determined to be sub-
standard, he may: 1) recommend that all or a portion of payment be withheld,
and /or forfeiture for delay be assessed; 2) direct the work be accomplished by
either City forces or separate contractor, in order to complete the necessary work
as close to schedule as possible, and withhold the resulting costs. Payment to
be withheld shall be deducted from the next monthly payment due the
Contractor, or if the amount is insufficient to cover payment, the Contractor shall
be liable and will be billed accordingly.
The Director shall decide all questions, which may arise as to the manner of
performance and completion per schedule, acceptable fulfillment of the contract
by the Contractor, interpretation of the specifications, and compensation to
include completion of work by altemate sources.
B. Contractor
(1) Review of Job Site
The Contractor shall be held responsible for carefully reviewing the site
and verifying all areas of work, prior to bid submittal.
(2) Local Office
The Contractor shall maintain a local office with a competent
representative that can be reached during normal working hours and
authorized to discuss matters pertaining to this contract with the Director.
A local office is one that can be reached by telephone without it being a
toll call. An answering service or mobile telephone shall not fulfill the
requirement for a local office. Contractor will not be allowed to store
equipment or materials at any contracted area without written permission
from the Director. In addition, the Contractor shall have the capability to
receive and respond to emergency calls as specified under routine
maintenance in the landscape maintenance specifications.
(3) Submittals
The Contractor shall submit to the Director at the beginning of work: 1) a
detailed annual, monthly and weekly work schedule; 2) time sheets of
employees assigned to the Zoo; 3) names and titles of all persons working
on the project; and, 4) materials and /or chemicals to be used on the
project for approval. All submittals shall be periodically up -dated as
necessary. The Director shall be immediately notified of any changes to
the above infbrrliation.
Page 3 of 41
(4) Uniforms /Identification
The Contractor shall provide to all field personnel a standard uniform
including but not limited to a company hat, collared work shirt properly
marked with company identification, uniform pants, and ANSI approved
safety shoes. All vehicles and equipment on the project site shall also be
in presentable condition and have the company's name clearly identified
on both doors.
(5) Licenses and Permits
The Contractor shall, prior to award of contract and without additional
expenses to the City, possess all licenses and permits required for the
performance of the work required by this contract, including but not limited
to State License C -27 and a City of Santa Ana Business License.
(6) Compliance with the Law
The Contractor agrees that its performance under the contract shall
comply with all applicable laws of the United States of America, the State
of California, the County of Orange, the City of Santa Ana, and any other
body having jurisdiction over the activities of the contractor.
6. RESPONSIBILITY FOR WORK
The Contractor shall be responsible for all damages to people and /or property that
occur as a result of the fault or negligence of said Contractor or his employees in
connection with the performance of this work.
7. FAILURE TO PERFORM SATISFACTORILY
A. It is agreed and understood that when the performance of the work or completion
per schedule is determined to be sub - standard or unsatisfactory the Director will:
(9 ) recommend that all or a portion of payment be withheld, and/or forfeiture for
delay be assessed; and, (2) direct the work be accomplished by either City forces
or separate contractor, in order to complete the necessary work as close to
schedule as possible, and withhold the resulting costs. Payment to be withheld
shall be deducted from the next monthly payment due the Contractor, or if the
amount is insufficient to cover payment, the Contractor shall be liable and will be
billed accordingly. Such adjustments will be the estimated cost for performance
by City forces plus City overhead and will include overtime pay as required to
complete work. In addition the City will charge the ContractorS369M for each
item in the specification they fail to complete. ecw "3°O'
B. If the Contractor performs the work in such a manner that the amount of payment
withheld due to sub - standard performance, non - performance and forfeiture for
non- completion per schedule totals five (5) percent of the total contract price, the
City will put the Contractor under notice of non= compliance. *If tho'Contractor
:�
Page4 of 41
continues to perform the worts in such a manner that the amount of payment
withheld due to substandard performance, non - performance and forfeiture for
non - completion per schedule totals ten (10) percent of the total contract price,
the contract is subject to cancellation at the "City" option. In the event of
cancellation for unsatisfactory performance, the original Contractor shall
reimburse the City for damage accrued by changing contractors.
8. CONTRACT TERMINATION
The City or the Contractor reserves the right to terminate the contract, without penalty,
for cause immediately or without cause after 30 days written notice thereof is delivered
to the Contractor either personally or by mail addressed as shown on the purchase
order form.
a) If the Contractor fails to meet the specifications of this contract for a period of 15
cumulative days, the City may at its option terminate the balance of this contract
by written notice of termination to the Contractor. Notice of such terminabon
shall take effect 15 days after such notice is mailed.
9. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
maximum safety to the public and where applicable, comply with all safety standards
required by CAL -OSHA. The Director reserves the right to issue restraint or cease and
desist orders to the Contract or when unsafe or harmful acts are observed or reported
relative to the performance of the work under this contract.
10. UNDERGROUND
Underground Alert Systems must be notified 48 -hours in advance prior to commencing
work that involves digging underground. This notification Is required for each location.
The telephone number is 1- 800 - 4224133.
11. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and/or property
resulting from his operations. Any hazardous condition noted by the Contractor, which
is not a result of his operations, shall be immediately mitigated then reported to the
Parks, Recreation & Community Services Agency.
12. PROPERTY DAMAGE
Any damage to utility lines that occurs shall be immediately reported to the utility
company this Is involved. The cost of repair, if required, will be at the Contractor's
expense. If damage occurs to any adjacent shrubs or trees that are to remain on the
site, immediate treatment or necessary replacements of the same shall be at the
Contractor's expense.
25A -9
Page 5 of 41
13. ACCESS TO PRIVATE PROPERTY
Prior to any work that will restrict access to private property, the Contractor shall notify
each affected property owner or responsible person, informing him of the nature of and
the approximate duration of the restriction.
14. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to
the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry
work, fences, walls, sidewalks, street paving, etc., located on either public or private
property. If
removal, then ns such improvements shall be replaced in kind other
t the Contractor's expense.
remo ,
15. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow
on the street at all times. In situations where it is necessary to restrict traffic flow, the
Contractor will contact the Director.
16. MISCELLANEOUS TRAFFIC DEVICES
Signs used for handling traffic during the course of this project shall be in accordance
with the "Work Area Traffic Control Handbook" (WATCH) published by Building News,
Inc., and made a part of these special provisions. The method in which signs, barriers
and other miscellaneous traffic devices are used during construction shall be in
accordance with the publication mentioned. A copy of said publication is on file in the
Public Works Agency.
All signs shall be illuminated or reflectorized when they are used during hours of
darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be
provided with flashers, or other satisfactory illumination if in place during hours of
darkness.
17. METHOD OF PAYMENT /MONTHLY REPORTS
The Contractor will be paid monthly, in arrears for work performed satisfactorily under
this contract. By the first of each month the Contactor shall submit a detailed report of
maintenance performed and materials used in the prior month. Reports shall consist of:
1) employee weekly work schedule and location by crew type; ; 2) pesticide use report
for Agricultural Commissioner's Office; 3) fertilization report including manufacturer, N-
P-K percentages, weight by bag, type of landscape applied (turf, groundcover /shrub or
trees), and number of bags of fertilizer applied ; 5) upcoming projectstwork; and,
(NOTE CITY TO PROVIDE GREEN WASTE CONTAINER ON SITE AND PERFORM
ANNUAL GREEN WASTE REPORT). This report shall be accompanied by a billing in
accordance with the contract price for the work performed, and shall become the basis
for payment.
Page 6 of 41
18. WATER COST
The City shall bear the costs for water used in the sites covered by this contract as
billed on the regular monthly invoices by the City of Santa Ana Finance and
Management Services.
The Contractor shall be responsible for managing the amount of water applied to the
contract areas. Should the amount of water applied exceed the monthly EWA then the
Contractor shall be responsible for the cost of water that exceeded the EWA.
19. APPRENTICESHIP STANDARDS
Where required under law, the prime contractor on this project shall assume full
responsibility for compliance with apprenticeship standards as established by Section
1777.5 of the California State Labor Code.
20. WORKER'S COMPENSATION INSURANCE CERTIFICATIONS
A. During performance hereunder, and entirely at CONTRACTOR's sole expense,
CONTRACTOR shall procure and maintain the following insurance, which shall
be full coverage insurance not subject to self - insurance provisions.
CONTRACTOR shall not, of its own initiative cause such insurance to be
canceled or materially changed during the course of the herein Agreement.
(1) Workers' Compensation Insurance: Within limits established and required
by the State of California.
(2) Employer's Liability with a limit of $2,000,000.
(3) Comprehensive General Liability to include Completed Operations,
Contractual, Independent Contractors and Personal Injury, and
Automobile Liability, including all auto; with at least the following combined
limits of liability:
(a) Primary Bodily Injury Liability limits of $2,000,000 per occurrence.
(b) Primary Property Damage Liability limits of $2,000,000 per
occurrence.
(c) Primary Bodily Injury and Property Damage Liability combined
single limit of $2,000,000 is preferred.
B. Prior to commencement of any work hereof, CONTRACTOR shall fumish to the
City Purchasing Manager a Certification of Insurance which shall certify
CONTRACTOR's insurance policies provide:
(1) 'The City of Santa Ana, its officers, employees, agents, and
representatives are named as additional insured" on Comprehensive
General Liability and Automobile Liability insurance with respect to
performance hereunder.
Page 7 of 41
(2) The coverage shall be primary and noncontributory as to any other
insurance with respect to performance hereunder; and
(3) Thirty (30) days prior written notice of cancellation or material change is
given to City.
C. Occurrence, as used herein, means any event, or related exposure to conditions,
which result in bodily injury or property damage.
21. SUBCONTRACTORS
Designation of Subcontractors
In accordance with the provisions of Section 4100 and subsequent section of the
Government Code concerning the Subletting and Subcontracting Fair Practices
Act, bids on public contracts and for all work except the construction,
improvement, or repair of streets or highways and bridges shall include a listing
of all subcontractors who will perform work or labor or render service to the prime
contractor's total bid. This requirement for the listing of subcontractors also
extends to that portion of street or highway work involving street lighting and
traffic signals as noted in Section 4100.5. The portion of work, which will be
done by each such subcontractor, must be listed and only one such
subcontractor shall be listed for each portion.
2. Bidders Note Carefully
Should this contract include work, which requires the listing of subcontractors as
above referenced, this listing must be provided with the bid on the enclosed
sheet(s).
If the bidder fails to specify a subcontractor for any portion of the work to be
performed under the contract in excess of one -half of one percent of the bidder's
total bid, he agrees to perform that portion himself. The successful bidder shall
not, without the written consent of the City:
(a) Substitute any person or firm as subcontractor in place of the
subcontractor designated in the original bid.
(b) Permit any subcontract to be assigned or transferred or allow it to be
performed by anyone other than the original subcontractor listed in the bid.
(c) Subcontract any portions of the work after bid is submitted if the cost
thereof exceeds one -half of one percent of the total bid and a
subcontractor was not designated for the work in the original bid.
Page-8 of 41
GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS
SCOPE OF WORK
The Contractor shall provide at his own risk and cost all labor, materials, tools,
equipment, transportation, , fertilizers, pesticides, chemicals and other items needed to
do grounds/landscape maintenance work as directed herein.
The Contractor is expected to continuously improve upon the appearance of the
landscaped areas. The Contractor shall provide complete grounds/landscape
maintenance of all work sites, including, but not limited to pruning, shaping and training
of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling
plant diseases and pests; mowing turf, edging turf and ground cover, irrigating plant
material; maintaining and repairing irrigation systems; tot -lot maintenance; removing
trash and debris and, other maintenance required to maintain the work sites in a safe,
attractive and useable condition. The Contractor shall maintain all plant material in
excellent condition with horticulturally accepted standards for growth, color, and
appearance (Horticulturally accepted standards shall be determined by the Director).
A. Scheduling of Work
1) The Contractor shall accomplish all routine landscape maintenance
required under this contract between the hours of 6:00 a.m. and 6:00 p.m.,
Monday through Sunday. The Director may grant, on an individual basis,
permission to perform maintenance at other hours. The Contractor shall
establish a schedule of routine work to be followed in the performance of
this contract. A copy of this schedule shall be provided to the Director
prior the performance of any work required by these specifications, and
any changes in scheduling shall be reported in writing to the Director
immediately.
2) The Contractor shall conduct the work at all times in a manner, which will
not interfere with pedestrian traffic on adjacent sidewalks or vehicular
traffic on adjacent streets. In addition, a special notification listing exact
starting date for renovation, pruning and other infrequent operations, shalt
be furnished to the Director at least five (5) working days in advance of .
performing these operations.
B. Work Force
1) The Contractor shall insure that all work under this agreement is
supervised by Contractor employed supervisory personnel who possess a
Bachelor of Science degree in Ornamental Horticulture, Landscape
Architecture, Landscape & Irrigation Technology or any other related
science degree. The Supervisor shall also possess management skills
required to implement modem methods and newly developed
management horticultural procedures and/or practices.
25A-1 3
Page 9 of 41
The Contractor's Supervisor shall accompany the Director on weekly
inspection tours of the Zoo. During the tour the Contractor's Supervisor
shall communicate to the Director what work was completed the previous
week, what changes were made or are being contemplated for the future
and what work is scheduled for the upcoming week and month.
2) The Contractor shall provide Irrigation Specialists who possess, at
minimum, a Certificate in "Ornamental Horticulture Certificate of
Proficiency Specialization in Landscape Irrigation" to perform all irrigation
checks, repairs, modifications, etc. Should the Contractor have or staff
Irrigation Specialists with equal or greater educational qualifications they
may appeal to the Director for approval (see Exhibit D). Any Contractor
staff that does not meet this criteria who is discovered working on
irrigation will be immediately stopped and the Contractor agrees to pay a
$150.00 penalty per occurrence.
4) The Contractor shall insure that fully qualified, experienced personnel,
directly employed by the Contractor, perform all work under this
agreement.
5) The Contractor shall be responsible for the skills, methods, appearance
and action of Contractor's employees and for all work done. The
Contractor's employees shall be U.S. Citizens or legal residents.
fi) The Contractor shall perform the work provided for in this contract under
the direction of the Director. The Director may make inspections at any
time and may request that the Contractor perform additional work or
services to bring Contractor's performance to the level required by this
agreement.
7) The Contractor shall remove from the contracted work sites any employee
who is found objectionable to the Director.
C. Material
1) The Contractor shall submit a list to the Director all materials that the
Contractor proposes to use in the execution of this work. The list shall
include Material Safety Data Sheets or any other chemical analysis where
applicable, recommended usage and any other pertinent data by the
manufacturer of the material. Said list shall be submitted before use of
any product, pursuant to the provisions of this agreement.
2) The following shall apply to the material indicated:
a. Fertilizers shall be complete, furnishing the required percentage of
nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs
and other plants in a healthy and vigorous growing condition.
Page 1 U of 41
b. Pesticides including but not limited to: Insecticides, fungicides,
herbicides, and rodentleldes shall be of the best quality obtainable,
properly labeled with guaranteed analysis, and brought to the job
site in the manufacturer's original container.
C. Tree stakes, tree ties and guy wines shall be of materials matching
those existing in the work site or as specified by the Director.
d. The Director shall of a size; condition and variety specify
replacement trees, shrubs, ground cover, and other plants.
e. The Director prior to planting shall Inspect replacement plant
materials.
f. The Director shall determine replacement lawn sod.
D. Recyclino
All organic waste (including leaves, grass clippings, brush, branches, and tree
parts) resulting from work performed under this contract shall be recycled
through composting or processing for use as mulch. Organic waste cannot be
landfilled unless the Director gives prior authorization.
The City shall provide green waste containers on the Zoo grounds for the
Contractor to dispose of green waste generated from his work (at the Zoo). In
addition, the City shall monitor the amount of green waste recycled and report to
the State of California in their annual report detailing the annual tonnage of green
wasted collected at the Zoo over a year's period.
II. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed
on the work site depicted in Exhibit A.
A. TURF F CARE
All turf within this agreement is considered priority turf and shall be
maintained to the highest industry standards.
1) Mowing
a. All turf shall be mowed weekly with mulching mowers. Should the
mulching mowers leave behind grass clippings the Contractor shall
collect and dispose of the grass clippings immediately upon
request.
b. All turf shall be cut to a height appropriate for the type of grass
being mowed as determined by the Director. Note that the Director
may direct the'Contractorto mow the /priority turf areas lower if
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he /she feels it will benefit the City. The Contractor shall mow turf
with new or just sharpened mower blades and maintain mowers so
that they to provide a smooth, even cut without the ridges or
depressions and without tearing of the leaf blades.
2) Edging and Detailing
a. McCiains edgers or approved equal shall edge adjacent to all
improved surfaces shall edge all turf and, where no improved
surface exists, turf edges shall be maintained with string trimmers.
Edging shall be performed weekly, or more frequently if desired by
the Contractor. Following each edging, all edging debris shall be
removed.
b. All turf growing adjacent to irrigation hardware, string trimmer
and/or chemicals to a maximum of twelve (12) inches in all
directions of said objects shall neatly detail tree trunks, or any other
landscape amenity. If chemical detailing is performed, the
Contractor shall use the string trimmer to remove the treated turf
within one (1) week after symptoms of phytotoxicity become
recognizable.
3) Fertilization/Soil Amending
a. Turf shall soil tested once per year by an approved soil testing
laboratory. One soil sample shall be taken within each 5 acres of
turf area. The test will be comprehensive and provide written
recommendations of how to improve the soil and overall health of
the turf. All turf will be fertilized eight (8) times per year per the
Valley Crest Landscape Management "Agronomic Plan 2008" (see
attached) using a complete or approved fertilizer. The rate of
application shall be one (1) pound of actual nitrogen per 1,000
square feet. The Director may request proof of fertilizer application
in the form of empty fertilizer bags.
4) Irrigating
a. Turf areas shall be appropriately watered as required by weather
conditions to provide adequate moisture for optimum growth. At no
time shall turf areas be allowed to show a lack of fresh green color
or a loss of resilience due to lack of water. Should the Contractor
believe they would need to apply additional water above and
beyond the monthly EWA he shall request approval from the Park
Service's Utility Coordinator prior to exceeding the monthly
irrigation budget.
b. Wherever or at any time that an irrigation system does not
adequately cover the turf area in which it is installed, (fails)
including but not limited to controller failure, valve failure, etc., the
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Contractor is responsible for providing supplemental irrigation by
semi - automatically or manually running the irrigation systems.
Should the Contractor not respond to signs of turf stress
immediately the Director may dispatch his own staff at the expense
of the Contractor.
C. Automatic irrigation shall be conducted between the hours of 10:00
p.m. and 4:00 a.m. and shall be programmed not to exceed EAW
(Estimated Applied Water). The cost for exceeding EAW will be
deducted from the Contractor's monthly payment.
5) Overseeding
a. Each year, all priority turf areas shall be overseeded with Lesco
Eagle Blend perennial rye grass or approved equal at the rate of
not less than seven (7) pounds per 1,000 square feet Seed shall
be uniformly broadcast, with care taken to not broadcast In non -turf
area.
b. Contractor shall guarantee 95% germination of seed using the most
modem horticultural practices. Failure to germinate the seed to the
Director's satisfaction will result in the Contractor redoing the work
or forfeiting the cost of performing this work or the City may elect to
hire another contractor to perform the work and deduct the cost
from the Contractor's monthly invoice(s).
6) Pre - emergents
a. The Contractor shall apply approved pre - emergent herbicides to all
turf areas in order to control the germination of noxius weeds such
as but not limited to Dallis Grass, Goose Grass, Crab Grass,
Nutsedge etc.
7) Replanting
a. The Contractor shall resod all turf lost due to the Contractor's
negligence, as determined by-the Director.
b. The Contractor, at his expense shall overseed any bare areas in
the turf in order to keep the turf 100% covered at all times.
B. GROUND COVER CARE
1) Edging and Detailing
a. Ground cover beds shall be maintained within their intended
bounds, and edged or detailed a minimum of every two (2) weeks
or more often to keep the beds looking manicured at all times.
Page 13 of 41
Ground covers shall not be permitted to encroach into lawns,
shrubs, adjacent desirable bare areas, wall fixtures, fumiture,
beneath and/or into other plants, etc. All sites shall be cleaned
following each edging /detailing, Including streets (when applicable).
C. Ground cover that has grown beneath and into shrubs shall be
detailed not to touch the shrub /tree.
2) Fertilization /Amending
a. Each 5 acres of ground cover shall be soil tested once per year by
an approved soil testing laboratory. The test will be comprehensive
and provide written recommendations of how to improve the soil.
All ground cover will be fertilized eight (8) times per year per the
Valley Crest Landscape Management "Agronomic Plan 2008" (see
attached) . The rate of application shall be one (2) pound of actual
nitrogen per 1,000 square feet. The Director may request proof of
fertilizer application in the form of empty fertilizer bags.
3) Cultivation or Mulch
a. All bare soil or open areas shall be either cultivated every two (2)
weeks or covered by a minimum of two (2) inches of mulch. Mulch
material shall be Black Forest mulch or approved equal by the
Director.
4) Irrigating
a. All ground cover shall be properly irrigated to maintain a healthy
condition. Failure of any portion of the irrigation system will not relieve
the Contractor if the responsibility to provide appropriate supplemental
irrigation to the ground cover. The Contractor shall relieve stress by
semi - automatically or manually running the irrigation systems.
C. SHRUB CARE
1) Pruning
a. All shrubs growing in the work areas shall be pruned as requested,
to maintain plants in a healthy growing condition and to maintain
plant growth within reasonable bounds to prevent encroachment of
passage ways, walks, streets, and view of signs or in any manner
deemed objectionable by the Director. Dead or damaged limbs or
branches shall be made clean with sharp pruning tools with no
projections or stubs remaining. Pruning shall be done in a manner
to permit plants to grow naturally in accordance with their normal
growth characteristics except box hedging may be required on
- some shrubs, as designated by the Director. Shear hedging or
severe pruning of plants, unless authorized by the Director, shall
Page 14 of 41
not be permitted. Should the Contractor shear hedge or severely
prune plants and disfigure or damage the plants, the Contractor
shall be responsible to replace those plants with like kind and size
as determined by the Director. The Contractor may be requested
from time to time to raise the bottom of the shrubs for security
reasons. This shall be considered routine maintenance and
therefore have no extra cost to the City.
2) Fertilization
a. All shrubs will be fertilized eight (8) times per year per the Valley
Crest Landscape Management "Agronomic Plan 2008' (see
attached) . The rate of application shall be one (2) pound of actual
nitrogen per 1,000 square feet. The Director may request prof of
fertilizer application in the form of empty fertilizer bags. Irrigation
b. All shrubs shaft be properly irrigated to maintain a healthy condition.
Failure of any portion of the irrigation system will not relieve the
Contractor if the responsibility to provide appropriate supplemental
irrigation. The Contractor shall relieve stress by semi - automatically
or manually running the irrigation systems.
3) Replanting
a. The contractor shall be responsible for the complete removal and
replacement of shrubs lost due to the Contractor's negligence, as
determined by the Director.
D. TREE CARE
1) The Contractor shall routinely maintain all tees up to a height of
fifteen (15) feet in height.
a. All trees within the scope of work shall be maintained to keep the
natural integrity and shapes of the trees. This work shall be
accomplished in a manner, which will ensure that each individual
tree is Clash I pruned (as outlined in the City of Santa Ana Tree
Pruning and Stump Removal Specifications. All work shall be of
the highest quality as outlined in Exhibit B). In addition, the
Contractor shall remove or prevent encroachment where it blocks
vision or is considered undesirable by the Director. Low branches
overhanging sidewalks shall be removed to a height of nine (9) feet
above grade. Young trees needing pruning, training, and shaping
to develop caliper and a strong structural framework shall allow low
branching laterals and or appropriate sucker growth to remain on a
continuing basis as needed according to the Director.
Page 15 of 41
3) Staking, Typing and Guying
a. All trees requiring staking shall be securely staked at all times with
approved stakes and rubber cinch ties. Rubber hoses and wire will
not be permitted. All stakes shall be set perpendicular to prevailing
winds unless designated otherwise by the Director. Tree stakes
shall also be set a consistent distance away from the trunk of the
tree (minimum six (6) inches) to reduce abrasion and cell
elongation. The tops of all tree stakes shall be removed
approximately three (3) inches above the highest tie to reduce
abrasion of main or lateral branches of the tree.
4) Fertilization
a. All trees shall be fertilized using an approved slow release fertilizer
a minimum of one (1) time per year.
5) Irrigating
a. All trees shall be properly irrigated to maintain a healthy condition.
Failure of any portion of the irrigation system will not relieve the
Contractor if the responsibility to provide appropriate supplemental
irrigation. The Contractor shall relieve stress by semi - automatically
or manually running the irrigation systems. General Requirements
a. The Contractor shall bring to the attention of the Director within
twenty-four (24) hours any tree displaying rots heaving or girdling
(either by roots or a foreign material, leaning, broken or hanging
limbs, or any other reason posing a potential safety hazard.
6) Replanting
a. The Contractor is responsible for regularly and continuously
inspecting the trees to assure they are in a healthy growing
condition free of damage, pest and disease. The Contractor shall
be responsible for the complete removal and replacement of any
and all trees lost due to the Contractor's negligence, including but
not limited to, girdling trees with string trimmers or tree ties,
improper planting of new trees, improper pruning techniques which
disfigure or destroy the trees natural integrity and shape, or failure
to detect and prevent treatable diseases and insect infestations.
Any tree, which was alive at the time this agreement begins, shall
survive until the agreement ends. If the tree dies without first being
diagnosed by a Certified Arborist with a terminal disease or cause,
the Contractor shall be responsible to replace the tree with like
species and size.
b. Replacement shall be made by the Contractor in the kind and size
of trees determined by the Director. Where there is a difference in
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value between the trees lost and the replacement of trees, this
difference will be deducted from the Contractor's payment. In all
cases, the Director using the latest American Shade Tree
Conference guidelines for value determination will determine the
value of the trees lost.
E. ANNUAL COLOR
All areas having existing annual color shall be maintained per Exhibit C — Annual
Color Planting and Maintenance Specification. Annual color shall be rotated four
times annually per Exhibit C.
F. WEEDS, DISEASE AND PEST CONTROL
1) Weed Control
a. All landscape and hardscape areas within the specified scope of
work (including, but not limited to, turf, shrub and ground cover,
planters, tree wells, ornamental bark or rock areas, asphalt or
concrete areas) shall be kept free of weeds at all times. The
complete removal of all weed growth shall be accomplished on a
continuing basis. Weeds shall be controlled by hand and approved
mechanical or chemical methods. Should weeds two (2) inches or
greater not be removed within one (1) week at the request of the
Director, the Director will dispatch his own City forces to remove the
weeds. The cost for City staff plus the $150.00 call out fee will then
be deducted from the Contractor's monthly payment.
2) Disease and Pest Control
a. The Contractor shall regularly inspect all landscaped areas (turf,
trees, shrubs, ground cover, and annual color) for presence of
disease or insect or agricultural rodent infestation. The Contractor
shall advise the Director within four (4) days when a problem exists
and what course of action they intend to take to resolve the
problem. Upon approval of the Director, the Contractor shall
implement approved control measures, following all federal, state,
county, and municipal laws, regulations and ordinances required for
the approved work at no extra cost to the City.
b. Approved control measures shall be continued until the problem is
controlled to the satisfaction of the Director. The Contractor shall
utilize all safeguards necessary during disease; insect or rodent
control operations to ensure safety of the public and the employees
of the Contractor.
Any plant material, which dies without the Contractor's Horticulturist
diagnosing the plant and implementing efforts to save the plant, will
be considered negligence and, therefore, the Contractor shall
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Page 17 of 41
replace the plant with like species and size at no extra cost to the
City.
G. IRRIGATION SYSTEM MAINTENANCE
1) General Responsibilities
a. Irrigation shall be applied by the use of automatic or mechanical
irrigation systems. The Contractor shall be responsible for
providing appropriate supplemental irrigation when there is a
system failure. The Contractor shall relieve stress in a landscape
area by semi - automatically or manually running the irrigation
systems.
b. Newly planted trees, shrubs, ground cover and turf shall receive
special attention until these plants are established. Adequate water
shall be applied to promote normal healthy growth. Proper berms
or basins shall be maintained during the establishment period.
C. Any damages to public or private property resulting from excessive
irrigation water or irrigation water runoff shall be charged against
the Contract payment unless immediate repairs are made by the
Contractor to the satisfaction of the Director.
2) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required as part
of this contract, the Contractor shall:
a. Not duplicate any coded City key furnished by the Parks,
Recreation & Community Services Agency for access and
operation of the controller.
b. Surrender all keys furnished by the Parks, Recreation &Community
Services Agency at the end of the contract period, or at any time
deemed necessary by the Director to prevent serious loss to the
City of Santa Ana.
C. Protect the security of City property by keeping controller cabinet
and building doors locked at all times.
d. Refrain from using premises behind locked doors for storage of
materials, supplies or tools, except as approved by the Executive
Director.
e. Program normal irrigation between the hours of 10:00 p.m. and
4:00 a.m.
3) Water Conservation
Page 18 of 41
The contractor shall turn off irrigation systems during periods of rainfall
and times when suspension of irrigation is desirable to conserve water
while remaining within the guidelines of EWA.
a. When the Director acknowledges the necessity to turn on the water
once again, all controllers shall be activated within twenty -four (24)
hours. After 24 hours should the Contractor not turn irrigation
systems back on, the Director may, at his discretion, elect to
activate the controllers with City forces and deduct time plus
overhead from the Contractors monthly invoice.
4) Inspection and Reporting
a. The Contractor shall physically inspect (by manual or semi-
automatically running the Controller) the operation of all systems
one (1) time per month. The Contractor shall maintain all sprinkler
systems in such a way as to guarantee proper coverage and full
working capability, and make whatever adjustments necessary to
prevent excessive overspray /runoff into street right -of -ways or other
areas not intended to receive irrigation overspray /runoff. The
Contractor shall repair at his own expense any irrigation head and
lateral line rendered inoperable or malfunction due to attrition,
vandalism, etc.
b. A visual inspection by the Contractors Irrigation Technician of all
irrigated areas shall occur, more often, but not less than one (1)
time per week. All automated irrigation areas not receiving full
coverage shall be irrigated by a portable irrigation method. The
contractor shall fumish all hoses, nozzles, sprinklers, etc.,
necessary to accomplish this supplemental irrigation. Care shall be
exercised to prevent a waste of water, erosion, and /or detrimental
seepage into existing underground improvements or structures.
C. Contractor shall submit an irrigation report to the Director every
month. The report shall be of the format required by the Director
and shall include, but not be limited to, controller location, type of
controller, number of stations, run times for each station, turf or
shrub irrigation and repairs made for each station and what
maintenance is necessary to bring an irrigation system up to full
capability.
5) Repairs
a. The Contractor shall be responsible for repairs to the irrigation
system, from irrigation head to the water meter, when there is a
System failure. Should the Director elect to have the Contractor
repair any portion of the system from the remote control valve to
the water meter it will be considered extra work and the'City will
Page 19 of 41
request a proposal (cost bid) from the Contractor to perform the
work. The Contractor understands and agrees that the Director will
approve in writing any extra work before the Contractor actually
performs any work.
H. HARDSCAPE MAINTENANCE
1) During each site visit, concrete (including stamped concrete) and asphalt
areas, including, driveways, parking areas, sidewalks, PR&CSA roadways,
patios shall be checked for hazards and blown clean daily.
- All expansion joints and cracks are to be maintained free of weeds.
- Dirt, litter, and other debris must be removed/blown off from all paved
areas on a daily basis.
- Inspect for safety hazards, including hipping hazards, holes, or other
conditions. Immediately mitigate hazards, and then report them
immediately to the Director.
2) Vacuums, blowers, sweepers or other approved means may be used to
clean hardscape areas. However, debris shall not under any
circumstance be blown or otherwise swept onto adjacent streets or
property. All debris must be picked up by the Contractor and removed
from the site. The City must approve any equipment that is used for
cleaning hardscape.
4) Picnic facilities and park benches, including but not limited to picnic tables,
benches, concrete pads and shelters shall be maintained in a safe and
clean condition.
5) All picnic amenities and park benches shall be service daily to assure that
ail trash, debris, glass, staples, nails, tape, wire, etc. is removed.
6) All concrete picnic amenities, including but not limited to picnic tables,
benches, pads, shelter posts, trash receptacles, shall be power washed
with an approved high pressure steam cleaner, being careful not to
damage the picnic amenities, once every six (6) months.
7) All wood picnic amenities shall be painted with an approved standard paint
as often as necessary to maintain a clean and safe appearance. In
addition, should the metal hardware attached to the picnic amenities need
painting then the Contractor shall: paint the metal hardware as well.
8) All parks with flag poles shall have an American flag flying at all times.
The Contractor shall visually inspect the flag daily to assure it is in good
condition. Should, in the opinion of the Contractor, the flag not be in a
condition worthy of representing our country, he /she shall request from the
Director immediately an new flag which tK& 'Cdntractor shalt hoist upon
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Page 20 of 41
receiving the new flag from the Director. In addition, should the flag pole,
in the opinion of the Director need painting, then the Contractor shall paint
the flag pole with an approved paint up to ten feet (10') above the ground.
Should the Director wish to have the pole painted higher than the specified
ten feet (10') level he /she may request a proposal from the Contractor.
9) All other painted park amenities, including but not limited to signs, light
poles, entry gates, bollards, etc. shall be painted as necessary to assure a
high quality appearance. All paint colors and product shall be determined
by the Director.
10) Drinking fountains shall be clean, sanitized and unplugged daily. The
Contractor shall use approved germicidal cleaner and products to assure
that drinking fountains are free of disease, mineral build up, sand and
other debris which clogs drains, and that they are polished to the highest
quality possible.
ill Fhe Contractor shall be responsible for daily graffiti removal/over painting
of park amenities, including but not limited to picnic benches, park
benches, trash receptacles, drinking fountains, poles/posts up to ten feet
high (10'), and playground equipment. The Contractor shall also be
responsible for removing graffiti from park amenities having a protective
);waffiti coating and then reapplying an approved graffiti coating.
Vl) The Contractor shall not be responsible for graffiti removal /over painting of
park buildings, park walls, or picnic shelters above the ten foot height
(10'). Furthermore, the Contractor shall not be responsible for graffiti
removal on natural surfaces (concrete or other masonry surfaces that do
not have a graffiti coating).
PLAYGROUND/TOT -LOT AREAS
1) The Contractor shall be responsible for the weekly maintenance of all
Playground/tot-lot sand and rubberized areas to assure soft and debris free
fall zones at all times. Maintenance shall include, but not limited to,
loosening of compacted areas, regrading sand areas to level condition,
(eliminating ruts, depressions, build up areas, etc. that may lessen the-
safety of these areas should a fall occur), sifting of sand to assure that
debris and any other foreign objects are removed, removal of weeds and
other undesirable materials. Rubberized fall areas shall be cleaned of sand
and debris daily being careful to re -use any.sand that accumulates on the
rubberized surface.
2) The Contractor shall inspect footings weekly to assure that there is a
minimum of 10" of sand cover.
3) Playground equipment shall be inspected weekly to assure safe and
operable conditions. Should the Contractor discover an unsafe condition
he /she shall contact the Director immediately so the City can make the
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necessary repairs. Safety conditions the Contractor shall consider during
daily inspections are pinch points, sharp edges, lack of sand depth beneath
equipment, splintering, loose connections, missing parts, etc.
4) The Contractor shall also inspect weekly playground /tot -lot amenities
including but not limited to retaining walls (concrete, rock, wood, etc.),
signage, bridges, etc. Should the Contractor find an unsafe condition they
shall reported it to the Director immediately who then shall dispatch City
forces to repair or correct the unsafe condition.
5) Should the Contractor determine during their weekly safety
inspection that a portion of or all of the sand areas have eroded to below 10"
in depth they shall notify the Director immediately who then shall take action
to provide additional sand. Once the sand is delivered it shall be the
Contractor's responsibility to spread the sand evenly over the area.
H. GENERAL MAINTENANCE AND CLEAN -UP
1) The Contractor shall collect all clippings, trimmings, cuttings, rubbish and
debris at all work sites and dispose of it in a lawful manner at the
Contractors expense daily.
2) All trash and debris shall be removed from all worksites daily.
3) The contractor shall rake, hand remove, or vacuum leaves that are not
absorbed by planting. This shall be done as often as required to maintain
a neat appearance, or prevent plants from being smothered by seasonal
leaf drop.
4) After heavy windstorms, the entire area shall be cleaned of litter, fallen
branches, etc., which are in excess of normal amounts.
5) The contractor shall keep sidewalks and paved areas in the medians swept
and cleaned of any debris, weeds, dirt or soil at all times Drain inlets shall
be cleaned on a regular basis to avoid flooding of areas during inclement
weather.
6) The Contractor shall maintain drinking fountains in a clean, unplugged and
operable condition. The Contractor to the Director for repair shall report any
damage to or malfunction of drinking fountains for any cause promptly.
a. OTHER REQUIREMENTS
1) Replacement of Plant Material
a. The Contractor shall notify the Director within four (4) days of the
loss of plant material due to any cause.
Page 22 of 4I
b. The Contractor shall remove trees, shrubs, turf or ground cover,
which is damaged or lost due to any cause and provide the City a
cost bid to replace the lost plant material unless the plant material
was lost due to the Contractor's negligence. If the plant material
is lost due to the Contractor's negligence he /she will replace the
plant material at his/her cost with the same species and size of the3
existing plant material. The Director will determine the size lost
based upon the maturity of the expired existing plant material.
C. In order to ensure maximum healthy growth and overall aesthetic
appearance of planting in the work area, it may be desirable to
replace certain plants. The Director shall determine the necessity
or desirability of such plant replacement and request that the
Contractor provide a cost bid.
d. The Contractor shall replace, at Contractor's own expense, any turf,
ground cover, shrubs, or other plant material requiring replacement
through negligence resulting from contractor's failure to provide
maintenance in accordance with the provisions of this agreement.
These requirements are not to be construed as requiring the
Contractor to replace plant materials due to conditions beyond the
Contractor's control as identified in Section III (A)
EXTRAORDINARY MAINTENANCE, but is to be considered strictly
as a normal maintenance condition within accepted practice. It is
the intention of the City to require a high level of quality in
landscape maintenance compatible with standard practice.
2) New Construction
Where new construction or redevelopment may involve a significant
part of a work site, the Director may delete a portion of or the entire
work site from contractual maintenance during the construction and
plant establishment period. The deletion of this portion of work will
be reflected as a reduction in the monthly payment to the
contractor. The amount of reduction will be based on the
percentage of area involved and agreed upon by the City and the
Contractor.
3) Inspection
a. The Director shall inspect the work area to ensure adequacy of
maintenance and that methods of performing the work are in
compliance with the contract. However, this shall not be construed
to relieve the contractor of the duty to provide continuous inspection
and maintain name of the work area. The Contractor shall correct
discrepancies and deficiencies in the work immediately.
Page 23 of 41
4) Emergency Service
a. Twenty -four hours per day, seven days per week, the Contractor
shall be able to receive and respond to the City's call for
emergency service. Response time shall be less than two hours to
remove or eliminate a public safety hazard. Contractor shall
provide the City with a local telephone number where Contractor
can be contacted twenty -four hours per day, seven days per week.
13) New Maintenance Areas
Additional routine maintenance may be added to this contract.
Payment for add -on maintenance shall be computed on a square
foot cost per the bid.
14) Arterial Sidewalk Maintenance
Contractor shall remove weeds in the sidewalk and/or tree well
areas, remove sucker growth on parkway trees, trim vines along
walls so as not to allow plant material to impede pedestrian traffic
or grown onto sidewalk areas, and remove any debris and trash
daily. Contractor shall spray a pre - emergent to discourage future
weed growth.
III. SPECIAL MAINTENANCE CONSIDERATIONS
A. The Santa Ana Zoo animal collection will have a variety of individual
requirements regarding the maintenance around exhibits and in the vicinity of
Zoo animals. Because exhibits change from time to time the Director will notify
the Contractor of any specific maintenance requirements associated with any
change in animal exhibits. The Contractor agrees to being flexible by changing
maintenance practices and /or schedules as a condition of this agreement.
IV. EXTRAORDINARY MAINTENANCE
A. The addition of plant material, or the addition or repair of irrigation system
equipment (from valve to water meter) with the exception of irrigation heads and
lateral lines may be considered extraordinary maintenance if damage or
malfunction is mainly caused by any of the following:
(1) Acts of God
(2) Civic Disorder
(3) Vehicle Collision
(4) Vandals
(5) Excavation or re- surfacing of the street
(6) Power failures
(7) Underground wiring damage
Page 24 of 41
B. Any minor upgrading work or installation, as directed by the Director, shall also
be paid to the Contractor as extraordinary. Any extraordinary maintenance
requests from the Director shall be confirmed in wiring, accompanied with an
estimate of cost within five (5) working days.
The Contractor shall contact the Director regarding any extraordinary
maintenance work and seek prior approval before the work is scheduled.
The Contractor shall call the Director at least four (4) hours in advance
before any extraordinary work is commenced.
C. City shall pay for such extraordinary maintenance as follows:
1) Materials. The City shall pay to the Contractor for materials used in
extraordinary maintenance of the Contractor's cost from the supplier plus
the percentage specified in the Contractor's bid proposal. All materials
and parts shall be new or approved by the Director if otherwise. The City
has the right to inspect the Contractor's records to verify any material
costs used in extraordinary maintenance.
2) Direct Labor. Contractor shall present with Contractor's monthly invoice a
record of hours spent and locations serviced in extraordinary
maintenance. City shall pay the Contractor for such hours of extraordinary
maintenance at the rates specified on the Contractor's bid proposal. Said
hourly rates shall be the total cost to City. Rates shall include all
compensation for wages, profit, overhead, any fringe benefits such as
employer payments to, or on behalf of, worker for health and welfare,
insurance, workers' compensation, pension, vacation, sick leave or any
local, State, Federal or union tax or assessment
Page 25 of 41
EXHIBIT A
Routine Maintenance Locations
(Includes all landscape and hardscape)
SITE LOCATION
Santa Ana Zoo In Prentice Park 1700 E. First Street (see map)
EXHIBIT "B
City of Santa Ana
SANTA ANA PARK & RECREATION FACILITIES
TREE PRUNING SPECIFICATIONS
IFOR
DESCTLMON
PAGE
Overview of Specifications, General Requirements ...
I
Certified Arborist, Specific Tree Pruning Specifications ......
2,3
Complete Tree Pruning Specifications
...............
.................................
Safety Tree Pruning Specifications
3,4
.....................................
Power Line Clearance (PLC) Pruning Specifications ..........
4,5
Palm Pruning Specifications
5,6 1.0
.............................................
Unacceptable Pruning, Damage to Public or Private Pro
Hym
6
Public Safe and Coo " ""
Safety Cooperation, Site Cleanup, Time Completion
ODUCMON
7 Trees
....
Payments Withheld/Penalties, Subcontractors, Additions/Deletions,
and other
Inspections, Billing, Contractor
woodyplants
Qualifications .............
........ .......... ...............................
Extra Work, Protection of Existing Facilities
8 respond in
and Structures..........
Contractor's Staff, Substitutions, Certification of Materials,`
9 sp q'°d
Contractor neglect, Hours of Operation
........... .
Sound Control, Traffic Control, Inquires and Complaints
10 predictable ways
.........
Notification of Locations of Work
11 to pruning and
..........
other
maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and
enhance the beauty, structural integrity, and functional values of trees.
Page 27 of 41
In an effort to promote practices, which encourage the preservation of tree structure and health,
the following policies have been established. These specifications are presented as working
guidelines, recognizing that trees are individually unique in form and structure, and that their
pruning needs may not always fit strict rules.
1.01 OVERVIEW OF SPECIFICATIONS
Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must
be done according to the SAPRF specifications. There are different criteria for pruning
depending on the purpose for the pruning.
a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be
fully pruned.
b. Safety Prune Specifications require less pruning and are used when specific, possibly
hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning
may be recommended in some circumstances instead of a complete prune. Safety pruning
specifications are used for "as needed" pruning as outlined above and address only safety
concerns. Safety pruning includes only the basic requirements and does not include the fine
pruning detail work outlined in a complete prune.
c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line
clearance work and for street tree (PLC) pruning when the tree is pruned between its
periodic complete pruning cycles.
d. Palm Pruning Specifications are used when pruning any type of palm.
All specifications are based on International Society of Arboriculture, National Arborist
Association and American National Standards Institute criteria. This guarantees that SAPRF
trees receive the best possible care.
1.02 GENERAL REQUIREMENTS
The following requirements shall be used during any pruning work to be performed on SAPRF
trees:
a. Proper disposal of all tree debris generated.
b. Assuring good traffic control and minimize disruption of the public.
c. Assuring adequate safety of employees and the public.
GENERAL REQUIREMENTS - continued
Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized
SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571 -4212
Office or 714/231 -6112 cell phone.
1.03 CERTIFIED ARBORIST
25A -32
Page 28 of 41
The Contractor shall employee a full -time, permanently certified arborist, as accredited by the
International Society of Arboriculture. This person is responsible for ensuring that the
Contractor's crews are performing work according to SAPRF specifications.
1.04 SPECIFIC TREE PRUNING SPECIFICATIONS
a. All persons performing tree work on SAPRF trees must be trained according to tree care
standards accepted by the International Society of Arboriculture.
b. All persons performing tree work on SAPRF trees in or around primary electrical lines must
be trained to do so according to the "Electrical Safety Orders" of the State of California,
including all amendments and revisions.
c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal
thickness of at least one third (l /3) of the diameter of the wound so affected. Such cuts shall
be considered proper only when such remaining limb is vigorous enough to maintain
adequate foliage to produce wood growth capable of callusing the pruning cut so affected
within a reasonable amount of time.
d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible
covering of the wound by natural callus growth. Flush cuts, which produce large wounds or
weaken the tree at the cut, shall not be made. The branch collar shall not be removed.
e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other
parts of the tree, or to other plants or property.
f. All tools used on a tree known to contain an infectious tree disease shall be property
disinfected immediately before and after completing work on such tree. All major diseases
and/or pest problems shall be promptly reported to an authorized SAPRF representative.
g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts
with smooth wood surface and secure bark remaining intact. All trees six (6) inches in
diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on
any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to
cambial tissue that may predispose a tree to insect and/or disease problems.
h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in
one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet
beyond the intended final cut. Then the final cut shall be made in a manner to prevent
unnecessary tearing back of the bark and wood. Such cutting back shall not include the
removal of any live, healthy limbs in excess of six (6) inches in diameter without prior
approval from an authorized SAPRF representative.
SPECIFIC TREE PRUNING SPECIFICATIONS — Continued
No more than twenty five (25) percent of the live wood may be removed from the crown of
an y tree, without approval of an authorized SAPRF representative, excepting live oaks,
Page 29 of 41
which are limited to no more than ten (10) percent. Resulting in keeping as much of the
crown of the tree as possible.
j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree
growth shall be removed immediately.
k. Any defective or weakened trees shall be reported to an authorized SAPRF representative.
Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported
in writing, noting the location of the tree by street address and a description of the hazard
found in the tree.
1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except
palms that are more than sixty -five (65) feet in height.
m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and
protected whenever feasible, unless doing so would create a hazard.
1.05 COMPLETE TREE PRUNING SPECIFICATIONS
Complete tree pruning shall consist of the total removal of those dead or living branches as may
threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned
in such a manner as to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter
or larger.
c . Remove all broken or loose branches.
d. Remove any live branches, which interfere with the tree's structural strength, and healthful
development, which will include the following:
1) Branches, which rub and abrade a more important branch.
2) Branches of weak structure, which are not important to the framework of the tree.
3) Branches, which if allowed to grow, would wedge apart the junction of more
important branches.
4) Branches forming multiple leaders in a single leader type tree.
5) Branches near the end of a limb, which will produce more weight or offer more resistance
to wind than the limbs are likely to support.
A -34
Page 30 of 41
6) Selective removal of undesirable sucker and sprout growth paying specific attention not
to nick or damage the sprout "burl".
COMPLETE TREE PRUNING SPECIFICATIONS — Continued
7) Selective removal of one or more developing leaders where multiple branch growth exists
near the end of broken or stubbed limbs. .
8) Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5) feet to a building or other structure should be
removed unless doing so would severely damage a tree.
9) Removal of branches, which project too far outward beyond an otherwise symmetrical
form.
e. Cut back ends of branches and reduce weight where excessive overburden appears likely to
result in breakage of supporting limbs.
f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground
level. Exceptions are allowed for young trees, which would be irreparably damaged by such
Pruning action.
g. Obtain a balanced appearance when viewed from the opposite side of the street immediately
opposite the tree, unless authorized by an SAPRF representative to do otherwise.
h. Remove all vines entwined in trees and on tree hunks. Vine tendrils shall be removed
without injury to said trees.
i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three {3) to
five (5) feet of secondary electrical lines.
j. Clear all branches that interfere with telephone, cable and other utility lines within one (1)
foot of lines, wherever feasible.
1.06 SAFETY TREE PRUNING SPECIFICATIONS
Safety tree pruning shall consist of the total removal of those dead or living branches as may
menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned
in such a manner to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or
more.
c . Remove all broken or loose branches.
Page 31 of 41
d. Removing any live branches, which interfere with the tree's structural strength and healthful
development, will include the following:
- Limbs of weak structure or otherwise hazardous_
SAFETY TREE PRUNING SPECIFICATIONS — Continued
- Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5) feet to a building or other structure should be
removed unless doing so would severely damage a tree.
- Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground
level. Exceptions are allowed for young trees, which would be irreparably damaged by
such pruning action.
1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS
When trees are in the proximity of overhead energized lines and equipment, reliability of service,
safety, and governmental standards require a reasonable amount of tree pruning to avoid
conductor contacts and grounding of circuits through the trees. Power line clearance pruning,
therefore, shall consist of the removal of tree branches for proper electric line clearance in order
to minimize the likelihood of power outages and improve safety.
Specifically, trees shall be pruned in such a manner as to:
a. Clear all branches and foliage within ten (10) feet of primary electrical lines.
b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet.
c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning
Trees Near Electric Utility Lines as a guide.
During the tree pruning process, all safe minimum working distances for energized conductors
shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI
specifications will supersede these requirements when they take effect. Any contact with
energized lines shall be promptly reported to an authorized SAPRF representative.
Access to backyards must be closely coordinated with the property owner, whenever feasible.
Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety
reasons.
1.08 PALM PRUNING SPECIFICATIONS
Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum
(queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary
Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm);
and Washingtonia Robusta (Mexican fan palm) per these specifications.
25A -36
Page 32 of 41
a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond
sheaths shall be removed along the entire length of the palm trunk.
b. The removal of all flowers and fruit parts whether dead or alive.
c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting
palms that are more than sixty -five (65) feet in height.
PALM PRUNING SPECIFICATIONS — Continued
d_ Canary Island date palm (Phoenix Canariensis) franks shall be cleaned of any weed species.
The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple)
appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum
of sixty- (60) inches length below the green fronds. The trunk when pruning operations are
complete shall be left in a clean, unscathed appearance throughout the entire length of the
palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The
handsaw must be cleaned and sterilized before and after pruning each tree.
e. All volunteer palm seedlings must be removed that are growing within the streets, parkways,
or setback dedicated areas.
1.09 UNACCEPTABLE PRUNING
The following procedures, or others that will result in tree decline, are not allowed (storm
damage and other extenuating circumstances exempted):
a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat
racking.
b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the
branch collar and branch bark ridge.
c. Stub cutting where branch removal results in the base of branch removed protruding more
than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark
ridge.
d. Removal of a healthy main leader, for reasons other than power line clearance.
e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF
standards.
1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Should any structure or property be damaged during the tree pruning operations, the persons
conducting the work shall immediately notify the proper owners and an authorized SAPRF
representative. Repairs to property damaged by the responsible party shall be made within forty -
eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on
private property shall be made in accordance with the appropriate building code under permits
issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be
repaired or restored by them at their expense to a condition similar or equal to that existing
before such damage or injury, or they sfiall repair such damage in a manner acceptable to the
Page 33 of 41
City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City
landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as
soon as possible at Contractors expense.
1.11 WORK PERFORMED ON PRIVATE PROPERTY
No SAPRF contracted tree worker shall perform work upon private property without the written
consent of the property owner and an authorized SAPRF representative.
1.12 PUBLIC SAFETY AND COOPERATION
All tree work shall be conducted in a manner as to cause the least possible interference with, or
annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work
areas only under conditions of safety and with as little inconvenience and delay as possible.
Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve
to coordinate safe operations on the ground at all times when work operations are in progress.
a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or
property, such sections shall be secured by ropes and lowered safely to the ground in a
controlled manner.
b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation
field controllers and similar facilities must remain accessible during the course of work.
c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times.
All tree work operations are subject to compliance with all local Noise Restrictions.
Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and
7:00 am. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday).
Emergencies are exempt from any time restrictions.
d. All tree work done to SAPRF trees must comply with all tree related safety requirements as
stated in the safety standards ANSI Z133.1 -1994 of the American National Standards
Institute, Inc. 1430 Broadway, New York, NY 10018.
1.13 SITE CLEANUP
Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly
accomplished. The work area shall be kept safe at all times until all operations are completed.
Under no circumstances shall the accumulation of debris be allowed in such a manner as to result
in a hazard to the public. All debris from tree operations shall be cleaned up each day before the
work crew leaves the site, unless permission is given by an authorized SAPRF representative to
do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean,
and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a
condition equal to or better than that which existed prior to the commencement of tree pruning
operations.
All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of
by the Contractor_ The Contractor shall obtain permits required for this purpose. Disposal
expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on
property only at the direct and specific request of the owner and an authorized SAPRF
representative. Firewood four (4) inches diameter or larger will be left at the work location in a
25A-
Page 34 of 41
safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four
(4) inches of diameter or larger) must be authorized by an SAPRF representative.
1.14 TIME FOR COMPLETION
If awarded this project, the Contractor agrees to complete the work within the time parameters
jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement,
unless specific time deadlines are specified elsewhere in these specifications. Once the work has
commenced, the Contractor shall diligently prosecute the same to completion.
1.15 PAYMENTS-WITHHELD/PENALTIES
Should the Contractor fail to finish the work as agreed upon in these specifications the
Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00)
for each calendar day that the work remains incomplete beyond the dates specified. Any amount
so charged shall be deducted by the SAPRF from any monies which otherwise are or become
payable to the Contractor.
In case all the work called for is not completed in all parts and requirements within the time
specified, the SAPRF shall have the right to grant or deny an extension of time for completion,
as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed
with penalties during the delay in the completion of the work caused be acts of God or of the
Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually
severe weather. The SAPRF representative will ascertain the facts and the extent of the delay,
and their findings thereon shall be final and conclusive.
1.16 SUBCONTRACTORS
Subcontractors used in the performance of this project shall be listed in the Contractors Bid
Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to
perform work of this specialty and hold a valid business permit and certificate of insurance with
the City of Santa Ana Should any subcontractor fail to perform the work undertaken by him to
the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project
upon the request of the SAPRF and shall not again be employed on the project. The Contractor
shall be held liable for the correction of any deficient work.
1.17 ADDITIONS AND /OR DELETIONS OF WORK
The SAPRF representative reserves the right to add and/or delete tree work on this project as
deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be
made at the unit price accepted by SAPRF upon award of contract.
1.18 INSPECTIONS
An authorized SAPRF representative will inspect the work performed by the contractor to insure
completion of the pruning in accordance with SAPRF pruning specifications. Should more than
two (2) inspections be required on trees needing additional work, the contractor will be billed for
SAPRF staff time. 19 AIL_ LING
Contractor shall submit a fully itemized bill listing each tree noting:
a. Address (each tree).
b. Type of tree.
c. Date completed.
d. Person completing the job.
Page 35 of 41
e. Location of tree (front, side right, side left, rear)
This information is vital to maintain the city's computerized tree inventory and management
system.
2.00 CONTRACTOR QUALIFICATIONS
All contractors are required to have a valid appropriate state contractor's license, current City of
Santa Ana business license, City Attorney approved certificate of insurance and be
knowledgeable in tree pruning and tree care prior to the commencement of any and all work.
2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The current edition of the "Green Book ", Standard Specifications for Public Works Construction
and it's updates, supplements and local addendums, shall be included as part of these
specifications, unless otherwise directed in these specifications.
2.02 SPECIFICATIONS INTERPRETATION y City questions
The intent of these specifications is known b the of Santa Ana and SAPRF. Any q
relating to the interpretation of these specifications must be addressed, in writing, prior to the
start of work. The Contractor agrees that interpretations of this contract after the start of work
are at the SAPRF sole discretion, and the Contractor shall abide by all such interpretations.
2.03 EXTRA WORK
In the event the Contractor is required by the City to perform extra work, the following
procedure shall govern such work:
a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted
for approval prior to work being performed. The Contractor shall maintain records sufficient
to distinguish the difference between direct cost and extra work. He shall furnish reports of
extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all
costs for labor, materials and equipment rental. The report shall include hours worked and be
in accordance with the following conditions:
1. Work will be executed under the direction of the SAPRF on a time and material basis
or an agreed lump sum price depending on the nature of the work.
2. The SAPRF representative will issue a work request for such extra work to be
performed.
3. Extra work will not be initiated without written authorization, except in emergency
call -out situations. The SAPRF representative will solely define specific emergency
situations.
4 . Extra work may include, but is not limited to, the following:
a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged
by Contractor.
C
Page 36 of 41
2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any damage
to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and
paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana
and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the
right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within
twenty -four (24) hours of the damage incurred.
If the SAPRF representative requests or directs the Contractor to perform work in a given area, it
Will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility
lines) and take responsibility for taking reasonable precaution when working in these areas.
PROTECTION OF EXISTING FACILITIES AND STRUCTURES — continued
Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to
digging for line locations. Any damage or problems shall be reported immediately to the SAPRF
representative and the City of Santa Ana. If the Contractor discovers something unexpected or a
unique problem occurs, he should stop work and immediately contact an authorized SAPRF
representative for a timely resolution of the problem.
2,05 CONTRACTOR'S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the
specifications set forth herein. A qualified, English speaking supervisor in the employ of the
Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at
all times to the SAPRF representative during work operations. The responsibility for all work
performed will remain with the full -time certified arborist.
The Contractor shall furnish the necessary competent and key personnel to properly supervise
and direct the work of fully equipped, competent and experienced crews as well as all safety
equipment, including but not limited to, all equipment and work procedures required by ANSI
Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary
clerical and office work required In the performance of the contract.
The Contractor shall be responsible for the supervision of all of his crews. He shall check all of
his crews regularly for proper quantity and quality of work, proper maintenance of tools and
equipment, and safety.
2.06 SUBSTITUTIONS
Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
2.07 CERTIFICATION OF MATERIALS
All materials shall be delivered on the site in original containers. Materials shall be subject to
inspection by the ARMD representative. The SAPRF representative will not approve materials
Page 37 of 41
not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at
his/her cost.
2.08 CONTRACTOR NEGLECT private property, which has been determined
Any damage to the City of Santa Ana, SAPRF, or p
to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa
Ana or the SAPRF.
2.09 HOURS OF OPERATION
The Contractor shall perform all work between the hours of 7:00 am. and 4:00 p.m., Monday
through Friday. No work shall be performed on weekends or on City recognized holidays
without written SAPRF approval.
2.10 SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the Standard Specifications for Public
Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of
conflict between the Standard Specifications and this Specification, this Specification shall take
precedence over and be used in lieu of such conflicting portions.
SPECIFICATIONS AND PLANS — continued
Where the plans or specifications describe portions of work in general terms, but not complete
detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and
do all the work involved in executing the contract.
2.11 CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of his equipment and the
protection of the public from injury and damage from such equipment.
2.12 SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the Contract. Each internal combustion
engine used for any purpose on the job or related to the job shall be equipped with a muffler of a
type recommended by the manufacturer of such equipment. No internal combustion engine shall
be operated on the project without said muffler. Full compensation for conforming to the
requirements of this section shall be considered as included in the prices paid for the various
contract items of work involved and no additional compensation will be allowed therefore.
Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not
disturb the general public.
2.13 TRAFFIC CONTROL
The Contractor shall notify the SAPRF representative of intent to begin the contract work at least
five (5) days before work is begun. The Contractor shall cooperate with local authorities relative
to handling traffic through the areas and shall make arrangements relative to keeping the working
area safe and clear of vehicles.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether
empty or loaded, shall in all cases yield to public traffic.' All traffic delineation and -work area
Page 38 of 41
protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000
Edition.
The Contractor shall make every effort to keep commercial driveways open during working
hours. Should this not be possible, Contractor shall coordinate with the property owners affected
to insure that designated times of ingress and egress is available. After working hours, all
driveways shall be accessible with smooth and safe crossings through any construction area
(State of Califomia Traffic Manual).
2.14 INOUDUES AND COMPLAINTS
The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he is most
commonly known. Furthermore, the Contractor shall, at all times, have some responsible
person(s), employed by the Contractor, to take the necessary action regarding all inquiries and
complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens
during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property damage to
the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify
the Contractor cause such action to be taken by the SAPRF work force. All costs of any such
action shall be charged against the Contractor, or the SAPRF may deduct such cost from any
amount due to Contractor from SAPRF.
INQUIRIES AND COMPLAINTS continued
All complaints shall be abated as soon as possible after notification, to the satisfaction of the City
of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the
SAPRF representative shall be notified immediately of the reason for not abating the complaint
followed by a written report to the SAPRF representative within five (5) days. If the complaints
are not abated within the time specified or to the satisfaction of the SAPRF representative , the
SAPRF representative may correct the specific complaint and the total cost incurred by the
SAPRF will be deducted and forfeit from the payments owing to the Contractor from the
SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and
appropriate overhead charges.
2.15 NOTIFICATION OF LOCATIONS OF WORK
The Contractor shall notify the SAPRF representative when the contractor's crews will be
working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell
phone, fax, or by weekly written schedules which specify the entire weeks work locations.
H:iMLOPEZIAGRHEMENTS CONTRACTS do SPEC "jCA7IoNS�SPECWICATI0NSITmce Pruning spec s.doc
Page 39 of 41
EXHIBIT `C'
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Annual Color Planting and Care
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in
the form of nitrified redwood must be incorporated to a dept of 8" of the top soil. The contract
administrator may adjust this if adequate organic matter is already present in the soil but the
successful bidder must be prepared to incorporate this organic matter at every color rotation.
Organic matter must comprise 25% of the soil volume where the roots will be. This requires
2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a
complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher
rate of nitrogen as this may result in excessive vegetative growth and a suppression of
flowering. After establishment, fertilize as necessary to maintain a robust appearance and
maximum flowering. After incorporating organic material and other supplements, the beds
must be raked smooth and slightly mounded. Sticks clods and other material must be
removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the
surrounding soil. Begin planning in the center of the bed and keep traffic in the worked soil to
a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth
or slightly higher than it was growing in the container. Smooth out the soil around the plants
after planting, including footprints. Water in the plants to a depth of 5 inches immediately after
planning for 4" plant material (deeper for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a
consistent basis. There must be no dead or missing plants at any time and the beds must be
kept in a weed free condition. Plants will be 4" pots and will be planted in an 8" triangular
spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species
that may be planted at different times of the year may include but not be limited to the following
annual bedding plants:
• Spring /Summer —April through October 1
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia,
Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle)
Zinnias, Marigolds
• Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus
Page 40 of 41
Vandalism
Contractor shall check annual color beds weekly. If plants are missing or vandalized,
the Contractor shall provide the Citys representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the
Contractor shall then replant/replace missing/damaged plants within 48 hours.
The City's contract administrator shall be the sole judge of w-
hether the above
specifications are met. The contract administrator shall also approve the types and
combinations of color bedding plants prior to installation.
Page 41 of 41
EXHIBIT 'D'
FULLERTON COLLEGE HORTICULTURE DEPARTMENT
CERTIFICATE OF PROFICIENCY
IN
LANDSCAPE IRRIGATION
The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of
required courses, at least 6 units of Restricted Electives A and at least 6 units from either
Restricted Electives A or Restricted Electives B.
REQUIRED COURSES
Architectural Drafting
Course #
Course Name
Units
153
Landscape Irrigation
3
154
Irrigation Design
3
155
Soils
3
157
Irrigation Principles
3
162
Landscaping for dry Climates
3
218
Landscape Hydraulics
3
RESTRICTED ELECTIVES A
Course # Course Name Units
A100
Architectural Drafting
3
C06
Intro to Residential
2
Elec. &Plumbing sys.
CG101
Computer Graphics
3
Or100
177
Turfgrass Mgmnt.
3
200
Landscape Design
3
219
CAD Applic. in Hort.
3
poadmlm4ezflandscape maintenance contract
RESTRICTED ELECTIVES B
Course # Course Name Units
165 Landscape Management 4
168 Landscape Construction 3
169L Landscape Construction Lab 1
170 Landscape Contracting 3
201 Advanced Landscape Design 3
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
AGREEMENT AMENDMENT WITH
HYDROBLAST FOR PAVEMENT
CLEANING SERVICES AT THE CIVIC
CENTER
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 11" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Hydroblast for the provision of pavement cleaning services in the Civic Center
in the amount of $43,370 for a six month term, subject to non - substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency ( PRCSA) is responsible for pavement
cleaning in the Civic Center. PRCSA has contracted with Hydroblast for providing pressure
washing services in the downtown Civic Center since 2007. Hydroblast will maintain the high
traffic hardscape areas within the Civic Center Authority boundaries, including but not limited to
sidewalks, building entranceways, and the East Mall area. Hydroblast will remove stains, spills
and other debris to provide a clean well maintained hardscape appearance in the Civic Center.
The base amendment amount is $33,505. A $5,565 contingency and a one -time Stadium
cleaning cost of $4,300 is included, for a total not to exceed amendment amount of $43,370.
The term of this amendment will run from July 1, 2012 through December 31, 2012. During this
six month term, PRCSA staff will complete the RFP process for selecting the pressure washing
service provider for the next five years.
FISCAL IMPACT
Funds are available in the Civic Center M &R Buildings and Grounds account (no. 07413250
62320).
k I-
'/ ee -.� V45� *44f�
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez, /�
Executive Director D
Finance and Management Services Agency
25B -1
G
I
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 17`x' day of September,
2012, by and between Hydroblast Exterior Cleaning Company, LLC ( "Contractor ") and the City of
Santa Ana ( "City ").
RECITALS:
A. The parties entered into Agreement #A- 2007 -111 dated May 7, 2007, (hereinafter "said
Agreement ") by which Contractor has provided pavement cleaning services.
B. Said Agreement has been amended from time to time to exercise options to extend the term, and to
add compensation to pay for services during the extended term.
C. The City wishes to amend the scope of services, increase compensation, and extend the term for an
additional six -month period upon the terms set forth below.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, as previously amended, the parties agree as follows:
Section 1, SCOPE OF SERVICES, shall be amended to provide that in addition to providing
pavement cleaning services in the Civic Center area, Contractor will perform a one -time pressure
washing ofthe Santa Ana Stadium bleacher area and walkways (all walkways and isles). All
services shall comply with the specifications set forth in Exhibit A, attached hereto and
incorporated by this reference. The City may request additional services through a writing
executed by the Executive Director of Parks, Recreation and Community Services.
2. Section 2, COMPENSATION, is amended to increase compensation as follows:
• $33,505.00 to pay for Civic Center Cleaning during the extended term
• $4,300.00 for one -time stadium cleaning
• $5,565.00 contingency for unanticipated services.
The total amount expended pursuant to this Fifth Amendment shall not exceed $43,370, during the
extended term. In order to provide continuous uninterrupted service, all services provided by
Contractor since July 1, 2012 shall be included within the Scope of Services of this Agreement.
Section 3, TERM, is amended to provide that in order to provide continuous services while the
City coompletes the competitive bid process, the term of this agreement shall be extended for an
additional six -month period through December 31, 2012.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full
force and effect.
///
///
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement on
the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Laura Sheedy
Assistant City Attorney
25B -4
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
HYDROBLAST EXTERIOR
CLEANING COMPANY, LLC
RODNEY WARD
President
EXHIBIT A
CITY OF SANTA ANA CIVIC CENTER
PAVEMENT CLEANING SERVICES SPECIFICATIONS
1. Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials,
equipment, transportation and supervision, except as specified herein, to manage and perform
the pavement cleaning services as set forth herein.
Completion Criteria:
1.1 All hardscape areas shall be cleaned (which may include high pressure washing),
including but not limited to sidewalks, walkways, patios, boardwalks, quads,
esplanades, terrazzo reflection pool north of the Orange County Courthouse, concrete
drive entrance to the Main Library, Plaza of the Sun.
1.2 Hardscape areas shall be cleaned 100% free of all dirt, stains, gum, oil, tar, and
residue to present a high quality appearance following each scheduled visit.
1.3 Accumulated water remaining after the cleaning shall be removed completely so no
puddling exists.
1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated.
1.5 The Contractor shall clean all areas up to the entrance doors of each building. This
includes, but is not limited to, steps, handicap ramps, side entrances, etc.
1.6 The Contractor shall also meet the criteria for cleaning as specified below.
2. Contaminated Water:
2.1 Only uncontaminated portable water may flow into surface drains. No cleaning
agents or water contaminated from petroleum waste or any other hazardous waste may
be allowed to flow into the surface drains. Contractor shall comply with all NPDES
requirements regarding the containment of discharge into the storm drain system.
3. Frequency of Service
3.1 All areas covered by this contract shall be thoroughly cleaned a minimum of one (1)
time per month. Exceptions to this are noted below:
3.1.1 Orange County Courthouse and Civil Courthouse grounds shall be cleaned one
(1) time per week.
3.1.2 Orange County Hall of Administration grounds and the East Mall shall be
cleaned one (1) time per week.
3.1.3 Santa Ana City Hall grounds and patios shall be cleaned one (1) time every
two weeks.
3.1.4 Civic Center Authority Area Mall East of Ross Street shall be cleaned one (1)
time per week.
3.1.5 City Hall entrance from Ross Street and Santa Ana Library Entrance shall be
cleaned every two w16B -5
3.2 Specified hardscapes shall be thoroughly cleaned between the hours of 6:00 PM and
7:00 AM
4. Operating Criteria
4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food,
cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken
glass, and other materials, substances, and contaminants shall be removed from
hardscapes (i.e. sidewalks, walkways, patio, boardwalks, quads, esplanades) prior to
cleaning operations.
4.2 The removal of materials, substances, and contaminants prior to cleaning operations
may require the use of scrub brushes, sponges, mops, or other tools or utensils. All
cleaning agents or residuals thereof, used in this process must be completely removed
prior to beginning cleaning operations.
4.3 During regular cleaning operations, the contractor may use high pressure, low -
volume washers, and steam cleaners as necessary to thoroughly clean surfaces.
Contractor is not expected to steam clean all surfaces during regular cleaning
operations, but shall use a steam cleaner to clean sections of hardscapes when pressure
washers are not sufficient to thoroughly wash surface.
4.4 Hardscapes shall receive a thorough cleaning according to approved Contractor's
schedule.
4.5 At the beginning of cleaning operations, the Contractor shall strategically place
approved signage at appropriate locations to identify to patrons that cleaning is taking
place and that the walkways may be slippery. At all times Contractor shall safe guard
the public from conditions made unsafe by the Contractor's operations.
4.6 During cleaning operations should the Contractor notice a hazardous condition he
shall make the area safe by barricading the area and notifying the Executive Director's
representative immediately. It shall be the City's responsibility to remedy the unsafe
condition unless the Contractor created the condition.
4.7 In the event of hazards originating after or between cleaning frequencies, the
Contractor may be requested to respond to the site and remove the hazard. Such
requests shall be paid under Additional Work.
4.8 The nozzle pressure of equipment shall not be so great so as to dislodge tile /paver
grout or cause damage to hardscapes.
4.9 If the nozzle pressure of equipment used to loosen and clean hardscapes is
insufficient to thoroughly wash the surface, scrub brushes and cleaners may be require
to remove the materials and produce a thoroughly clean surface.
4.10 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be
Allowed to remain.
4.11 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand -
dried immediately after the conclusion of the operation in the immediate area.
4.12 Immediately following the cleaning of the hardscape areas, all materials generated by
the operation shall be collected and placed in Contractor's trash containers or
otherwise removed from the si ffl-6
4.13 All areas barricaded while drying shall be opened by Contractor and made
available for use when the area(s) are completely dry.
5. Personnel
5.1 Project Foreman. Unless the Contractor is available as required herein, the
Contractor shall provide a Project Foreman to be available during the normal hours of
operation to act with full authority for the Contractor. This individual shall be
responsible for the supervision, overall administration, and coordination of all
required services. The Contractor shall provide the name(s) and telephone(s) of the
Project Foreman(s) within two weeks after contract award date. The Contractor shall
provide written notice to the Director in advance of any change of the Project
Foreman. The Project Foreman shall be able to understand, speak, read, and write the
English language as is necessary for the fulfillment of the terms of the Agreement.
The Project Foreman shall return all calls from the Director within two hours.
5.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate
Project Foreman to act for the Project Foreman with the same authority during
absences of the Project Foreman (e.g., vacation and sick leave). The Contractor
shall provide the name(s) and telephone number(s) of the Alternate Project
Foreman(s) within two weeks after contract award date. The Contractor shall
provide written notice to the Director in advance of any change of Alternate Project
Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and
write the English language as is necessary for the fulfillment of the terms of the
Agreement.
5.3 Other Personnel Requirements
5.3.1 Legal Residents. The Contractor shall provide only those personnel who are legally
entitled to work in the United States to accomplish work and services specified herein.
5.3.2 English Comprehension. All Contractor personnel working on the project shall read
and understand the English language to the extent necessary to read and understand
operation, safety, health, and security regulations relating to the performance of this
Agreement, including the following:
a. Any necessary instructions concerning equipment to the extent that
performing the employee's duties requires the employee to operate, maintain,
repair, or in some way interact with the equipment.
b. Any regulations, directives, or policies that he must know in order to
accomplish the work on the project as a Contractor employee.
5.4 Contractor Employee Skills Required. The Contractor's employees performing the
services required by this Agreement shall have specialized training, prior work
experience, or the demonstrated technical skills to fulfill the specific requirements of
these Specifications and the Agreement.
5.5 Employee Physical Capabilities. There shall be no discrimination against employees
on the basis of handicap or other physically disabling conditions. Contractor shall
obey all State and Federal laws concerning the disabled.
5.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible
for maintaining satisfactory standards of employee competency and conduct and for
taking disciplinary action agaj sIlyseniuloyees as necessary. No Contractor
employee under the influence of alcohol, drugs, or any other incapacitating agent shall
be allowed on the jobsite. The removal from the job site of a Contractor employee
shall not relieve the Contractor of the requirement to provide sufficient personnel to
perform the work specified in the contract.
5.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and
free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or
graphics other than company identification patches. All uniforms should identify the
name of the Contractor. Uniforms shall be clearly distinguishable from City
employee uniforms.
5.8 Director's Authority. The Director is the only person authorized to direct changes in
any of the requirements under the Agreement and, not withstanding any provisions
contained elsewhere in the Agreement, and said authority remains solely in the
Director. In the event that the Contractor effects any such changes at the direction of
any person other than the Director, the changes will be considered to have been made
without authority and solely at the risk of the Contractor. In addition, the Cirector
shall have the authority to accept /reject materials, workmanship and to make minor
changes in work or schedule, not involving extra cost. When the performance of the
work or completion per schedule is determined to be sub - standard, he may (1)
recommend that all or a portion of payment be withheld, and /or forfeiture for delay be
assessed; and /or (2) direct the work be accomplished by either City forces or separate
contractor, in order to complete the necessary work as close to schedule as possible,
and withhold the resulting costs. Payment to be withheld shall be deducted from the
next monthly payment due the Contractor, or if the amount is insufficient to cover
payment, the Contractor shall be liable for said deficiency and will be billed
accordingly. The Director, or his authorized representative shall decide all questions,
which may arise as to the manner of performance and completion per schedule,
acceptable fulfillment of the Agreement by the Contractor, interpretation of the
specifications, and compensation, including completion of work by alternate sources.
5.9 Vehicle Passes. The Contractor personnel shall obtain vehicle passes from the
County of Orange Parking Administrator, Public Facilities & Resources Department.
5.10 Security of Contractor Owned Property. The Contractor shall be responsible for the
security of Contractor Owned Property.
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
EMPLOYMENT AGREEMENT FOR CLERK
OF THE COUNCIL
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1' Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct and authorize the Mayor and the Clerk of the Council to execute the agreement outlining the terms
and conditions of the continued appointment of Maria Huizar as the Clerk of the Council for the City of
Santa Ana.
DISCUSSION
The City Charter Section 701 authorizes the City Council to appoint a Clerk of the Council. The Clerk of
the Council is responsible for providing information and maintaining official City records, preparing City
Council documents, postings and agendas, ensuring compliance with the Brown Act and Political Reform
Act in accordance with all applicable federal, state and local laws, and for conducting municipal elections.
In July of 2009, the City Council adopted Resolution 2009 -038 appointing Maria Huizar to the position of
Clerk of the Council. In an effort to be consistent with the recently approved employment contract with the
City Manager, staff seeks City Council approval of an Employment Agreement delineating the terms and
conditions of Ms. Huizar's continued appointment to the position.
The proposed Employment Agreement prepared by the City Attorney's office, a copy of which is attached
as Exhibit A, reiterates the following terms and includes new provisions:
• The City Council shall review and discuss Clerk of the Council's annual performance in or around
July of each year commencing in 2013.
• City agrees that Clerk of the Council will be eligible for the same upward salary adjustments
provided to Executive Management and as approved by the City Council.
• This Agreement shall be deemed effective for a term beginning on August 17, 2009, and shall
remain in effect, unless terminated earlier in accordance with the provisions of the Agreement.
25C -1
Agreement with Clerk of the Council, Maria Huizar
September 17, 2012
Page 2
• City agrees to pay Clerk of the Council a base salary, commencing on the Effective Date, set at
Step 10 of EM -28, currently $10,596 per month, and thereafter adjusted upward three steps
annually upon approval of the City Council until top step reached.
• Clerk of the Council will receive all such other benefits that are applicable to executive managers
of the City as may be modified after the date of this Agreement.
• Clerk of the Council shall receive as additional compensation deferred compensation as allowed
by Government Code Section 53214 in the maximum annual amount permitted pursuant to
Section 457 of the Internal Revenue Code.
• City shall provide Clerk of the Council with the same car allowance accorded to unrepresented
executive management employees of the City, currently $500 per month.
• Clerk of the Council serves at the will and pleasure of the City Council. As required in Section 701
of the Charter, the City Council may remove the Clerk of the Council by motion adopted by the
affirmative votes of at least two - thirds (2/3) of the members of the City Council.
• In the event this Agreement is terminated pursuant to any one of sections 9.2, 9.3 or 9.4 of this
Agreement, the Clerk of the Council shall receive a severance payment, in a lump sum, equal to
six (6) months of the Clerk of the Council's total monthly PERS reportable income, plus the value
of all City provided pension and medical benefits payable on the last day of employment.
The above provides a summary of the primary provisions of the Employment Agreement for the Clerk of
the Council. A complete description is available in the Clerk of the Council Employment Agreement and
Exhibit "A" Waiver and Release.
FISCAL IMPACT
Funds are available in the affected departmental account (No. 011 - 01107031).
ward S. Raya
Executive Director
Personnel Services Department
APPROVED AS TO FUNDS AND ACCOUNTS
"�nosS h � t �
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25C -2
CITY OF SANTA ANA
CLERK OF THE COUNCIL EMPLOYMENT AGREEMENT
This Clerk of the Council Employment Agreement ( "Agreement ") is entered into
as of the 17th day of September, 2012 (the "Effective Date "), between the City of Santa Ana
(hereinafter referred to as the "City ") and Maria D. Huizar (hereinafter referred to as the "Clerk
of the Council" or the "Employee "). City and Clerk of the Council /Employee are sometimes
referred to in this Agreement as "Party" and collectively as "Parties."
RECITALS
WHEREAS, on July 20, 2009 the City Council of the City appointed and
employed Employee as Clerk of the Council pursuant to the Charter of the City of Santa Ana
( "City Charter "), and
WHEREAS, the appointment and terms of employment are set forth in Resolution
No. 2009 -038, and
WHEREAS, it is the desire of the City Council and Employee to set forth certain
benefits, establish certain conditions of employment and to set certain working conditions of the
Clerk of the Council in an Employment Agreement rather than a Resolution.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows:
1. Term.
This Agreement shall be deemed effective for a term beginning on August 17,
2009 , and shall remain in effect, unless terminated earlier in accordance with the provisions of
this Agreement. The term reflected herein reflects Employee's appointment and all terms of
employment as set forth in Resolution No. 2009 -038.
2. Compensation.
2.1 Salary
City agrees to pay Clerk of the Council, and Clerk of the Council agrees to accept
from City, as compensation for services rendered by Clerk of the Council pursuant to this
Agreement, an annual base salary, commencing on the Effective Date, set at Step 10 of EM -28
and thereafter adjusted upward annually three (3) steps on the first day of the first pay period
following the anniversary of the incumbent's appointment until the top step is achieved, unless a
45635.01000 \7118043.4
25C -3
lesser number of steps (not less than one) are approved by the City Council upon a performance
evaluation conducted in accordance with Chapter 705 of the City Charter as as specified in
Resolution No. 2009 -038 and payable in installment payments in the same manner and at the
same times as salaries of other executive managers of the City are paid.
Commencing on August 18, 2013 and each year thereafter, employee shall be
entitled to receive any upward salary adjustment received by the executive management of the
City and as approved by the City Council.
The term "Annual Base Salary" as used in this Agreement shall also include any
such adjustments approved by the City Council other than payments not eligible to be added to
the Clerk of the Council's Annual Base Salary pursuant to the terms of any applicable salary
resolution of City. The term "Monthly Base Salary" as used in this Agreement shall mean a sum
of money equal to one - twelfth (1/12) of Clerk of the Council's Annual Base Salary as defined
herein.
2.2 Benefits
In addition, and except as otherwise specified herein, Clerk of the Council shall
receive all such other benefits that are applicable to executive managers of the City as of the
Effective Date of this Agreement, as the same may be modified from time to time after the date
of this Agreement, including but not limited to medical insurance, long term disability insurance,
life insurance, sick leave, holidays, vacation, bereavement and family illness leave, and
participation in retirement system. The Clerk of the Council is entitled to accrue all unused
leave, without limit, and in the event the Clerk of the Council's employment is terminated, either
voluntarily or involuntarily, the Clerk of the Council shall be compensated for all accrued
vacation time, all paid holidays, all executive leave and all other benefits to the termination date.
For purposes of continuing participation in the City's retiree medical health subsidy program, the
Clerk of the Council shall receive the same benefit as other City executive managers.
The Clerk of the Council shall accrue vacation at a rate as though her date of
appointment with the City of Santa Ana was April 6, 1998. The Clerk of the Council shall be
entitled to unlimited accumulation of unused vacation. Additionally, upon leaving employment
with the City said Clerk of the Council shall be able to convert unused sick leave as though her
date of appointment was April 6, 1998,
2.2.1 Deferred Compensation
Clerk of the Council shall receive as additional compensation deferred compensation as allowed
by Government Code Section 53214 in the maximum annual amount permitted pursuant to
Section 457 of the Internal Revenue Code at the time of adoption of Resolution No. 2009 -038 ,
excluding any permitted catch up contribution. Said deferred compensation shall appear as part
of the Clerk of the Council's bi- monthly compensation payment.
45635.01000 \7118043.4 2
25C -4
3. Performance Evaluation.
The Mayor and the City Council are responsible for setting performance goals on
an annual basis in consultation with the Clerk of the Council. The City Council shall review and
discuss Clerk of the Council's performance in or around July of each year commencing in 2013.
However, Employee acknowledges and accepts the fact that the City Council as Employer has
the right to schedule and an evaluation session at any time in accordance with the notice and all
other requirements of the Brown Act.
4. Bonds.
City shall bear the full cost of any fidelity or other bonds required of Clerk of the
Council under any law or ordinance.
5. Transportation and General Business Expenses.
5.1 Car Allowance
City shall provide Clerk of the Council with the same car allowance as
unrepresented executive management employees of the City.
5.2 General Business Expenses
A. City agrees to budget and pay for professional dues and subscriptions for
Clerk of the Council necessary for her continuation and participation in national, regional, state
and local boards, task - forces, conferences and meetings, associations and organizations desirable
for Clerk of the Council's continued participation, professional growth, and advancement, and
for the benefit of the City.
B. City agrees to budget and pay for travel and subsistence expenses of Clerk
of the Council for professional and official travel, board and task -force meetings, and occasions
to adequately continue the professional development of Clerk of the Council and to pursue
necessary official functions for City.
C. City shall provide Clerk of the Council with the necessary technology
tools, including and not limited to computer, software, cell phone and such other technologies as
required by Clerk of the Council to perform her duties and to maintain communications.
6. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, which
became effective on January 1, 2012, if Clerk of the Council is convicted of a crime involving an
abuse of her office or position, all of the following shall apply: (1) if Clerk of the Council is
45635.01000 \7118043.4 3
25C -5
provided with administrative leave pay pending an investigation, Clerk of the Council shall be
required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense
of Clerk of the Council (which would be in its sole discretion, as it is generally not obligated to
pay for a criminal defense), Clerk of the Council shall be required to fully reimburse City such
amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance
Benefits related to the termination that Clerk of the Council may receive from City shall be fully
reimbursed to City or void if not yet paid to Clerk of the Council. For purposes of this Section,
abuse of office or position means either: (1) an abuse of public authority, including waste, fraud,
and violation of the law under color of authority; or (2) a crime against public justice, including,
but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the
Penal Code.
7. Notices.
Any notice required or permitted by this Agreement shall be in writing and shall
be personally served upon the other Party, or sent by United States Postal Service, postage
prepaid and addressed to the appropriate Party as follows:
If to City: City Attorney
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
If to Clerk of the Council: Maria D. Huizar
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Notice shall be deemed given as of the date of personal service or upon the date of
deposit in the course of transmission with the United States Postal Service.
8. Duties, Acceptance of Appointment, Hours of Work, Regional
Liaison.
8.1 Duties
City hereby agrees to employ Employee as Clerk of the Council of the City of
Santa Ana to perform the functions and duties specified in the City Charter of the City of Santa
Ana, and to perform such other legally permissible duties and functions as the City Council may
from time to time assign.
45635.01000 \7118043.4 4
25C -6
8.2 Hours of Work
It is recognized that Clerk of the Council devotes a great deal of time outside the
normal City Hall office -hours schedule, and to that end, he shall be allowed to establish her work
schedule, taking into consideration that she is responsible for the supervision of employees and
has responsibilities to serve all departments of the City.
9. Termination.
9.1 At -Will Employee
Employee shall serve at the will and pleasure of the City Council. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of the City Council to
suspend from duty, remove from office or otherwise terminate the services of Clerk of the
Council at any time, at the sole discretion of the City Council, as provided in the City Charter.
This Agreement may be terminated as follows.
9.2 Termination - Council Vote
As required in Section 701 of the Charter, the City Council may remove the Clerk
of the Council by motion adopted by the affirmative votes of at least two- thirds (2/3) of the
members of the City Council.
9.3 Termination - Change in Form of Government
If any of the governing policies pertaining to the role, power, duties, authority, or
responsibilities of the Clerk of the Council are amended to substantially change the Clerk's role,
power, duties, authority or responsibilities as the same exist at the time of the commencement of
this Agreement, , either by action of the City Council, a duly passed initiative measure or state
legislation, Clerk of the Council shall have the right to terminate this Agreement.
9.4 Reduction of Salary or Benefits
If the City Council reduces the Annual Base Salary or any other financial benefit
of the Clerk of the Council in a percentage that is greater than the average reduction of base
salary or any other financial benefit for all executive managers of the City, the Clerk of the
Council may treat such action as a termination of this Agreement.
9.5 Resignation
Clerk of the Council may voluntarily resign her position as Clerk of the Council,
after giving City at least sixty (60) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the City Council. In the event the
Clerk of the Council resigns from her employment with City, the Clerk of the Council shall not
be entitled to any Severance Pay.
45635.01000 \7118043.4 5
25C -7
9.6 Severance Pay
In the event this Agreement is terminated pursuant to any one of sections 9.2, 9.3
or 9.4 of this Agreement, the Clerk of the Council shall receive a severance payment, in a lump
sum, equal to six (6) months of the Clerk of the Council's then monthly PERS reportable
income, plus the value of all City provided pension and medical benefits. Said lump sum shall
be payable on the last day of employee's employment. In lieu of receiving the cash equivalent
of medical insurance benefits, Clerk of the Council may elect continuing medical insurance
benefits from the City for a period of six months from and after the last day of employment.
This Severance Pay payment shall be the sole remedy for termination under sections 9.2, 9.3 or
9.4 of this Agreement. The Severance Pay shall only be paid after the Clerk of the Council
executes a waiver and release of claims agreement prepared by the City Attomey in a form
substantially similar to that one set forth as Exhibit "A" to this Agreement.
Notwithstanding the foregoing, if the Clerk of the Council is terminated for
Cause, then Clerk of the Council shall not receive any form of severance and the provisions of
Section 9.6 shall not apply.
10. General Provisions.
10.1 This writing constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior oral or written representations or
written agreements on the subject matter hereof, which may have been entered into between the
parties. No modification or revision to this Agreement shall be of any force or effect, unless the
same is in writing and executed by the Parties hereto.
10.2 Each Party agrees and acknowledges that no representations, inducements,
promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on
behalf of any Party, which are not embodied herein and that any agreement, statement, or
promise not contained in this Agreement shall not be valid or binding on either Party.
10.3 If any provision, or portion thereof, contained in the Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected and shall remain in full force and effect.
10.4 This Agreement shall be governed by and construed in accordance with
the law of the State of California.
10.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the Party receiving a benefit nor against the Party
responsible for any particular language in this Agreement.
10.6 Employee acknowledges that she has had an opportunity to consult legal
counsel in regard to this Agreement, that she has read and understands this Agreement, that she
45635.01000 \7118043.4 6
25C -8
is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based
on her own judgment and not on any representations or promises other than those contained in
this Agreement.
11. Communications in the Event of Termination
11.1 In the event the City terminates Employee for any reason or no
reason, the City and Employee agree that no member of the City Council shall make any
written, oral, or electronic statement to any member of the public, the press, or any city
employee concerning the basis for the Employee's termination except in the form of a joint
press release or statement, which is mutually agreeable to the City and the Employee. The
joint press release or statement shall not contain any text or information that is disparaging to
either Party. Either Party may verbally repeat the substance of the joint press release or
statement in response to any inquiry.
12. Indemnification
12.1 City shall defend, hold harmless and indemnify Clerk of the Council
against any tort, professional liability claim or demand or other legal action, whether groundless
or otherwise, arising out of any alleged act or omission by the Clerk occurring in the course and
scope of Clerk of the Council's duties or resulting from the exercise of her judgment or
discretion in connection with the performance of her duties, unless the act or omission involved
unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City's
expense. Legal representation, provided by City for Clerk of the Council, shall extend until a
final determination of the legal action. Indemnification shall include any and all losses,
damages, judgments, interests, settlements, fines, court costs, and the reasonable costs and
expenses of legal proceedings, including appeals, and including attorneys' fees, and expert
witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon,
or suffered by such Clerk of the Council in connection with or resulting from any claim, action,
suit, or proceeding, actual or threatened, arising out of or in connection with the performance of
Clerk of the Council's duties.
12.2 City agrees to pay all reasonable litigation expenses of Clerk of the
Council throughout pendency of any City - related litigation to which Clerk of the Council is a
party, witness or advisor to the City. Such expense payments shall continue beyond Clerk of the
Council's employment with the City as long as litigation is pending. Post - employment, City
agrees to pay Clerk of the Council for reasonable consulting fees, travel expenses and other
costs, when Clerk of the Council serves as a witness, advisor or consultant to City regarding
pending litigation.
[SIGNATURES ON FOLLOWING PAGE]
45635.01000 \7118043.4 7
25C -9
IN WITNESS WHEREOF, the Parties have executed this Clerk of the Council
Employment Agreement as of the day of September, 2012.
EMPLOYEE /CLERK OF THE COUNCIL
Maria D. Huizar
CITY OF SANTA ANA
Approved as to Form:
Miguel A. Pulido Sonia R. Carvalho, Best Best & Krieger
Mayor City Attorney
ATTEST:
4563 5.01000 \71 18043.4
25C -10
Exhibit "A"
WAIVER AND RELEASE
I, the undersigned, do hereby acknowledge and attest that I have read and understood
section 9.6 of my Employment Agreement with the City of Santa Ana and hereby agree that by
accepting either six (6) months Severance Pay in the amount of $ [6 x current monthly
compensation], , I agree to waive all rights to further claims, remedies, or legal action against the
City, its officers and employees.
In exchange for receipt of the Severance Payment, I and my representatives, heirs,
successors, and assigns do hereby completely release and forever discharge the City of Santa
Ana and its related entities and their present and former officers, directors, council members,
agents, employees, attorneys, and successors (collectively, "Released Parties ") from all claims,
rights, demands, actions, obligations, liabilities, and causes of action of every kind and character,
known or unknown, mature or unmatured, which I may have now or in the future arising from
any act or omission or condition occurring on or prior to the date this waiver is signed whether
based on tort, contract (express or implied), or any federal, state, or local law, statute, or
regulation (collectively, the "Released Claims "). Released Claims shall also include, but not be
limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave,
vacation pay, life or health insurance, or any other fringe benefit.
Employee knowingly and voluntarily waives any and all rights or benefits that he may
now have, or in the future may have, under the terms of Section 1542 of the California Civil
Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
By initialing below, the Employee acknowledges that he or she has read and
understands this waiver and voluntarily and knowingly is waiving his right under
Section 1542 to pursue unknown or unanticipated claims, rights, demands,
actions, obligations, liabilities and causes of action of any kind.
Initials of Employee
45635.01000 \7118043.4 9
25C -11
Employee shall not file any claim, sue or initiate, against any Released Party, any
compliance review, action, or proceeding, or participate in the same, individually or as a member
of a class, under any contract (express or implied), or any federal, state, or local law, statute, or
regulation pertaining in any manner to the Released Claims.
Approved and Agreed to By:
55394.00002 \7406419.1 10
25C -12
,%%W
jwf: 07/09/09
RESOLUTION NO. 2009 -038
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPOINTING MARIA D.
HUIZAR AS CLERK OF THE COUNCIL AND
ESTABLISHING THE COMPENSATION FOR SAID
OFFICIAL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA:
1. That Maria D. Huizar is hereby appointed to the office of Clerk of the Council
for the City of Santa Ana. The appointment shall be effective August 17,
2009.
2. That the salary rate for the office of Clerk of the Council for the City of Santa
Ana shall remain fixed and established at EM -28 in accordance with the City
of Santa Ana Schedule of Salary Ranges for unrepresented Executive
Classes effective as of the date of this Resolution. The salary shall be paid
in the same manner and at the same times as other monthly salaries of the
City are paid.
3. That the beginning salary for the official shall be set at Step 10 of EM -28.
The salary step shall thereafter be adjusted upward annually three (3) steps
on the first day of the first pay period following the anniversary of the
incumbent's appointment until the top step is achieved, unless a lesser
number of steps (not less than one) are approved by the City Council upon a
performance evaluation conducted in accordance with Chapter 705 of the
City Charter.
4. In addition to the salary hereinabove fixed and established for said Office,
said officer shall receive, as additional compensation, the following
employee benefits:
a) Retirement. The terms of the existing contract between the City and
the California Public Employees' Retirement System (CaIPERS)
governing the retirement benefits for affected employees, as
amended, are incorporated herein by reference, and the City shall
continue to make contributions to CalPERS in accordance with said
contract for said officer at the same rate the City provides for
Executive Management.
b) Deferred Compensation. Said officer shall receive as additional
compensation deducted from her salary pursuant to Government
25C -13
Resolution. No. 2009 -038
Page 1 of 4
Code Section 53214, deferred compensation in the maximum annual
amount permitted pursuant to Section 457 of the Internal Revenue �+
Code at the time of adoption of this resolution, excluding any
permitted catch up contribution.
c) Health and Dental Insurance. Said officer shall be entitled to receive
the same health, dental and similar benefits, upon the same terms
and conditions, as provided for Executive Management.
d) Disability Insurance, The City shall pay the full premium for a long-
term disability insurance plan for said officer as provided for Executive
Management.
e) Life Insurance. The City shall provide the same life insurance
coverage for said officer, upon the same terms and conditions as
provided for Executive Management.
f) Holidays. Said officer shall receive the same holidays, upon the
same terms and conditions, as provided for Executive Management.
g) Vacation. Said officer shall receive the same vacation benefits,
including vacation pay option as for Executive Management. The
officer shall accrue vacation at a rate as though her date of
appointment with the City of Santa Ana was April 6, 1998. .n+r
Additionally, said officer shall be entitled to unlimited accumulation of
unused vacation.
h) Sick Leave Credit. Said officer shall receive a credit of 400 hours to
her sick leave bank in consideration of the sick leave hours she
accumulated in her prior position. Additionally, upon leaving
employment with the City, said officer shall be able to convert unused
sick leave as though her date of appointment was April 6, 1998.
i) Other Benefits. In addition to the benefits specified in subparagraphs
(a) through (h) above, said officer shall receive any and all employee
benefits accorded unrepresented executive management employees
of the City who are miscellaneous members of CalPERS , including
automobile allowance, except said officer shall not qualify for the
management Performance -Based Salary Adjustments.
j) Severance Pay. In the event said officer is terminated from
employment by action of the City Council, said officer shall receive as
severance benefits six months of full salary, including retirement and
medical benefits, payable on the last day of employment. In lieu of
receiving the cash equivalent of six months of medical insurance
benefits, the terminated officer my elect continuing medical insurance vo
Resolution. No. 2009 -038
Page 2 of 4
25C -14
benefits from the City for a period of six months from and after the
1%W last day of employment. In the event the City Council reduces the
base salary, compensation or other financial benefits of said officer,
other than in conjunction with a commensurate across - the -board
reduction for all Executive Management employees, such action shall
be deemed to be a termination, at the option of the officer, triggering
the severance pay benefit.
5. The City shall indemnify, defend and hold harmless the officer against any
tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission of the
officer in the performance of her duties. The City may compromise and
settle any such claim or suit and pay the amount of any settlement or
judgment resulting therefrom.
r..
ADOPTED this 20th day of Jam, 2009.
OLL " �.e,1 "�'
Miguel A. Pulido
Mayor
APP S TO FOR
Jas etcher --
Ci A r y
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Now
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Benavides, Bustamante, Martinez (4)
None (0)
None (0)
Pulido, Sarmiento, Tinajero (3)
25C -15
Resolution. No. 2009 -038
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2009 -038 to be the original resolution adopted by the City Council of the
City of Santa Ana on July 20, 2009.
Date: 3
Clerk of the Council
City of Santa Ana
Resolution. No. 2009 -038
Page 4 of 4
25C -16
,ago
-mw
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
AGREEMENT WITH ARAMARK
CORRECTIONAL FOOD SERVICE FOR
INMATE FOOD SERVICE AND KIOSKS
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with Aramark Correctional Services to provide kiosks and revise the food services
menu which would increase the annual amount not to exceed $1,294,325, effective September 1,
2012, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On January 17, 2012, the City Council approved an agreement with Aramark Correctional
Services to provide food and commissary services for the Santa Ana Jail. As part of the RFP
process for these services, the City requested potential vendors to include options to install
kiosks in the Jail Lobby and Booking Area. These kiosks are to be used for all cash transactions
in the Jail to improve efficiency and accountability related the handling of money. The ongoing
cost of the kiosks will be offset by a combination of user transaction fees and a credit to the
revenue that is received from inmate commissary purchases. There is no upfront cost to the City
for these machines.
Additionally, due to concerns by the Jail's contracting agencies (ICE and U.S. Marshals) staff is
recommending that the inmate food menu be revised to eliminate all soy products and provide a
wider variety of foods. Aramark has provided a revised menu which meets these needs but
increases the cost of the meal by $0.04, or a total of $22,425 per year. This increase will be
offset by anticipated rate increases to the daily bed rate that is charged to the contracting
agencies.
FISCAL IMPACT
Funds in the amount of $1,294,325 are available in the Police Department Detention Services
contracts account (account no. 01114475 62300).
4V A
'Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25D -1
25D -2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 17, 2012,
2012, by and between ARAMARK Correctional Services, LLC., a Delaware limited liability
company ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ( "City ").
RECITALS:
A. The parties entered into that certain Agreement #A- 2012 -008, dated January 17, 2012,
(hereinafter "said Agreement ") by which Consultant has provided meal service and
commissary services for the Santa Ana Police Department and Detention Facility.
B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of services to provide for healthier inmate meals and for the provision of kiosk
payment for commissary services, and increase compensation to pay for the new meal plan.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the
following:
"A. ARAMARK shall operate the Santa Ana Detention Facility commissary, perform inmate
meal preparation, and operate the Code -7 Cafe, as those services are set forth in the
CITY's Request for Proposals (RFP #11 -047) and ARAMARK's Technical Proposal for
Food Service Management dated October 20, 2011, collectively, as described in Exhibit
A attached to said Agreement, and the details of which are on file at the Santa Ana
Detention Facility in the care of the Jail Administrator, and incorporated by reference to
this Agreement. Commencing September 1, 2012, the inmate meal menu shall eliminate
all soy products and provide a wide variety of foods as reflected in the sample menus
attached to this First Amendment to Agreement as Exhibit A -1 and incorporated by this
reference.
B. The CITY shall at its expense provide ARAMARK with adequate preparation kitchen
facilities at the Facility completely equipped and ready to operate, together with such
heat, refrigeration and utilities services as may be reasonably required for the efficient
performance of the Agreement. ARAMARK shall be responsible for long distance
telephone service.
C. ARAMARK shall install such computer hardware and related equipment and software
(collectively "Computer Equipment "), including but not limited to ARAMARK's CORE@
commissary management information systems (the "CORE® System ") as necessary to
support ARAMARK's commissary operations. ARAMARK shall remove all Computer
Equipment upon the expiration or termination of this Agreement. The CORE® System is
and shall at all times be owned by ARAMARK, which shall hold all rights relative
thereto except as may be expressly granted hereunder and then only to the extent of such
25D -3
express grant. All use of the CORE@ System at the Facility shall immediately cease upon
the expiration or termination of this Agreement. ARAMARK shall be responsible to
support and maintain all Computer Equipment during the term of this Agreement, but any
and all such obligations shall cease upon the termination or expiration of this Agreement.
To the extent that it is necessary for ARAMARK's or the CITY's employees to be
trained to use the CORE@ System, ARAMARK shall provide such training, provided that
ARAMARK shall have no other training obligations hereunder.
The CITY shall run such cable and wiring, and shall perform such systems integration, as
necessary to enable the CORE System to support ARAMARK's commissary operations.
In the event the CITY changes any third party vendor whose service interacts with the
CORE System (such as its telephone or internet service provider), any costs associated
with CORE System customization or code changes will be borne by the CITY.
D. ARAMARK shall provide, install and maintain all equipment, hardware and software
required for the efficient operation of the jail commissary program including the
installation of payment kiosks in the jail lobby and booking area which will interface
with the City's jail management system and eliminate cash transactions, as set forth in
ARAMARK's Proposal, attached to said Agreement, and TouchPay Intake Kiosk
Specifications, attached as Exhibit A -2. The TouchPay system shall provide for online
website and interactive voice response (IVR) deposits to inmate accounts. The system
will be supported through customer transaction fees charged at the rates set forth in
Exhibit A -2.1. All Exhibits are incorporated into the Agreement by this reference. If for
any reason ARAMARK discontinues to utilize TouchPay to provide the commissarX
program, ARAMARK shall provide City a minimum of thirty (30) day notice of such
discontinuance, and shall not provide the service through another subcontractor without
first obtaining the written consent of City.
2. Section 2.A, COMPENSATION, shall be amended to increase the per meal price by $.04 for
each Prime Option inmate meal served pursuant to said Agreement. The new per meal cost
of $1.98, shall be effective September 1, 2012.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
I //I
25D -4
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
ARAMARK CORRECTIONAL
SERVICE, INC.
(NAME)
(Title)
25D -5
EXHIBIT A -1
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EXHIBIT A -2
TOUCHPAY SPECIFICATION
25D -11
TouchPay intake Kiosk Specifications
• Intake Kiask needs tobe located 4.5 "from wait in order to service the Kiosk.
• Total swivel rotation clearance is 33 ".
Allow 5" clearance /
5" forCoin Hopperto
completely lift
f
f
4&TouchPay
i
Total
,.....�.
Height ==7 ..w:
srs.+s
29" �CARD IN A cCASH IN
Height
I `
19" Width
Exhibit A -3
Coin Hopper
& Filter
Built -In
Camera
12" Touchscreen
Magnetic Stripe-
Card Reader
Bulk Note
- Acceptor /Validator
Receipt Dispenser
Fully- Secured Door
with Combination
Lock
10 Z
25" Depth
1z
Intake Kiosk features include:
• Accepts $1, $5, $10, $20, $50, and $100 US Currency in bulk and in any order
• Bulk note feeder validates up to 30 bills and checks for and rejects counterfeit currency
• Bulk coin acceptor — up to 300 coins per minute
• Simultaneously accepts and counts bills and coin
• Built -in digital camera — no additional equipment needed for monitoring
• 24/7/365 operation
• Remote online monitoring by Touch Pay for Kiosk status and service
• 12" touchscreen displays additional information and user interface
• Bilingual touchscreen prompts for easy use
• Rugged, all metal design
• Fully- secured door with combination lock for courier and maintenance service
• Countertop mount with swivel base for ease of use
• Bluetooth enabled — allows wireless keyboard option
• USB Ports — allow future expansion
• Prints receipt(s) after each transaction
25D -12
• Toll -free TouchPay Customer Service number displayed on all Kiosks
• Courier services and all Kiosk supplies provided by TouchPay
Upon each completed transaction, the Kiosk
provides a printed receipt(s) and takes a
picture of the user, and the receipt can be
placed directly into the offender's property
bag. This information, transaction history,
and the option to print additional receipts are
available on the TouchPay website through
the Partner /Facility Login, which only allows
access to authorized users.
Lobby Payment Kiosk
0 1'J�`�Lrl_11'ir'i�
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$474.8
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10w I -, .. . � au+r
Intake Kiosk Sample Receipt - can be customized
TouchPay is the leader in premise -based Kiosk solutions. Our patent - pending Lobby Kiosk will
accept cash as well as Visa and MasterCard credit/debit cards, and transactions are made in real
time. Using the TouchPay Kiosk is as easy as using an ATM. With easy to follow step -by -step
instructions, deposits can be made to an inmate's account in minutes.
Each Kiosk provides a printed receipt to the user and takes a high - resolution photo of each
depositor at the time of a completed transaction. This information, along with transaction history
and the option to print additional receipts, is available on our website through the Partner /Facility
login, which only allows access to authorized users.
Canned Messaging is an available feature that can be included on the Lobby Kiosk and online.
A list of facility- approved messages is loaded to the Kiosk and available for friends and family
members to select during their transaction. There is a fee for this add -on service, and it is an
optional selection by the user. Inmates receive the message on their printed receipt, which is
distributed by the facility.
25D -13
TouchPay Lobby Kiosk Specifications
W Bill Validator
IReceipt Dispenser
x
2' Depth
Z
2' Width J
Lobby Kiosk features include:
• Transactions are made in real time
• Accepts $1, $5, $10, $20, $50, and $100 bills –Accepts $9 Bills
• Accepts Visa and MasterCard credit /debit cards
• 24/7/365 operation
• Friends and family can choose to include a canned message with each transaction
• Built -in digital camera — no additional equipment needed for monitoring
• Impact resistant, 15" tempered bilingual (English and Spanish) glass touchscreen
• Rugged, all metal design
17" topper can display customized facility messages
• Bill validation checks for and rejects counterfeit currency
• Fully- secured door with combination lock for courier and maintenance service
• Remote online monitoring by TouchPay for Kiosk status and service
• Toll -free TouchPay Customer Service number displayed on all Kiosks
25D -14
17" Advertising
it
Monitor
Built -in
Camera
Speakers
67'
Total
15 "Touchscreen
Height
Magnetic Stripe-
®
- --
Card Reader
Fully- Secured Door
with Combination
+'
Lock
W Bill Validator
IReceipt Dispenser
x
2' Depth
Z
2' Width J
Lobby Kiosk features include:
• Transactions are made in real time
• Accepts $1, $5, $10, $20, $50, and $100 bills –Accepts $9 Bills
• Accepts Visa and MasterCard credit /debit cards
• 24/7/365 operation
• Friends and family can choose to include a canned message with each transaction
• Built -in digital camera — no additional equipment needed for monitoring
• Impact resistant, 15" tempered bilingual (English and Spanish) glass touchscreen
• Rugged, all metal design
17" topper can display customized facility messages
• Bill validation checks for and rejects counterfeit currency
• Fully- secured door with combination lock for courier and maintenance service
• Remote online monitoring by TouchPay for Kiosk status and service
• Toll -free TouchPay Customer Service number displayed on all Kiosks
25D -14
Receipt provided to each user upon completed transaction
Marketing materials, courier services, and all Kiosk supplies (receipt paper, customer
brochures) provided by TouchPay
Kiosk specifications — weight:200 Ibs; footprint: 2' by 2'; height: 67 with topper
TouchPay's Lobby Kiosk can be programmed to accept many types of transactions, which allow
the various departments of Kern County to take advantage of all, or some of TouchPay's Kiosk
functions such as cash or credit/debit card payments. Transactions for each department can be
set up as an independent order type so that users can make multiple payments to various
departments while at the TouchPay Lobby Kiosk. TouchPay will reconcile all payments and
deliver the funds for each order type taken by ACH to the appropriate department's bank account.
Countertop Terminal
TouchPay also provides our Countertop Terminals that accept Visa and MasterCard credit/debit
cards. This solution can be deployed in any area where a cash deposit may not be required. It's
perfectly suited for visiting areas in smaller locations or windows of existing offices, and it's an
ideal option for inmate self release.
TouchPay's Countertop Terminal can accept court fines and fees, civil process fees, traffic
tickets, probation, restitution, electronic monitoring, and many other payments. This terminal
incorporates all the functionality, robust payment application, and real -time automated funding
and reporting applications as TouchPay's other payment systems.
Countertop swipe card features include:
• PCI -data compliant
• Accepts Visa and MasterCard credit/debit cards
• Real -time account validation
• Real -time processing
• On- demand reporting
• Pin -pad based interactive interface for users
• Long -term longevity with ease -of -use
Online Payments
TouchPay's online payment -portal accepts Visa and MasterCard credit/debit cards and the Green
Dot MoneyPak card for various deposit services. TouchPay provides a secure web - payment
server, and our existing infrastructure easily allows additional facilities to be added so they can
begin taking payments immediately. Utilizing the existing TouchPay merchant - account network
provides instant transaction postings to your back -office reporting system.
Web payment features include:
• Accepts Visa and MasterCard credit/debit cards and
MoneyPak card
• Allows users to make deposits /payments from any computer
with Internet service at their convenience
• Hosted solution is available to take transactions 24/7/365
• Bilingual user interface (English and Spanish)
• Friends and family can choose to include a canned message with each transaction
25D -15
• Can be used to take any transaction type for multiple departments, including:
o Alternative sentencing fees, incident report fees, tows, civil, child support, bail, work
release, electronic monitoring, and any other payment type
Telephone Interactive Voice Response (IVR) Payments
TouchPay provides an Interactive Voice Response System (IVR), accessible by a toll -free 800 -
telephone number that accepts Visa and MasterCard credit/debit cards and the Green Dot
MoneyPak card. With over 20 years of experience in IVR payment- transaction processing,
TouchPay is the leader in developing the most efficient, cost effective, risk -free solutions in the
industry. IVR transactions also allow instant posting to back -office reporting systems.
IVR features include:
• Accessible by a toll -free 800 telephone number
• Allows users to make deposits /payments from any phone at their convenience
• Accepts Visa and MasterCard credit/debit cards and MoneyPak
• Instantaneous posting of transactions to back -office systems
• Allows transactions 24/7/365
• Bilingual option available (English and Spanish)
Retail Walk -In Payments
Cash customers can safely and securely make deposits with TouchPay's Retail Walk -In Payment
service.
In -store deposits can be made at select retailers who participate in the bill -pay network, which
provides great convenience for cash depositors.
The Retail Walk -In Payment service offers users a cash - deposit option through a network of
independent, neighborhood -based payment centers throughout the United States. With over
14,000 agents located in every major metropolitan area, many at major chain stores,
supermarkets, convenient stores, and neighborhood businesses, this retail payment option offers
cash customers the flexibility to deposit funds almost anywhere.
Retail Walk -In features include:
• Cash accepted for deposits /payments at over 14,000 retail locations ... �`
• In -store deposits are validated, approved, and processed in real time ' " "
• Transactions are integrated into the standard reporting system
• Multiple payment options available as certain
retailers accept additional forms of payment
Marketing Materials
TouchPay spends significant time and effort implementing marketing programs to drive
understanding and knowledge of the new payment - processing system. In all cases, TouchPay
has been able to drive incremental transactions for the account - deposit services through the
convenience and ease -of -use of the deposit system.
The marketing effort is designed to focus on depositor awareness and education of using the
TouchPay system, which eliminates transitional - service questions. Marketing materials will be
provided at no cost to Kern County and include: posters at designated Kern County Jail facilities
25D -16
and Sheriff's Office locations, take -home brochures, and business cards located at the Kiosk,
Sheriff's Offices, and reception /intake areas.
Marketing collateral is customized for each location, and the Project Manager will assist Kern
County complete a marketing survey to ensure proper quantities of materials are produced.
Below are examples of TouchPay's marketing materials.
h" Miami -Dade Detention Center
Psytnetvt System Facility Locator 71233101
Inmate Account Funding
Commissary • Self Release
Funds Available Within an Hour!
t ' Pay by Phone: 1-866-232-1899
•
Web: wwwtouchpaoired.com
• Kiosk: Located in the Jail Lobbies
The Inmate IDS # is Required VISA
'_ CASH- rm�SE:!e and icmcliJllWays tcSund ln^iate kccoarK
FUNDS AVAILABLE IMMIEDIMY!
24 -11-17 asp A MA k—stPoNding
tl -ay VsYElxerCurd - n—C.x -i k-- Cher i
Orl4
_.sr
VISA °E^CASit
By TNephone:
Toll -Free 1- 166 - 232 -18t9
Online at
hVJ1www.louchpayduecLc=
Kiosk:
Located at tiro Facility
TX RIWNytN* n[10Ni[IND "y
SEEP TINS RECORD - YOU ORIiT HAVE THE
WOMIATHIN BELOW TO RIND AN ACCOUNT
- - - -- . -- - -- -------- - - - - --
Maricopa County, AZ
Facility Locator No. 222101
Immws Booking R_._._..__._____
Ir.UNA 11—
rwN �5A CMYfNNNb F!Y IV INY 1xIS S13RM
Pay kr web W*Ww ny.%AC4Nydinner
Pay by ph— 1 -Wr 232�IM
11VIUCkrm
PRNI..RI AS+OM
S.. Swan. cad. for iu•udiox.
Business Card
• For visitation /lobby areas - often attached to Lobby Kiosk
• English front /Spanish back
• Includes TouchPay's toll -free Customer Service number to
eliminate depositor calls to Kern County
• Basic deposit instructions included
• Small so depositors can easily take and keep with them
for quick deposit reference and instruction
Informational Brochure
• Provided in
visitation /lobby areas -
often attached to Lobby
Kiosk
• English front /Spanish back
• Includes TouchPay's toll -
free Customer Service
number to eliminate
depositor calls to Kern
County
• Basic deposit instructions
included
• Larger piece is easier to
read for depositors and can
still be taken home for
deposit reference and
• Size: 8.5" x 11"
• Provided in visitation /lobby areas and
internal PODS
• English and Spanish available
• Provides instructions so users can quickly
and easily make deposits through the
Philadelphia Prison System
Facility Locator: 219101
Funds Available Within an Hour!
Inmate Account Funding
To deposit money into an inmate's tmst account
By using any of the following TouchPay services:
• Telephone: Toll -Free 14IW232 -1899
• Online: www.touchpaydirect.com
• Kiosk: Located in the Jail Lobbies 2 5 D' 1 7
Inmate PID # Required
TouchYaY r� »lx. x.. Green Dot M�vmYThY',
e�ocaunl gre.mnt_q In lwtl an �mro4
GASH r • rereiM. ner ynu.
MoneyPak Brochure
• Available in
visitation /lobby areas
- often attached to the
Lobby Kiosk
• Provides information
about MoneyPak and
how to use it to fund
an inmate's account
• '1'ouchPay provides at least one postage -paid
card per inmate at install
• Cards let inmates' friends and family know
to make deposits into their accounts
• Additional cards are available through
commissary vendor, but do require postage
IINMATE ACCOUNT FUNDING
bd*m mm".w on imaskWsm m
aLMS WET NNp R EEEEY AaOnM hNdNq
iIN V111" RN NMI
.w,nhnMMTwnAecouNwiy
€sk�
.D..nExm-d.Ry
�v A•N IA11n
- i.n pm.id.d pebwq
" P... System
-tor: 219101
uraay..i
VENDOR RESPONSE:
TouchPay can provide this service.
Debit Card for Release
For release, TouchPay offers a NO COST debit card solution to the
facility and former inmate. The release solution was built
specifically for corrections and is the most comprehensive solution
in the industry, using both hardware and software to provide an
easy -to -use and convenient release process, complete with
unprecedented security in the transfer of inmate funds.
The Release Debit Card is activated by the facility at the inmate's time of release. The pin
number is also assigned at activation — ensuring the released inmate has secure access
to their funds on an
active card.
Benefits of the TouchPay Release Card include:
100% Free to facility
• Nearly eliminates check reconciliation
• Takes only moments to assign and fund a card
Reduces workload on release staff and accounting
• No more escheatment
• Immediate use of funds by released inmate – eliminates concerns of releasing inmates during
evenings and weekends without travel money
• No card issue fee to the inmate, and first point -of -sale (POS) transaction is free
• Can request release funds on a check at no charge by contacting customer service
• No reissuance of lost checks to individuals, even if they lose their card, 24/7/365 customer
support takes care of everything
• Instructional information distributed with card at release
• Accepted internationally, including Mexico and Canada, and at:
• Any location MasterCard PIN -debit cards are accepted
• More than 2 Million locations through the Star PIN -debit Network
• More than 4,400 financial institutions and 350,000 ATMs across the US through the
PULSE PIN -debit Network
PCI Compliance
TouchPay is PCI compliant, a member of SWACHA, and is well versed and totally operated
within the strict guidelines of Visa and MasterCard regulations. Scans for PCI compliance are
conducted by Comodo as required by Visa and MasterCard regulations, and TouchPay will
provide our most current PCI scan upon request as proof of compliance.
TouchPay has multiple levels of security for all data stored and transferred via our systems. All
transmissions are encrypted using SSL certificates, and all data is stored using the latest in (SSL)
protocol with 128 -bit encryption technology. TouchPay will work with Client system engineers to
ensure that all communications and information passing between the systems is also secure.
TouchPay encrypts all data transmitted and /or stored. In addition, we do not store credit card
account information other than the final four (4) digits of account numbers. This ensures complete
W 9 -9 Feee
credit card information is not available in the event of a security breach on our servers.
TouchPay's credit card processing gateway provider would contact us immediately in the event of
a breach. We would then notify our merchant processor who would immediately contact both Visa
and MasterCard to take appropriate action.
TouchPay is required to securely retain all data in compliance to Visa, MasterCard, SWATCHA,
and PCI regulations. TouchPay securely stores all transactional data with redundant off -site back
up for an infinite period guaranteed to exceed seven years. Data posted to the reporting tools is
always available. Client staff members will be able to retrieve data using the standard reporting
tools for all transactions from current to those taking place in excess of seven years prior.
TouchPay's customer service department is comprised of two distinct support teams
with separate toll -free phone numbers and email addresses to provide "best in class"
service with trained team members that have access to real -time information:
• Relationship Account Management (RAM) — dedicated to exclusively supporting
facility Clients
• Customer Support— provides assistance and service to depositors and end users
KIOSK SUPPORT SOLUTIONS
TouchPay's Relationship Account Management (RAM) team monitors Kiosk
software, hardware, and connectivity in real time 24/7/365 via the watch list —
allowing them to quickly respond to any disruptions in service. TouchPay's
expected downtime is less than 0.1 %, and the Kiosk can operate in an off -line
mode if the communication network is disrupted for any reason. Kiosk support
levels and standard resolution times are outlined below.
Level I: Remote Solutions
• Software, kiosk hardware, and network connectivity are all actively monitored
via the watch list. Upon indication or notification that a disruption in service
has occurred or a hardware concern is identified, TouchPay will attempt to
resolve the issue remotely.
• Remote resolution is typically provided in one hour or less, and TouchPay's
RAM team is able to resolve up to 85% of tickets remotely.
Level II: On -Site Solutions
• If remote resolution is not successful, TouchPay will dispatch a technician to
the site to determine the nature of the software, hardware or network issue.
• Typically, the on -site technician will resolve the situation or make any required
repairs within 24 hours or less.
25D -19
Level III: Dispatch Solutions
• If hardware parts and /or materials are required for resolution, they are
shipped via Fed Ex Priority Overnight to the technician for repair or
replacement. Resolution typically occurs within 48 hours or less from the time
it is determined a repair or replacement is required.
• If a network connectivity issue is unable to be resolved remotely or on site,
resolution time frames can vary based on the following factors:
• DSL provider issues and outages
• Facility network issues and outages
25D -20
EXHIBIT A -2.1
TRANSACTION FEES
25D -21
�ARAA��ARK
Correctional Services
Exhibit A -3.1
10 Sep 2012
Chris,
Per your request, the following is the information for the TouchPay service to include fees for Santa Ana,
CA:
The kiosks are provided by TouchPay (TPD), ARAMARK's third party provider of payment processing
services. The fees associated with the TouchPay service are as follows:
CASH COMMISSARY DEPOSITS
a. Cash
Amount of Deposit
Convenience Fee
$0.00 to $20.00
$3.00
$20.01 to $50.00
$5.00 ($3 to the user and $2 subsidized by Santa
Ana out of commissions)
$50.01 to $200.00
$6.00 ($3 to the user and $3 subsidized by Santa
Ana out of commissions)
** For any cash fees above $3, Santa Ana will cover the additional fees. ARAMARK will take
this portion out of commissions back to Santa Ana.
b. For credit card /debit card transactions, TPD will charge the Client a convenience fee of $5.00
plus 3.5% of the face amount of each transaction.
BAIL OR SELF -BOND
The fee structure for this service is as follows:
a. For cash transactions, TPD will charge the Client a convenience fee of $5.00 for the first
$200.00 of the deposit plus $5.00 for each additional $100.00 of incremental deposit over the first
$200.00 of the face amount of each transaction.
b. For credit card /debit card transactions, TPD will charge the Client a convenience fee of $5.00
plus 7.5% of the face amount of each transaction.
Intake Kiosk
a. $2.50 per inmate - this fee is covered by Santa Ana. ARAMARK will take this portion
out of commissions back to Santa Ana.
TouchPay owns the lobby kiosk and intake kiosk machines. Touchpay is responsible responsible
for installation, maintenance and removal of both machines, managing the cash pickup service,
and providing overall customer support to the depositor and Santa Ana City Jail.
TouchPay is interfaced with ARAMARK's proprietary CORE banking system.
(10 BEYOND
FOR YOU. WITH YOU.
25D -22
CELEBRATING OVER 30 YEARS
OF SERVICE TO PUBLIC SAFETY
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
AGREEMENT WITH FIRETEC USED
APPARATUS SALES FOR BROKER
SERVICES
(SURPLUS FIRE EQUIPMENT)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
Firetec Used Apparatus Sales as the broker to sell surplus fire equipment, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana City Council approved the contracting of fire services to the Orange County Fire
Authority in February of this year. As part of this transition, staff identified what equipment could
be used by other City departments and what is to be sold as surplus. A Request for Proposal
(RFP) was issued on May 21, 2012, soliciting proposals for fire equipment broker services.
The City received four responses to the RFP. The responses were reviewed by an evaluation
committee comprised of the Facilities -Fleet Maintenance - Central Stores Manager, Senior Fleet
Supervisor, Heavy Equipment Fleet Supervisor, and Property Control Specialist, using the
following criteria: qualifications in relation to specific project to be performed; specific experience
in surplus fire equipment brokered sales; competence and capacity for performance; timeframe to
complete proposed sale method; and price of service. The final scores and ranks are as follows:
RFP Proposal Final Score Rank
Firetec Used Apparatus Sales
90%
1
Brindle Mountain
77%
2
The Public Group
62%
3
Interscholastic Trading Company
59%
4
25E -1
Agreement with Firetec Used Apparatus Sales
September 17, 2012
Page 2
Surplus fire equipment is a specialty item and staff recommends contracting with a specialty
broker, rather than a conventional auctioneer that sells to the general public and multiple
resellers. Generally, resellers and other third parties bid low in order to resell at a profit. In
contrast, the specialty fire equipment market is more competitive and end -users bid closer to
market price. Firetec specializes exclusively in fire equipment and sells to local fire agencies,
municipalities and counties. Further, Firetec's proposal demonstrates both the greatest level of
experience in fire equipment brokered sales and offers the lowest service fee. Based on the
evaluation committee's review of the proposals and vendor reference checks, staff rated Firetec
as the most qualified, responsible, and responsive proposer. The agreement with Firetec
stipulates that the City retains the right to determine which items will be auctioned. Staff
recommends approval of the agreement.
FISCAL IMPACT
Upon sale of the surplus fire equipment, the revenue
Replacement Fund (no. 07510002 57972), except for
program, as conditioned in the grant.
Francisco Gutierrez o
Executive Director
Finance & Management Services Agency
wn
25E -2
will be credited to the Equipment
amounts returned to a grant- funded
AGREEMENT FOR PROVISION OF REAL ESTATE SERVICES
THIS AGREEMENT, made and entered into this 20`h day of August, 2012 by and
between FIRETEC Used Apparatus Sales, a general partnership (hereinafter "Broker "), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
fire equipment brokerage to provide listing and marketing services for surplus fire
apparatus owned by City.
B. Broker represents that Broker is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Broker represents that it is
knowledgeable in its field and that any services performed by Broker under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Broker shall promote, advertise and complete the sale documents necessary to sell the
inventory of surplus fire equipment owned by the City of Santa Ana, as set forth in Broker's
Proposal, attached hereto as Exhibit A, and incorporated by reference. Said equipment includes:
Year
Make
Model
2006
Freightliner
Medic Van (2)
1988
LTI
Ladder Truck
1989
Beck
Pumper
1990
Beck
Pumper
1992
Beck
Pumper (2)
1998
BME -AMLAF
Pumper
2000
Eagle
Alf /Rescue
2000
Box Trailer
WMD Trailer
2001
Ford
Stake Bed Truck
2001
Ford
F -150 XLT Super
2002
Ft/Liner
Medic Van (3)
2003
Ft/Liner
Medic Van (3)
2004
Freightliner
Medic Van (2)
2007
Chevy
Colorado Ext
2008
Chevrolet
Colorado Suburban
2008
Chevrolet
2500
In providing such services, Broker acknowledges that the equipment belongs to City and that City
retains absolute discretion to accept or reject any proposed transaction brought by Broker. City
retains the right to transfer ownership to any entity based on City's surplus policy, of any fire
25E -3
apparatus listed above prior to the execution of an Agreement to sell that piece of equipment to a
third party. In such case, Broker shall not be entitled to commission for that equipment. City
shall notify Broker immediately if such transfer has occurred."
REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the
Executive Director of Finance and Management Services, or his designated representative, and
the representative of the Broker shall be the Principal her designated representative. Except as
may be otherwise stated herein, such representatives shall have the authority to act on behalf of
their respective parties in carrying out the terms of this Agreement.
3. COMPENSATION
a. City agrees to pay, and Broker agrees to accept as total payment for its services, a
commission equal to five percent (5 %) of the sales price of the apparatus.
b. Broker will refer to City all qualified inquires regarding the specified apparatus.
When a pricing agreement is reached, Broker will collect the full purchase price and transfer the
balance, minus the five percent (5 %) commission, to City. The remittance shall be accompanied
by a sales receipt containing all terms and conditions of such sale.
4. TERM
This Agreement shall commence on the date first written above and the Broker
authorization shall terminate on August 31, 2013, unless terminated earlier pursuant to Section
13, below. The term of this Agreement may be extended by a writing executed by the Executive
Director of Finance and Broker.
5. INDEPENDENT CONTRACTOR
Broker shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer - employee relationship, a joint venture relationship, or to allow
the City to exercise discretion or control over the professional manner in which Broker performs
the services which are the subject matter of this Agreement; however, the services to be provided
by Broker shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Broker shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Broker shall maintain
and shall require its subcontractors, if any, to obtain and maintain Worker's Compensation
Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Broker, if
Broker has any employees, is required to be insured against liability for worker's compensation
or to undertake self - insurance. Prior to commencing the performance of the work under this
Agreement, Broker agrees to obtain and maintain any employer's liability insurance with limits
required by law.
25E -4
7. INDEMNIFICATION
Broker agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligence, recklessness or willful misconduct of the Broker or its contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services described
in section 1 of this Agreement.
8. CONFIDENTIALITY
If Broker receives from the City information which due to the nature of such information
is reasonably understood to be confidential and /or proprietary, Broker agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed
to either party by any subsidiary and/or agent of the other party is covered by this Agreement.
The foregoing obligations of non -use and nondisclosure shall not apply to any information that
(a) has been disclosed in publicly available sources; (b) is, through no fault of the Broker
disclosed in a publicly available source; (c) is in rightful possession of the Broker without an
obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Broker without reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Broker covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
facsimile (714) 647 -6956
With courtesy copy to:
FMSA- Fleet Maintenance
City of Santa Ana
215 S. Center Street
Santa Ana, California 92703
facsimile (714) 647 -3539
25E -5
To Broker: FIRETEC, Used Apparatus Sales
P.O. Box 177
Randolph, Vermont 05060
Facsimile (802) 728 -9206
A party may change its address by giving notice in writing to the other party. Th,,reafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty -four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Broker, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Broker. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Broker nor the City. 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.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Broker,
Broker may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. In such event, Broker shall be entitled to compensation in accordance with Section 3.a.,
if the apparatus is sold by or through Broker prior to the date of termination.
14. DISCRIMINATION
Broker shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Broker affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
25E -6
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Broker shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Broker shall notify the City immediately and in
writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
EXHIBIT A
25E -7
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
FIRETEC
BARBARA BAUMANN
Principal
25E -8
BROKER PROPOSAL
25E -9
USED APPARATUS SALES Barbara W. Baumann
PRIN!,-!r AL
bbaumann@firetec.com
www.usedtiretrucks.com
1.800.1 R' TH . 4i
fAX �tl? rL� 9,,616
PO 80X 177, RANOOLPH, Vf 050 60
DATE:. 5/30/12
MESSAGE:
Re: RFP 12 -040
City Of Santa Ana Purchasing Division
20 Civic Center Plaza
4th Floor — Purchasing -- Room 429
Santa Ana, CA 92701 -4058
Attn: Eva Goods
Thank you for giving us the opportunity to submit a proposal to provide brokerage services to
the City of Santa Ana.
Firetec® has been in business for nearly 30 years and is a leader in the used fire apparatus
market. The following pages set forth our qualifications, experience, fees and references. We
feel we are ideally suited to promote, advertise and handle the sale of the city's surplus
inventory of fire equipment.
Please feel free to contact us with any questions or concerns.
Res ectfully Submitted,
Firetec Used Apparatus Sales
Barbara W Baumann, Principal
25E -10
COMPANY PR.OFILE
1. Statement of Company Background.
Firetec has been brokering the safe of used fire apparatus since 1983. We
are essentially the marketing agent for surplus emergency response
vehicles, with-the mission to match buyers and sellers of used equipment
and facilitate sales at fair market value. We utilize a variety of well -
established methods to promote the availability of units and our name is
well known in the industry. Firetec has thousands of repeat sellers and
repeat buyers. We sell directly, department -to- department, generating
market value for sellers, and a fair deal for buyers. All units are sold as -is,
where -is. As of May 30, we have sold 87 units in 2012. In the last 10 years,
Firetec has sold over 3,500 vehicles. Firetec is the only full time apparatus
broker in America.
Unlike when a fire apparatus is placed onto an auction side, selling for
highest bid, which is usually low, Firetec works more like a real estate
agent. We help to establish a fair asking price, and market to waiting
departments. Firetec provides information and photos to potential
buyers, who ultimately inspect the units and make offers. The city always
retains the right to accept, reject or counter any offers.
2. Supplier Facilities:
We are located in an office in Randolph, Vermont. We reach
departments across America, and beyond. We sell within the U.S, and
Canada only. Sometimes units are purchased for export.
3. Supplier Organization and Staffing:
The duo which will work on selling Santa Ana's fleet are Principals of the
firm: Barbara Baumann and Jennifer Baumann. Barbara began with the
company in 1997 as Advertising Coordinator and ultimately Publisher of
Fire Apparatus Magazine, when the two companies (Fire Apparatus
Magazine and Firetec) were under the same management. Jennifer
joined the company In 1998 as CFO and Apparatus Sales Manager.
Owners/ Principals of Firetec since 2002, both have participated in every
sales transaction since.
25E -11
4. Account Management:
Barbara Baumann, Principal, will be key contact on the overall account
management. Jennifer will handle the transferring of funds from the sales
of the apparatus. Brief resumes above,
Firetec is a marketing firm, catering to the very specific niche market of
fire departments and ambulance squads. To reach these clients, we
employ the following methods and professionals:
1- CATALOG: Production and mailing of a Used Apparatus Catalog
(enclosed) which is mailed nationally. Firetec is the only used fire
apparatus company which publishes its own product, This is
produced by a graphics design professional who has been working
with us for 15 years.
2- ADDITIONAL PRINT: Supplemental regional and national print
advertising as deemed appropriate.
3- WEBSITES: Firetec owns 13 fire - related domain names which feed
into our main websites of usedfire trucks. com and Firetec.com.
4- INTERNET MARKETING: Firetec contracts with a "Google Ad Nlnja"
who produces sponsored Google ads, bringing buyers to our
website(s).
5- TECHNOLOGY: Firetec contracts with an IT professional who transfers
apparatus inventory updates directly from our desktops to the
websites within minutes. This means that buyers get real -time
updates on new listings and price changes and keep coming back
to see what's new. Our website is never stale.
6- MOBILE APP: Firetec has the only used Fire Apparatus Mobile APP In
the industry. Users may search inventory 24/7 from their Phone,
IPad and Android devices. Users get Instant alerts each time a new
unit is listed with Firetec. The app may be downloaded for free at
app.firetec.com.
7- TRADE SHOWS: Firetec exhibits at major and regional industry trade
shows. Our customers know us In person, they trust us, appreciate
our service, and seek us out at these events.
8- E- BLASTS: Firetec sends a weekly e -blast to notify customers of newly
listed apparatus and recent reductions. Our website traffic doubles
in the 12 hours following each e- blast.
9- SOCIAL MEDIA: Firetec utilizes Facebook, Twitter and Linkedin for
networking and enhanced marketing.
25E -12
SERVICE CAPABILITIES
In 2001 -2002, Firetec sold over 20 units for the City of Las Vegas,
Jennifer was account manager, and the sales garnered over $1,5
million. Fairview Valley FD in Apple Valley, CA has been utilizing our
service in 2011/2012. To -date, we have sold 5 units for a total of
$347,000. This Is on- going, Generally speaking, large governmental
agencies do not have the awareness or willingness to strive for fair
market value on their fleets. The easy way Is to send them to
auction, and that is what tends to happen. Firetec's sales of
approximately 200 annually, represent single sales for close to 200
different municipalities or VFDs each year, It is not often that we
see entire fleets on the market. Normally, departments retain us to
sell individual units or pairs as they become available. We
recognize that Santa Ana's situation is somewhat unique and
believe we can help. To place apparatus from fleets, our intent is
to sell the most desirable units directly to departments, for top
dollar, and while remaining open to offers from dealers on multiple
units. Dealers will readily recognize the city's apparatus on our
website and will call us, or may even try to reach city directly, to
find out what kind of deal they can get. We have the ability to
assess the value of the pieces, the likelihood of sale, and will advise
the city accordingly when offers are presented, The arrangements
are simple: an agreed upon commission is established, and we find
the buyers.
2. Firetec is the only full time used apparatus broker in America, with
the sole mission of blanketing the market with news of available
apparatus and selling it for fair market value as fast as possible, If
Firetec cannot place a piece with a fire department, it is not likely
salable to a fire department. The timefrome involved depends on
the condition of and demand for the apparatus, as well as whether
the asking price is reasonable, given those two factors.
3. Firetec has not been privy to enough details on the apparatus to be
able to establish a timeline for each. We welcome the opportunity
to discuss each piece in greater detail. Desirable apparatus sells
fast, Less desirable apparatus takes time. A very rough average
would be four months. It is notable that the city is permitted to
cease advertising through Firetec at any point, and unload via
auction. Or, if some apparatus is difficult to move, Firetec could set
a deadline for offers, but that is not recommended as the ideal first
strategy.
4
25E -13 1
4. Firetec will receive payment in full for the apparatus. Our
commission would be subtracted, and the net profit sent via wire or
check to the city. No apparatus is to be released to any buyer until
payment in full has been received. it Is the buyer's responsibility to
insure the vehicle prior to taking possession at the city's facility, and
the buyer is responsible for transportation back to their station.
5. The title for each vehicle shall be transferred directly from the city to
the buyer, Firetec will not be taking over ownership of the units at
any point. A copy of the title will be required prior to the sale of
each, so that the buyer may obtain insurance.
6, Firetec's normal commission is 10% of the final sales price of
apparatus, when we sell one -at -a -time for fire departments. We
propose a 5% rate for the City of Santa Ana, given there are
multiple units and only one brokerage firm will be utilized for the
liquidation of assets. There are no other , ems. Firetec incurs the cost
for all promotion, as details a ove, and earns commission at the
time of sale of each piece, There are no hidden fees, taxes, or any
other costs associated with our service. We require access to a
person within the city, ideally the Fleet Department, who can
answer detailed questions about the apparatus, and arrange to
show the unit(s) to prospective buyers. We also ask for a contact
person, if different from above, who will determine the acceptance
of offers. If, in fact, the resale value of the apparatus is $1.5 million,
and it sells for that, the total fees due to Firetec would be $75,000.
While we understand that auctions charge a buyer fee, and It does
not seem like the city incurs a cost for this service, it is worth noting
that the resale price of apparatus is 30 -60% of fair market value
when sold with this method. The city nets more when the units are
sold for fair market value through Firetec, even though the
commission is paid by the seller. Firetec does not charge buyer
fees, which is part of the reason we have so many buyers!
25E -14
REQUEST 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.
25F -1
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 2
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
25F -2
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 3
• 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)
25F -3
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 4
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.
25F -4
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 5
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.
25F -5
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 6
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
25F -6
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Transportation and Related Services Agreement
September 17, 2012
Page 7
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)
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
25F -7
RAW of
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
25F -7
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 8
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.
25F -8
CARFE
Doctors
schAefir
Cor orate
CARE Corporate
Doctor's corporate
Schaefer corporate
25F -8
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 9
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
CARE was
Doctor's Ambulance
Schaefer Ambulance
History and
incorporated in March
Service has been
Service, Inc. has been
9 -1 -1
1988. CARE responds
providing emergency
providing emergency
Experience
to approximately
ambulance services to
ambulance services to
98,000 9 -1 -1 calls
the residents and
the residents and
annually in both
visitors of Orange
visitors of Imperial
Orange and Los
County for over 34
County for over 37
Angeles County.
years. It responds to
years and LA County
over 74,000 9 -1 -1
Fire District for over 6
In addition to 22 cities
calls annually.
years. It responds to
and communities in
approximately over
South -East Los
Doctor's currently
44,000 9 -1 -1 calls
Angeles area, CARE
provides service to
annually.
currently provides 9-
Irvine, Laguna
1 -1 service to the
Woods, Dana Point,
following Orange
Laguna Hills, Tustin,
County EOA's;
Aliso Viejo and
Anaheim, Buena Park,
Laguna Beach.
Costa Mesa, Cypress,
Fountain Valley,
Fullerton, Garden
Grove, La Palma, Los
Alamitos, Seal Beach,
and Stanton
CHAS
CARE has been
Doctor's has been
Actively pursuing
Certification
accredited by the
accredited by the
CAAS certification.
Commission on
Commission on
(The intent of the CAAS
Standards is to define a
Accreditation of
Accreditation of
"gold standard" for the
Ambulance Services
Ambulance Services
medical transportation
industry of a higher
(CAAS) since 1993.
(CAAS) since 2002.
caliber than is typically
required for state or local
licensing. There are
approximately 120
25F -9
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 10
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
25F -10
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 11
%.)
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:
TOW
Annual Cost I Annual Cost I Annual Cost 1 $9,906,969
CARE
Ambulance
Transport
Services
$ 2,881,675
$ 2,968,125
$ 3,057,169
Monthly Cost
Monthly Cost
Monthly Cost
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:
Annual
Cor&act
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:
25F -11
Approval of Fire /EMS Emergency Ambulance
Transportation and Related Services Agreement
September 17, 2012
Page 12
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
TOTALS: 100 Pass 10 9 9 28 9.3
CARE AMBULANCE
Weighted
Weighted
Evaluation Categories
Score
Staff Evaluator)
Evaluator2
Evaluator3
Total
Average
Average
1. Cover Letter
Average
Pass
Pass
2. General Overall Plan to Provide Emergency Services
10
1 1
1
3
1
0
3. Overall Operational System
10
2
1 1
1
3
1
10
4. Driver Training
10
6
1 1
1
3
1
10
5. Internal Medical Quality Control
10
2
1 1
1
3
1
10
6. Mutual Aid Provider
3
Pass
1
6
2
20
6. Mutual Aid Provider
7. Personnel and Training
10
1 1
1
3
1
10
8. HIPAA Compliance Plan
10
Pass
2
2
1
5
1.7
9. Corporate Compliance Plan
8. HIPAA Compliance Plan
Pass
Pass
0
10. Plan for Takeover of Service /Start-Up
15
9. Corporate Compliance Plan
2 1
1
4
1.3
20
11. EMS Resume
15
0
2 1
1
4
1.3
20
12. Phase I Approval Notification
6
Pass
30
11. EMS Resume
15
1
13. Price Worksheet- Transport Only
20
5
1 2
2
5
1.7
33.3
13B. Price Worksheet- Transport & Optional Billing
0
0
0
13. Price Worksheet- Transport Only
20
14. Conflict of Interest Certification
3
Pass
3
9
3
60
13B. Price Worksheet - Transport & Optional Billing
15. Statement of Truth
Pass
16. Non - collusion Certification
Pass
17. Photographs (Optional)
15. Statement of Truth
N/A
Pass
TOTALS: 100 Pass 10 9 9 28 9.3
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
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
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
SCHAEFER 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
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
(9) 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 SERVI CES ............................................................................. ..............................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
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 COMMUNI CATIONS .................................................................. .............................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 C ONFER ........................................................................... .............................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
(9) 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
BIDPROPOSAL DEPOSIT ..................................................................................... .............................55
TABLEOF CONTENTS ......................................................................................... .............................56
B. DESCRIPTION OF REQUIRED ITEMS
ICOVER
LETTER ............................................................................................. .............................57
9 CORPORATE COMPLIANCE PLAN .................................................................. .............................66
2
GENERAL OVERALL DESCRIPTION OF PLAN TO PROVIDE 9 -1 -1 EMERGENCY
11 EMS RESUME ............................................................................................... ..........................68 -69
TRANSPORTATION SERVICE IN CITY ........................................................... .............................58
3
OVERALL OPERATIONAL SYSTEM ................................................................ .............................59
14 CONFLICT OF INTEREST CERTIFICATION ..................................................... .............................72
4
DRIVER TRAINING ......................................................................................... .............................60
5
INTERNAL MEDICAL QUALITY CONTROL ..................................................... .............................61
17 PHOTOGRAPHS ( OPTIONAL) ......................................................................... .............................75
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
25F -18
x of i i Ana
TABLE OF CONTENTS (CONTINUED)
ATTACHMENTS
ATTACHMENT I - SAMPLE CONTRACT WITH CITY ...................................... .............................76
25F -19
(9) 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 l
June 14, 2012
25F -20
(9) City • • • 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. l 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.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 12
June 14, 2012
25F -21
(9) City of Santa Ana
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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25F -22
(2) 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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C) City of • r 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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(9) 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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(9) 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: scottb row n(a)ocfa.org
Phone: 714 -573 -6071
1'
Jim Ruane, Finance Manager
Email: jimruane(a,ocfa.org
Phone: 714 -573 -6304
no
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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(9) 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 Proaosal 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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(9) 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
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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(9) City of Santa Ana
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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(9) 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.
I. 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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(9) City of Santa Ana
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.
anel.
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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(9) City of Santa Ana
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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0) City of Santa Ana
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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(9) City of Santa Ana
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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(9) City of Santa Ana
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
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Action
Date
A
Final RFP Issued
Thursday, June 14, 2012
B
Deadline for receipt of all questions
regarding the RFP
Wednesday, June 20, 2012
AMEN
C
NP
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
Bid Proposal Deposit Due
Monday, July 9, 2012 at 3:00 P.M.
J•
E
Bid Proposal Submission Public
Opening
Monday, July 9, 2012
F
Proposal Grading Panel Evaluation
Process
Tuesday, July 10, 2012
G
Proposal Grading Panel-
Recommendations
Tuesday, July 24, 2012 (Tentative)
H
Final Recommendations, Selection
and Contract Award
Monday, August 6, 2012 (Tentative)
1
Final date for submission of Award
Protests
TBD
J
I Execution of Contract
TBD
K
Contract Performance Start Date
TBD
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25F -36
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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(9) City of Santa Ana
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 -1 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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(9) City of Santa Ana
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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City of Santa Ana
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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City of • • Ana
;V
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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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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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.l .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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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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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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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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(9) 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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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 2 1Code 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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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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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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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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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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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
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(9) City of • r 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.
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SECTION 5
PERSONNEL
5.1 PERSONNEL REQUIREMENTS
5. L l 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:
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,
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(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;
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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;
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O. 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.
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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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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
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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 l - 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)
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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 154
June 14, 2012
25F -73
City of • • Arra
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 155
June 14, 2012
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°.) 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)
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(9) 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;
I. 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 157
June 14, 2012
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(9) 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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(9) City of Santa Ana
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 159
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(9) 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 160
June 14, 2012
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(9) 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
�V &96111
(9) 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 162
June 14, 2012
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(9) City of Santa Ana
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
(I PAGE)
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.
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June 14, 2012
25F -82
City of • • Ani,
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.
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June 14, 2012
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(9) City of Santa Ana
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 165
June 14, 2012
25F -84
(9) City of Santa Ana
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 166
June 14, 2012
25F -85
(9) 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 167
June 14, 2012
SV &00 ][•J
(9) 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 168
June 14, 2012
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(9) City of Santa Ana
ITEM 11 EMS RESUME (continued)
(5 PAGE LIMIT)
Ten (10) Years 911 /Fire /EMS Experience
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 169
June 14, 2012
GV Z961961
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 169
June 14, 2012
GV Z961961
City of • • r
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 170
June 14, 2012
GV 969
(9) 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)
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 171
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 172
June 14, 2012
25F -91
City of • • Ana
Wr
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 173
June 14, 2012
25F -92
(9) City of Santa Ana
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 174
June 14, 2012
25F -93
0) 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 175
June 14, 2012
25F -94
(9) City of Santa Ana
ATTACHMENT NO. 1
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 "RFP "). 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:
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 176
June 14, 2012
25F -95
(9) 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.
Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 177
June 14, 2012
25F -96
(9 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
(2) 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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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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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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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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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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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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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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(9) 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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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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;:, City of Santa Ana
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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City of Santa Ana
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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(a City of Santa Ana
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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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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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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June 14, 2012
25F -112
(9) 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.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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(9) City of Santa Ana
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:
It
CITY OF SANTA ANA City Clerk
APPROVED AS TO FORM:
IN
CITY OF SANTA ANA Attorney
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June 14, 2012
25F -114
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 "RFP ").
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 11 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.
ETS91712 Page 10
25F -124
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
25F -125
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.
ETS91712 Page 13
25F -127
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.
ETS91712 Page 14
25F -128
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]
ETS91712 Page 15
25F -129
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.
Name
Title
CITY OF SANTA ANA
go
Paul M. Walters
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Laura Sheedy
Assistant City Attorney
ETS91712 Page 16
25F -130
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
25F -131
25F -132
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
AGREEMENT FOR ANNUAL
MAINTENANCE AND UPGRADE TO
POLICE DIGITAL IMAGING
MANAGEMENT SYSTEM
(July 1, 2012 — JUNE 30, 2013)
CITY VANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15f Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager, Chief of Police and the Clerk
of the Council to execute an agreement with Linear Systems for the continued maintenance and
upgrade of the Digital Imaging Management System (DIMS), which maintains all photographic
still, video and audio evidence for the city and police department, in an amount not to exceed
$33,325, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004
through Urban Area Security Initiative (UASI) funds and allows crime scene images to be
captured and stored digitally. It currently houses nearly five - hundred thousand crime scene
photographs and countless hours of crime scene video and audio footage. This system is a
compulsory investigative tool that assists in the successful documentation of extensive crime
scenes. Such a system is of paramount importance to criminal investigations and its
maintenance, continued security, and storage redundancy is undeniably obligatory.
The responsible vendor, Linear Systems, has been accommodating, professional and consistent
in it's servicing of the system thus far.
FISCAL IMPACT
Funds are available in the Police Department's Investigations Bureau / Forensic Services
Contractual Account # 01114455 62300.
Carlos Rojas"
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
.:� lz�� h,.-L Q-, �
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25G -1
25G -2
SEVENTH AMENDMENT TO LINEAR SYSTEMS
DIGITAL IMAGING MANAGEMENT SYSTEM
CONSULTANT AGREEMENT
THIS SEVENTH AMENDMENT TO AGREEMENT is entered into on this
day of , 2012, by and between Linear Systems ( "Consultant ") and the City
of Santa Ana, a charter city and municipal corporation of the State of California ( "City ").
RECITALS:
A. The parties entered into Agreement # A- 2005 -166, dated July 21, 2005, (hereinafter
"said Agreement ") by which Consultant has provided digital imaging software and
maintenance for use by the City's Police Department Forensic Division.
B. Said Agreement was subsequently amended by First Amendment to Agreement No.
A- 2006 - 166 -01, dated March 28, 2007, to include additional equipment and provided
extended warranties, support and maintenance.
C. Said Agreement was subsequently amended by Second Amendment to Agreement
No. A- 2006 - 166 -02, dated March 6, 2008, to extend the warranties, maintenance and
support and to set forth the parties' agreement as to the annual maintenance period.
D. Said Agreement was subsequently amended by Third Amendment to Agreement No.
A- 2009 -046, dated May 4, 2009, to extend the warranties, maintenance and support
and to set forth the parties' agreement as to the annual maintenance period.
E. Said Agreement was subsequently amended by Fourth Amendment to Agreement No.
A- 2010 -230, dated November 15, 2010, to provide equipment upgrades, extend the
term of software support and maintenance provisions, and increase compensation to
pay for the upgrades and support and maintenance.
F. Said Agreement was subsequently amended by Fifth Amendment to Agreement No.
A- 2011 -066, dated February 14, 2011, to expand the City's current 3.2 TB Digital
Imaging System server to a 16TB capacity to ensure continued support of all Santa
Ana Police Department's digital evidence assets, provide for training, temporary
storage systems as necessary during the expansion, provide for ongoing maintenance
and support services for the expanded system at no additional charge to City, and to
increase compensation to pay for costs related to the expanded system.
G. Said Agreement was subsequently amended by Sixth Amendment to Agreement No.
A- 2011 -236, dated July 1, 2012, to extend the warranty, maintenance and support
provisions for a one -year period and increase compensation to pay for the additional
services provided during the extended term.
H. In accordance with the terms and conditions of said Agreement, the parties wish to
amend said Agreement to extend the warranties, maintenance and support provisions
25G -3
for a one -year period and increase compensation to pay for these services during the
extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Seventh Amendment to Agreement, the parties agree as follows:
1. Section 3.a, COMPENSATION, shall be amended to increase compensation by an
amount not to exceed $33,325.75 to pay for on -site warranty, maintenance and support
services provided during the extended term as set forth in Exhibit A, attached herein and
incorporated by reference.
2. Section 4, TERM, shall be amended to extend the warranties, maintenance and
support for an additional one -year period from June 30, 2012 through June 30, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to
said Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Teresa L. Judd
Assistant City Attorney
25G -4
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
LINEAR SYSTEMS
(Print Name)
(Print Title)
EXHIBIT A
25G -5
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
APPROVAL OF OUTSIDE LEGAL
COUNSEL FEES OF $11,545.42
{ 1
CITY MANAGER
RECOMMENDED ACTION
Approve payment of legal fees in the amount of $11,545.42.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
The City has an existing legal services agreement with Richards Watson Gershon. The
agreement was approved by the City Manager upon the recommendation of the City Attorney.
The agreement provides for payment of up to $25,000 for legal services rendered in connection
with the Max Madrid v. City of Santa Ana case. The total fees incurred in successfully defending
the matter were $36,545.42. These fees are in excess of the City Manager's contracting authority
and require City Council approval for payment.
FISCAL IMPACT
Upon approval of the additional funding, funds will be available in the General Non - Departmental
Accounting Unit - Contract Services, Professional account (account no. 01105015 62300).
-AcIuA' � - C? U'z�r 41rl-
Sonia R. Carvalho
City Attorney
SRC:lo
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
29A -1
We
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
RESOLUTION AUTHORIZING
PARTICIPATION IN THE CALIFORNIA
STATE PARKS HABITAT CONSERVATION
FUND GRANT PROGRAM
< 6
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the submittal of a grant application in the amount of $200,000 to the
California State Parks Habitat Conservation Fund Program for the Outdoor Leadership Program.
DISCUSSION
The Habitat Conservation Fund Program was established under the California Wildlife Protection
Act of 1990 and provides grant funds for the enhancement, restoration and interpretation of
riparian habitats throughout the State. Approximately $2 million will be available this funding cycle.
The grant application requires a 50- percent match of non -State money, which is available through
general fund in -kind services, which includes budgeted operating expenses for the Santiago Park
Nature Center. Applications are due on October 1, 2012.
The Parks, Recreation and Community Services Agency proposes to submit an application for the
Outdoor Leadership Program. The program will educate and train teen volunteers to lead
interpretive tours for organized groups and individual park visitors at the Santiago Creek Wildlife
and Watershed Center and to lead outdoor educational programs and activities at Santiago Park
and other wilderness areas.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet,
Executive Director
Parks, Recreation and Community Services Agency
55A -1
55A -2
IssO9l6 /12
Resolution No. 2012-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING
THE APPLICATION FOR GRANT FUNDS
FROM THE HABITAT CONSERVATION FUND PROGRAM
FOR THE SANTIAGO PARK OUTDOOR LEADERSHIP PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The people of the State of California have enacted the California Wildlife
Protection Act of 1990, which provides funds to the State of California for grants to local
agencies to acquire, enhance, restore or develop facilities for public recreation and fish
and wildlife habitat protection purposes ( "HCF Program ") ; and
B. The State Department of Parks and Recreation has been delegated the
responsibility for the administration of the HCF Program within the State, setting up
necessary procedures governing project application under the program; and
C. Said procedures established by the State Department of Parks and
Recreation require the City of Santa Ana to certify by resolution the approval of
application(s) before submission of said application(s) to the State; and
D. The City of Santa Ana will enter into an Agreement with the State of
California to complete the project(s).
Section 2. The City Council approves the filing of an application for the Habitat
Conservation Fund Program, in the amount of $200,000, to implement an outdoor
leadership program to educate and train teen volunteers to lead interpretive tours and
educational programs at the Santiago Creek Wildlife and Watershed Center.
Section 3. The City Council certifies that the City has or will have available,
prior to commencement of any work on the project included in this application, the
required match and sufficient funds to complete the project.
Resolution No. 2012 -
Page 1 of3
55A -3
Section 4. The City Council certifies that the City has or will have available
prior to commencement of any work on the project(s) included in this application,
sufficient funds to operate and maintain the project(s).
Section 5. The City Council certifies that the City has reviewed, understands
and agrees to the General Provisions contained in the Contract shown in the grant
administration guide.
Section 6. The City Council appoints the City Manager, or the Executive
Director of the Parks, Recreation and Community Services Agency or his designee, as
agent for the City of Santa Ana to conduct all negotiations, execute and submit all
documents, including but not limited to applications, agreements, amendments,
payment requests and so on, which may be necessary for the completion of the project.
Section 7. The City Council agrees to comply with all applicable federal, state
and local laws, ordinances, rules, regulations and guidelines.
ADOPTED this day of , 2012.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Laura Sheedy
Assistant City Attorney
Resolution No. 2012 -
Page 2 of 3
Miguel A. Pulido
Mayor
55A -4
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN Councilmembers
NOT PRESENT Councilmembers
CERTIFICATE OF ATTESTATION & ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2012 - to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council, City of Santa Ana
Resolution No. 2012 -
Page 3 of 3
55A -5
LAWMM-O,
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 17, 2012
TITLE:
SUNSHINE ORDINANCE
1
C --
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Discuss SACReD's proposed Sunshine regulations, staff's alternative proposal and take one of
the following actions:
1. Direct staff to prepare a revised ordinance and schedule for next City Council meeting on
October 1, 2012,
2. Introduce and hold first reading of ordinance, as prepared by staff,
3. Provide additional direction.
BACKGROUND
On June 14, 2012, the Ethics Committee considered a draft Sunshine Ordinance submitted by
Santa Ana Collaborative for Responsible Development (SACReD). Sunshine Ordinances typically
encompass expansion of the Brown Act and Public Record Act concepts. SACReD's proposal
would go beyond the typical Sunshine regulations to include a broader focus on open government
as it applies to development projects. Although staff believes that the City has transparent
processes and conducts business in an open manner, at the July 2, 2012 City Council meeting the
City Council directed staff to meet with representatives from SACReD to listen to and solicit their
issues and concerns and to subsequently develop a set of proposals for the Council to consider.
The summary below identifies each of the proposals made by SACReD and some alternative
approaches.
DISCUSSION
There are six main categories covered by the proposed Sunshine Ordinance:
1. Site Plan Review Pre - Application Meetings
2. Increased Notification of City Legislative Meetings
3. RFP Evaluation Panels
WSA -1
Sunshine Ordinance
September 17, 2012
Page 2
4. Budget Outreach and Strategic Plan
5. Open Calendars
6. Lobbyist Registrations
1. Site Plan Review Pre - Application Meetings
The Santa Ana Coalition for Responsible Development (SACReD) has requested that the
City consider requiring early community meetings for significant development projects, and
the City Council has directed staff to make recommendations in this regard.
Existing Transparency
It is important to note that the City has informally implemented similar types of measures for
a number of years. Most recently, for example, the City worked with Orangewood
Children's Foundation to ensure that the community was involved in the approval process
for the Academy Charter High School.
Any New Requirements Should Meet Certain Goals
So long as the requirements are balanced, staff is supportive of formalizing the existing
community meeting practices. Four goals have guided this analysis and staff
recommendation. Staff believes that the requirements should not:
1. Lengthen the development process
2. Add significant new costs for applicants
3. Require significant additional City resources, staffing or otherwise
4. Be overly complicated to implement
Community Meeting Should Only Apply to Larger, More Complex Projects
The recommended ordinance requires one community meeting be conducted at the
beginning of the development review process. This requirement would apply only to the
larger, more complex projects such as: City- sponsored projects (including but not limited to
those that involve a development agreement or a disposition and development agreement),
new residential projects with 25 or more units; new non - residential projects with buildings
that are greater than 10,000 square feet in size and involve a Negative Declaration or
Environmental Impact Report; projects that involve changes to General Plan, zoning, or
Specific Plan.
WSA -2
Sunshine Ordinance
September 17, 2012
Page 3
Community Meetings Should Occur Early and Not Delay Development Projects
In order to ensure that the community outreach does not otherwise delay the development
process, the community meeting must be conducted within about three weeks after the City
receives the development application. The recommended ordinance sets forth timeframes
to make sure this happens.
Bilingual Public Notice Should Be Provided, Be Sent to Both Property Owners and
Residents
The recommended ordinance requires a 10 -day public notice be provided by the applicant
prior to the community meeting. This notice would be sent to both property owners and
residents within a 500 foot radius of the project site, and be provided in both English and
Spanish. The recommended ordinance also requires that the notice be published in a
newspaper of general circulation, and be posted on the project site. The City's current
informal practice for community meetings relies on notifying the community by working with
the nearby neighborhood association leaders, rather than sending formal mailed notices.
And to be consistent staff recommends that the City include both property owners and
residents in all other notices the City sends concerning development projects. This would
have a fiscal impact to the City estimated at $8,500 annually. It is further estimated that
these notice requirements would add $700 in costs to the average applicant.
Communitv Meetings Should Be Convenient
The recommended ordinance provides that the community meeting be conducted at times
and locations that are convenient for community members. Early evenings or Saturdays are
preferable, though adjustments are acceptable if they better serve the community members
who are planning to attend. The recommended ordinance also provides that the community
meetings take place within one mile of the project site, or at the closet City facility.
Community Meetings Should Provide Translation Services When Requested
The recommended ordinance provides that an applicant make translation services available
should it receive a request prior to the meeting. Based on City experience, and assuming a
two -hour meeting, it is estimated that this requirement will cost an applicant $200 when
translation services are necessary.
Written Summary of Community Meetings To Be Part of the Public Record
The recommended ordinance requires an applicant to provide the City with a summary of
the community meeting. The meeting summary would become part of the public record
WSA -3
Sunshine Ordinance
September 17, 2012
Page 4
and would be included as an attachment to applicable Planning Commission and City
Council staff reports.
2. Increased Notification of City Legislative Meetings
SACReD recommends a 14 -day advance notification of all Regular Meetings, 72 -hours for
Special Meetings and Spanish translation of all notices.
An alternative staff recommendation is to increase notification of regular meetings from 72-
hours to 96 -hours and have agendas identify all upcoming public hearings at least 14 -days
in advance, as well as list future "major projects." The special meetings would remain the
same with a 24 -hour advance noticing requirement to allow for emergency or time sensitive
matters to be considered. Finally, translation of agendas and notices are available on all
City webpages through a free translation application referred to as "Google Translate" that
allows for up to 64- languages. There are no fiscal impacts to implement this provision.
3. RFP Evaluation Panels
SACReD recommends that an independent panelist serve on the selection panels for all
RFP or RFQ processes valued at $50,000 or more.
An alternative recommendation is to adopt a provision similar to the City of Gilroy's
Sunshine Ordinance, requiring that all RFP's be posted on the City's website from the date it
was issued up to a period of 30 days after it is awarded. Additionally the website would be
updated to include the name of the person or company awarded the contract upon award.
Communications between the bidders and the City would be open to inspection immediately
after a contract has been awarded.
Assigning an outside panelist to the RFP or RFQ evaluation panel raises serious concerns
regarding confidentiality and the City's ability to maintain the integrity of the RFP /RFQ
process. The information considered by a panel in the review process extends beyond
price to consider other factors such as responsiveness of the proposal, experience, past
performance, qualifications of the firm, methodology, and performance schedule. It is an
extended and complex process that requires strict confidentiality to ensure a fair and
objective evaluation.
City staff is highly regulated by the Santa Ana Municipal Code and personnel policies to
ensure that conflicts of interest, other improprieties, or appearances thereof do not exist.
These include, but are not limited, Political Reform Act — Conflict of Interest Code and Form
700, City of Santa Ana Gift Ban, Code of Ethics, and applicable Federal and State
Regulations.
WSA -4
Sunshine Ordinance
September 17, 2012
Page 5
The City has no ability to ensure that an outside panelist is independent nor does it have a
mechanism to enforce compliance with the RFP /RFQ process and regulations that City
officials and staff are held to. The inability to ensure or enforce compliance comprises the
RFP /RFQ process and may jeopardize the City's ability to negotiate and obtain services at
optimum price.
4. Budget Outreach and Strategic Plan
In preparation of the City budget and the pending strategic plan, staff has incorporated a
variety of public outreach initiatives. During the normal budget adoption process,
presentations are made to neighborhood associations, business forums and employee
groups. To ensure public viewing of the document, staff places the budget on the website,
CityNews, and available as a hard copy at the City Libraries and City Hall. To ensure more
educational outreach to the community on the budget, staff would work to host an
informative session prior to the budget adoption to assist constituents understand the
budget and to add comment and suggestions. Staff would also be available to meet with
any group upon request.
Regarding the strategic plan, prior to adoption, the plan would include a number of
community outreach meetings to solicit feedback. These comments would be shared with
Council and staff to incorporate as appropriate into the plan.
5. Open Calendars
An alternative two -tier calendaring option is presented whereby the calendars of elected
officials would be posted on -line while the department head calendars would be accessible
pursuant to a public records request. There will be exemptions from disclosures based on
policy and legal reasons such as meetings relating to attorney client or work product as well
as meetings relating to personnel issues. An alternative Open Calendar Option would not
mandate posting of council calendars on -line. It also would not apply to department heads.
In addition, Councilmembers would be required to make public a monthly calendar that is
updated throughout the month with additions and /or deleted meetings.
6. Lobbyist Registrations
SACReD proposes lobbyist provisions that would require lobbyists who are attempting to
influence City legislation, administrative decisions, or City Council elections or local initiative
measures to register with the Clerk of the Council.
An alternative staff recommendation models the City of Milpitas' ordinance that allows
special interest lobbyist that receive at least $250 total compensation in any month to
register with the Clerk of the Council Office.
WSA -5
Sunshine Ordinance
September 17, 2012
Page 6
The disclosure requirement would be triggered for all of the following:
1. Compensation for lobbying
2. Campaign contributions to elected City officials
3. Fundraising activities on behalf of elected City officials
4. Contributions to political campaigns or charities made at the behest of City officials
5. Payments received for services as a consultant to the City or any other agency of the
City
6. Any compensated work performed as a campaign consultant for any elected City official
Staff does not recommend adopting mandatory registration provisions as these would be
redundant of laws and regulations that currently exist at the State level, however a self -
policing provision be adopted. There are minimal fiscal and staff impacts associated with
this provision estimated at less than $5,000 annually.
FISCAL IMPACT
There are fiscal impacts associated with these items. Additional staff resources are needed to
implement a variety of these proposals. Further, there are specific impacts to the business
community for requirements associated with the additional notification requirement during the Site
Plan Review process. There are also potential impacts to vendors and lobbyists conducting
business with the City. A more detailed analysis would need to be done to obtain a more thorough
fiscal impact.
Paul M. Walters
City Manager
WSA -6
Qxs 09/13/12)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
ARTICLE 11.1 through ARTICLE 11.111 to CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE RELATING TO THE CITY
OF SANTA ANA SUNSHINE ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. That all public agencies' actions, to the greatest extent possible, should be
taken openly and that their deliberations be conducted openly.
B. An informed public is essential to democracy. It is the goal and intent of
the City of Santa Ana Sunshine Ordinance that citizens of Santa Ana have
timely access to information, opportunities to address the various
legislative bodies prior to decisions being made, and easy and timely
access to public records.
C. The City Council's duty is to serve the public, reaching its decisions in full
view of the public.
D. The City Council, appointed legislative bodies, and other city officials exist
to conduct the People's business.
E. The City Council reaffirms its commitment to the purpose of the Brown Act
that "all meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting of the
legislative body of a local agency."
F. That while the Brown Act and Public Records Act exist to facilitate public
participation in local government decisions and to curb misuse of the
democratic process by secret legislation by public bodies, the Santa Ana
Sunshine Laws are designed to reaffirm and strengthen the need for
transparency as represented by these laws.
G. The City Council enacts this Sunshine Ordinance to ensure that the
people of Santa Ana remain in control of the government that they have
created.
Ordinance No. NS -XXX
WSA -7 Page 1 of 10
SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of
Exemption will be filed if this ordinance is adopted.
SECTION 3. Chapter 2, ARTICLE 11.1, Section 2 -150 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE 11.1
PUBLIC ACCESS TO MEETINGS
Sec. 2 -150. — Meetings and Agenda Postings for City Council
Pursuant to Government Code Section 54953.7 of the Brown Act the City
of Santa Ana is imposing the following additional requirements on itself to allow
greater community access to its meetings:
(1) City Council meeting agendas as required by the Brown Act must be
posted at least 96 hours before the meeting.
(2) Notices can be accessed online at the City's web site in various languages
including Spanish through use of Google Translation.
(3) Agendas will list future items on major projects. The list of "major projects"
identified for the City Council agenda will be compiled at the discretion of
the City Manager.
SECTION 4. Chapter 2, ARTICLE 11.11, Section 2 -151 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE 11.11.
PUBLIC MEETINGS FOR CERTAIN DEVELOPMENT PROJECTS
Sec. 2 -151. — Definitions
For purposes of this article, the following terms have the following respective
meanings:
a) Public subsidy: As used in this division, the term "public subsidy" means
financial assistance provided by the City, including, but not limited to:
grants; rent subsidies or reductions; loans; loan forgiveness; City- issued
bond financing; a sale or lease of City - assembled land for less than its fair
market value (i.e., a "land write - down "); a Development Agreement or
Disposition and Development Agreement; contingent obligations taken on
Ordinance No. NS -XXX
Page 2 of 10
WSA -8
by the City such as any guarantee or pledge of City funds; and any City
fee or tax reduction or waiver.
b) City- sponsored development project: any development project that has
received or will receive public subsidy from the City of Santa Ana.
C) Community meeting: any meeting required pursuant to Section Sec. 2-
153(a) whose purpose is to provide input into the review of development
projects.
SECTION 5. Chapter 2, ARTICLE 11.11, Section 2 -152 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2 -152. — Plan Approval
Prior to the submittal of the application for discretionary approval which
meets the criteria of Section Sec. 2- 153(a), the applicant shall meet all community
meeting requirements as set forth in section 2- 153(a).
SECTION 6. Chapter 2, ARTICLE 11.11, Section 2 -153 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2 -153 — Public input through community meetings prior to discretionary
approval
(a) Applicability: The requirements of ARTICLE 11.11 apply to
development projects requiring discretionary approval and that meet one or more
of the following criteria:
1. City- sponsored development projects;
2. New residential projects containing 25 or more units;
3. New non - residential projects (including additions to existing
buildings) of 10,000 square feet or more and which are subject to a
Negative Declaration or Environmental Impact Report as defined
under the California Environmental Quality Act;
4. Development projects requiring a zone change, Specific Plan
amendment, or General Plan amendment.
Ordinance No. NS -XXX
WSA -9 Page 3 of 10
(b) Number and timing of community meeting: For those development
projects that meet the criteria listed in Sec. 2- 153(a) the applicant shall hold one
community meeting no later than 20 days after submittal of an application for
administrative site plan review. Should the applicant fail to hold the community
meeting within this time, the completion of administrative site plan review shall be
delayed until such time as the community meeting is held.
(c) Noticing: Notice of the community meeting shall be provided to all
property owners, and occupants having a valid United States Postal Service
address within a 500 foot radius of the subject property. Said notice shall be
mailed no less than 10 days prior to the community meeting. The notice shall
also be posted on the development project site and published in a newspaper of
general circulation no less than 10 days prior to the community meeting. The City
shall then post the notice on the City's website. It shall be the sole responsibility
of the applicant to prepare and distribute this notice.
(d) Notice content: The notice shall include the time, place and date of
the community meeting; a map depicting the location of the subject property,
including the properties contained within the notification boundary; a brief
description of the project; and the applicant's contact information. The notice
shall be written in English and Spanish and include instructions as to how to
request language interpretation services for those wishing to have interpretation
during the community meeting in languages other than English.
(e) Community meeting time and place: The community meeting
should be held either on a weeknight during the early evening hours or on a
Saturday. If there are special circumstances under which it is more convenient
for the meeting attendees to attend the meeting at a different time, the applicant
may adjust the meeting time accordingly. The meeting shall be held in any facility
that is accessible to the public and that is no more than 1 mile from the project
site. Should there not be any such facilities available in the required area, the
applicant may arrange, at their own expense and subject to availabijity, to use
the next closest City facility.
(f) Community meeting language interpretation: Should the applicant
receive a request for language interpretation services prior to the meeting, it shall
be the applicant's responsibility to arrange for such services to be available at the
community meeting.
(g) Community meeting format and content: During the community
meeting the applicant should give a presentation detailing the components of the
proposed development project and a description of any impacts or benefits to the
community, and provide contact information so that members of the public can
contact them for further information. The applicant should allow enough time for
the attendees to ask questions and provide input. The applicant shall prepare
Ordinance No. NS -XXX
Page 4 of 10
WSA -10
detailed minutes of the meeting including a written record of the comments
provided by the community members.
(h) Providing information to City after community meeting: Not less
than four days following the community meeting the developer shall submit an
affidavit under penalty of perjury that the required community meeting was held
in compliance with this section and will submit copies of all notices, notification
lists, site postings, advertisements, or other communications used to publicize
the meeting. The applicant shall also provide a copy of the minutes and the
written record of the public comments made at the community meeting. The
public input will be made part of the public record and included as attachments to
Planning Commission staff reports.
(i) Notice of planning commission public hearings shall be in
conformance with the requirements provided in section 2- 153(c), except that it
shall be the responsibility of the applicant to provide the director of planning and
development services the mailing lists of the names and addresses of those
entitled to receive notice under subsection 2- 153(c). The noticing provisions
contained 2- 153(c) shall supersede those contained in section 41 -672.
SECTION 7. Chapter 2, ARTICLE 11.111, Section 2 -154 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE 11.111.
PUBLIC INFORMATION AND PUBLIC RECORDS
Sec. 2 -154 — Access to Contracts, Bids and Proposals
(a) All initial City Requests for Proposals ( "RFP's ") shall be kept in a
central repository and shall be made available for public inspection upon request.
In addition, RFP's shall be placed on the City's website for a period from the date
the RFP was issued to the date that the RFP is due and for a period of 30 days
after the RFP is awarded the City shall notice on the City website the name of the
person or company awarded the contract.
(b) Contracts, contractors' bids, responses to requests for proposals
and all other records of communications between the department and persons or
firms seeking contracts shall be open to inspection immediately after a contract
has been awarded. Nothing in this provision requires the disclosure of a private
person's or organization's net worth or other proprietary financial data submitted
for qualification for a contract or other benefit. All bidders and contractors shall
be advised that information provided which is covered by this subdivision will be
made available to the public upon request. Immediately after any review or
evaluation or rating of responses to a RFP has been completed, a ranking of the
firms can be made available. Evaluation forms and score sheets used by
Ordinance No. NS -XXX
WSA -11 Page 5 of 10
persons in the RFP evaluation or contractor selection process may be made
available for public inspection after contract negotiations have been concluded.
SECTION 8. Chapter 2, ARTICLE 11.111, Section 2 -155 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
CALENDARS OPTION 1:
Sec. 2 -155 — Calendars of Certain City Officials
(a) Members of the City Council (including the Mayor), the City
Manager, Clerk of the Council, City Attorney, Community Development Agency
Director, Finance and Management Services Director, Parks, Recreation and
Community Services Director, Planning and Building Director, Planning and
Building Director Police Chief, Director of External Affairs, and Public Works
Director shall maintain a monthly City Calendar.
(b) The Calendar shall include all scheduled City - related appointments,
meetings, including regular and special City Council meetings, public events or
speaking engagements, meetings with developers, meetings with union
representatives, meetings with consultants, meetings with lobbyists, regional
meetings, and meetings of subcommittees or task forces. The description shall
include the meeting's duration, and shall include a listing of all principal
individuals present at these meetings.
(c) The Calendars of the Mayor, City Council, and City Manager shall
be a public record subject to inspection during normal business hours at the
office of the Clerk of the Council and additionally available in electronic format on
the City's official website. Council members shall be trained in the operation and
procedures for entering or re- entering data into an automated calendaring
system maintained on the City's website. The Calendars of the other department
heads listed in subsection (a) shall be subject to inspection as a public record but
need not be maintained on -line.
(d) Each City - related appointment must include the following
information: name(s), title(s), affiliated organization(s) and a general statement of
the issues discussed. The following information shall be exempted:
(1) Personal appointments;
(2) Information protected by the attorney - client privilege;
(3) Information about attorney work product;
(4) Information about City staff recruitment;
(5) Information about a personnel issue;
(6) Information about corporate recruiting and retention;
Ordinance No. NS -XXX
Page 6 of 10
WSA -12
(7) Information about criminal investigations and security;
(8) Information about whistle blowers;
(9) Information about those who may fear retaliation; and
(10) Information that is otherwise prohibited from disclosure.
CALENDARS OPTION 2:
Sec. 2 -155 — Calendars of Certain City Officials
Members of the City Council (including the Mayor) shall maintain a
monthly City Calendar. The Calendar shall include all scheduled City - related
appointments and meetings related to:
(1) Meetings of public bodies;
(2) Public events or speaking engagements;
(3) meetings with developers having current projects under review by
the City;
(4) meetings with union representatives to discuss pending City
negotiations;
(5) County or regional task forces or subcommittees; and
(6) Meetings with lobbyists
The calendar shall be made available on the 1St of each month and shall
reflect the schedules of the previous month.
- - -- -SAMPLE
Monday, September 10, 2012
MP Meeting at OCTA Bd 10am
Meeting with Supervisor at noon re Homeless Shelter
ST Meeting with City Manager noon
Ethics Committee mtg 7pm
VS Meeting with applicant and staff at 5pm
DB Presentation to Boys and Girls Club
MM Meeting with South Main Assoc
CA Meeting with City Manager re OCFA operations
SECTION 9. Chapter 2, ARTICLE 11.111, Section 2 -156 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2 -156 — Lobbyist Registration
Ordinance No. NS -XXX
WSA -13 Page 7of10
For purposes of the Santa Ana Sunshine Ordinance and this article, the following
terms have the following respective meanings:
(a) LOBBYISTS ON BEHALF OF THE CITY
(1) "City Lobbyist" means (i) any person or entity that is designated to
represent the City and (ii) that receives compensation for
influencing legislative or administrative action or that compensates
its employees or members for their lobbying activities.
(2) No person shall be deemed a lobbyist on behalf of the City under
section (a), unless that person receives or becomes entitled to
receive at least $250 total compensation in any month for
influencing legislative or administrative action on behalf of the City
of Santa Ana. No business or organization shall be deemed a
lobbyist under section (a) unless it compensates its employees or
members for their lobbying activities on behalf of the City of Santa
Ana, and the compensated employees or members have at least
25 separate contacts with local, state, regional or national officials
for the purpose of influencing legislative or administrative action
within any two consecutive months. "Total compensation" shall be
calculated by combining all compensation received from the City of
Santa Ana during a month of lobbying activities on matters at the
local, state, regional or national level. "Total number of contacts"
shall be calculated by combining all contacts made during a two -
month period on behalf of the City of Santa Ana for all lobbying
activities on matters at the local, state, regional or national level.
(3) Funds of the City of Santa Ana shall not be used to support any
lobbying efforts to restrict public access to records, information, or
meetings, except where such effort is solely for the purpose of
protecting the identity and privacy rights of private citizens.
(b) REGULATIONS GOVERNING SPECIAL INTEREST LOBBYISTS AND
CONTACTS WITH ELECTED OFFICIALS
(1) "Special Interest Lobbyist" means any person or entity that is paid
by and represents any non -City agency, organization, or entity
seeking to influence City policy.
(2) Special Interest Lobbyists may file a report with the Clerk of the
Council specifying the general nature of the issues they are trying
to influence, compensation ranges received from their clients, all
campaign contributions to elected City officials, all fundraising
activities conducted on behalf of elected City officials, all
contributions to political campaigns or charities made at the behest
Ordinance No. NS -XXX
Page 8 of 10
WSA -14
of City officials, all payments received for services as a consultant
to the City or Redevelopment Agency, and any compensated work
performed as a campaign consultant for any elected City official.
The City may institute a registration fee established by the City
Council.
SECTION 10. Chapter 2, ARTICLE 11.111, Section 2 -157 of the Santa Ana
Municipal Code is hereby added such that it reads as follows:
Sec. 2 -157 -- Public Meetings related to City three -year Strategic Plan and Annual
Budget
(a) From time to time, the City Manager will coordinate a public meeting to present
the City's three (3) year Strategic Plan to the community. The purpose of the
meeting will be share the City's plan and goals with the community and to gain
public input on any issues related to the City's three (3) year Strategic Plan.
(b) In preparation for the annual budget, upon request, staff will make itself available
to coordinate, at various public locations throughout the city, community
meetings with neighborhood associations, community groups, and others,
meetings to discuss the budget process and any other issues related to the
budget.
SECTION 11. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2012.
Miguel A. Pulido
Mayor
Ordinance No. NS -XXX
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
(name)
City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on ' and that said ordinance was published in
accordance with the Charter of the City of Santa Ana,
Date:
Ordinance No. NS -XXX
Page 10 of 10
Clerk of the Council
City of Santa Ana
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Santa Ana Collaborative for
Responsible Development (SACReD)
Proposal
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POLICY 1- PRE - MEETING AND HEARING REQUIREMENTS FOR DEVELOPMEN`I,
PROJECTS (SAMC 41.688 ET. SEQ.)
GOAL
Developers should inform and take input from the public about certain projects before submitting the
project application to the City
EXISTING LAW /POLICY
No such requirement exists before application is filed. Hearing is required only for certain projects.
(SAMC 41.688 et. seq.)
PROPOSED POLICY FOR PRE - APPLICATION MEETING REQUIREMENT
Development projects will be redefined to include "the commencement of operation of a retail facility
or business having 15,000 square feet or more of floor area following a change in ownership of that
facility or business ".
The following development projects are required to have the pre - application meetings:
(1) that receive a public subsidy;
(2) that require a specific plan, general plan update, or a zoning code amendment;
(3) that may result in the displacement of residents;
(4) that will include 25 residential units or more, except where 100% of the residential units will be
affordable to households with incomes at or below 80% of the Area Median Income for a term of at
least 30 years;
(5) that will seek or require a liquor license;
(6) that contain commercial and adjacent to a residential zone;
(7) that are commercial and contain 15,000 square feet or more of floor area or have anticipated
annual gross revenue in excess of $10 million;
(8) that contain office space, will result in over 300 new vehicle trips daily and are within 2,000 feet of a
residential area, pubic park or school;
(9) that contain office space and are within 1,000 feet of residential area, public park or school;
(10)that are within 3,000 feet of a residential area, public park or school and will involve (a) the
production or use of toxic chemicals, (b) waste management, or (c) heavy manufacturing; or
(11)that will have any industrial use within 300 feet of a residential zone.
(12)that will impact a structure designated by a government body as having historical or cultural
significance.
The pre - application meetings will be conducted in the following manner:
1. Each person or entity seeking plan approval for a development project under this division must
obtain community input about that development project by holding two public meetings in
accordance with this section, the first occurring at least 240 days before the person or entity files
the application for plan approval, and the second occurring between 7 and 14 days before the
person or entity files the application for plan approval.
2. At the first public meeting, the developer will provide an accurate description of the basic features
of the project, including any impacts on or benefits to the public. The developer will reserve at least
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1 hour at the end of the meeting to allow questions and comments from all attendees. These
questions and comments must be accurately recorded by the developer and brought to the second
meeting. At the second meeting, the developer will provide a draft of its application for plan
approval, a detailed description of the project, an accurate description of any impacts on or benefits
to the public, the record of oral and written public comments made at previous meeting(s), and a
description of the ways in which it has incorporated input received from the public into its plans for
the project.
3. To maximize community involvement, the community meetings must be held within 3 miles of the
development site and on a weekday between 6 pm and 8 pm or Saturday between 9 am and 5 pm.
4. The developer will create an accurate record of public comments made during the public meetings
and will make that record available to the City and any member of the public upon request.
5. Not less than 14 days prior to a public meeting, the developer will provide notice by direct mailing of
the time and place of the public meeting in English and the primary languages of the residents
impacted by the development project to all persons including businesses, corporations, or other
public or private entities owning real property or residing within 1000 feet of the development
project and to any person who requests such notice. The notice shall include any materials that the
developer will provide to the public at the meeting, including any project description.
6. Not less than 14 days prior to a public meeting, the developer will advertise the public meeting in at
least two local newspapers in English and two in the primary languages of the residents impacted by
the development project; city web -site; the local station, channel 3; and at local schools within the
impact zone,.
7. The developer will ensure contemporaneous language interpretation at the community meetings in
the primary languages of the residents impacted by the development project. The developer will
create and keep attendance records with the names of the persons that attended the community
meetings. The developer shall submit an affidavit under penalty of perjury that the required
community meetings were held in compliance with this section and will submit copies of the
advertisements, attendance records of the community meetings, and the record of the public
comments made at the community meetings with application for plan approval.
GOAL 11
The City should conduct hearings and give better notice about the hearings to the public on all projects
that require a pre - application meeting. The developer should hold a pre- hearing meeting similar to the
pre - application meeting 15 -21 days before the hearing.
EXISTING LAW/POLIGY
Hearing is required only for certain projects. Only 5 days notice is required for property owners within
300 feet of the development (SAMC 41.672). The developer is not required to hold a pre- hearing
meeting with the public.
E'I OPO sE'D POLICY FOR DEVEE.OPINIE \I'1 PROJECT HEARINGS
1. A public hearing shall be held for all development projects that require a pre - application meeting.
The city will give notice of the hearing by mail 14 days prior to the hearing to all person who
reside or own property within 1000 feet of the development
2. For development projects that must comply with the pre - application meeting requirement, the
developer must hold an additional public meeting that complies with the requirements of the
pre - application meeting requirements, 15 -21 days before the hearing. At this public meeting the
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developer will provide a summary of the issues and purpose of the hearing, a draft of any
material to be presented at the hearing, a detailed description of the project, an accurate
description of any impacts on or benefits to the public, the record of oral and written public
comments made at previous meeting(s), and a description of the ways in which it has
incorporated input received from the public into its plans for the project.
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POLICY 2- INCREASED NOTIFICAT[ON OI,' CITY LEGISLATIVE MEUYINGS
(t0AL
Give the public more notice about city business to increase public participation in the legislative process
EXISTING LAW/POLICY
Presently the City of Santa complies with the minimum notification required by the Brown Act. 24 hours
notice for special meetings and 72 hours agenda publication for regular meetings.
PROPO EI) POLICY FOR PRE - APPLICATION MEETING REQUIRENIE,\'
Pursuant to Government Code Section 54953.7 of the Brown Act the City of Santa Ana is imposing the
following additional requirements on itself and its appointed legislative bodies to allow greater
community access to its meetings:
I. Special meetings as defined in the Brown act must be noticed at least 14 days before the
time of the meeting.
2. Meeting agendas as required by the Brown act must be posted at least 14 days before the
meeting.
3. All notifications must be noticed or posted in English and Spanish.
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POLICY 3- INDEPENDENT COMMUNITY EXPERT IN RFP /RFQ PANELS FOR
DEVELOPMENT PROJECTS
GOAL
Ensure that RFP /RFQpan.els who recommend recipients for awards of public funding, benefits, or
property f6,r�development project have at least one independent community expert to assist with the
decision. The scoring or ranking of the proposals /application shall be posted in the City website before
the panel submits its recommendation to city council for approval.
EXISTING LAW/POLICY
There is no such requirement in the SAMC.
PROPOSED POLICY
1. The city council shall appoint by a majority vote at least one independent panelist, who is
employed by a 501(c)(3) non - profit, to each panel that scores RFPs and RFQs for
development projects as defined in section 41 -668.
2. Each RFP and RFQ scoring panel shall have at least one independent panelist for every 10
panelists.
3. The independent panelist shall have expertise in the subject matter of the RFP and RFQ to
ensure meaningful participation in the decision making process.
4. The independent panelist shall not be employed by the city or any of the applicants for the
RFP /RFQ and shall not be a direct relative of anybody employed by the city or any of the
applicants for the RFP /RFQ.
5. The independent panelist shall be appointed for a term of two (2) years and shall be trained
to ensure meaningfully participation in the decision making process.
6. Score sheets, names of scorers, and comments made by the review panel shall be made
available to the public immediately after the RFP /RFQ panels decides on a recommendation
and before it submitted to City Council for approval.
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POLICY 4- BUDGET OUTREACH HEARINGS MATRIX
GOAL
Obtain community input before the budget is approved by City Council and make the budget process
more accessible to community members.
EXISTING LAW /POLICY
Section 604 of the Santa Ana Charter controls the yearly budget creation process. Only one public
hearing is required before the budget can be approved by City Council. Only 10 days notice of this
hearing is required. Section 604 cannot amended by city council without voter approval. (Section 1500)
PROPOSED POLICY FOR SANTA ASIA MUNICIPAL CODE
The City Manager shall hold two public hearings regarding the budget in each City Council ward prior
to recommending and submitting the budget proposal to the City Council under Section 605 of the
City Charter.
b. The public hearings will be held, one at least ninety (90) days and the second at least forty -five (45)
before the City Manager recommends and submits a proposed budget to the City Council.
At the public hearings, the City Manager will provide an analysis of reserves; a breakdown of salaries
and compensation for city staff executives highlighting any increases in pay; and a comparison of the
original budget projections to what has actually been spent to date, including an explanation for any
substantial modifications or changes in the budget . There shall be at least 1 hour of time
designated for oral and /or written comment public comment, and a record kept of all public
comments.
d. In the second hearing, The City Manager will provide a draft of the proposed budget, the records of
public comment from previous meetings, and a description of the ways in which it has incorporated
input received from the public into the proposed budget..
e. The public hearings will be held in a public and accessible location that can seat at least 50 persons.
To maximize community involvement, each budget outreach hearing will be held at an easily
accessible site within its respective ward and on a weekday between 6 pm and 8 pm or Saturday
between 9 am and 5 pm. The budget hearings will be advertised in at least two local newspapers in
English and two newspapers in the primary language at least fourteen (14) days before the public
hearings.
g. The City will ensure contemporaneous language interpretation at the budget outreach hearings in
the primary language(s) of the residents impacted by the budget.
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POLICY 5 -OPEN CALENDARS
GOAL,
In order to ensure public confidence and the integrity of local government, certain city official should
have their calendars accessible for public review.
EXIST iNG LAW/POLICY
There is no such requirement in the SAMC.
PROPOSED POLICY
Members of the City Council (including the Mayor), Department Directors, Planning Commission and the
City Manager shall maintain a monthly City Calendar form which includes but is not limited to all City -
related appointments, meetings, including regular and special City Council and Planning Commission
meetings, public events or speaking engagements, meetings with developers, meetings with
consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces,
but not to include social and personal events. The description shall include the meeting's duration, and
shall include a listing of all principal individuals present at meetings with developers, meetings with
consultants, and meetings with lobbyists. The Mayor, City Council, City Manager and Planning
Commission members shall submit the updated calendar forms for the prior month onto their individual
on -line calendars which shall be maintained and available to the public on the City website. Council
members and Commissioners shall be trained in the operation and procedures for entering or re-
entering data into an automated calendaring system maintained on the City's website.
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POLICY 6- LOBBYIST ORDINANCE MATRIX
GOAL I
In order to ensure public confidence and the integrity of local government, lobbyists should be required
to register themselves and file disclosure reports regarding the nature of their lobbying efforts,
compensation, donations, and fundraising efforts with the City Clerk. The city clerk should make the
registration and disclosure reports easily available to the public.
EXIS PING JAW/POLICY
The City of Santa Ana presently does not require lobbyists to register or file quarterly reports. SAMC
only mentions lobbyist in Section 2 -851 which regulates gifts to public officials.
PROPOSED POLICY
1. "Lobbyist" means a person or business entity that receives $250 or more in a calendar year for
communicating, using any means, with City officials or employees to influence current or future City
legislation, administrative decisions, or City Council elections or local initiative measures.
2. The following persons or entities are exempt from the requirements of the Lobbyist Ordinance:
a. Any public official acting in his or her official capacity, and any government employee acting
within the scope of his or her employment.
b. Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal
Revenue Code.
3. An individual or entity who qualifies as a lobbyist shall register with the City Clerk. A lobbyist shall
also register each client that pays her $250 or more in a calendar quarter for engaging in lobbying.
No person or entity who qualifies as a lobbyist shall contact or communicate with any official of the
city without first registering as a lobbyist and identifying themselves as lobbyist.
4. Lobbyists shall file a yearly disclosure report with the City Clerk specifying in detail the nature of the
issues they are trying to influence, compensation received from their clients, all campaign
contributions and gifts to elected City officials, all fundraising activities conducted on behalf of
elected City officials, all contributions and gifts to political campaigns, charities, religious
institutions, or non - profits made at the behest of City officials, all payments received for services as
a consultant to the City or any City Agency, any compensated work performed as a campaign
consultant for any elected City official, and previous lobbying activity conducted in the City. The City
may institute a registration fee.
5. The City Clerk shall make available to the public online and at the city clerk's office copies of the
Registration statements, Disclosure reports, Political Contribution statements, and Fundraising
Activity Disclosure statements.
6. LOBBYING DISCLOSURE, QUARTERLY REPORT — POLITICAL CONTRIBUTIONS. Each lobbyist, which
makes one or more contributions to an elective City officer and /or to any or all of his or her
controlled committees, shall file a detailed disclosure report of his /her political contributions with
the City Clerk. every three months.
7. LOBBYING DISCLOSURE, QUARTERLY REPORT — FUNDRAISING ACTIVITY. Each lobbyist who within
any 12 month period (i) engaged in fundraising activities on behalf of an elective City officer and /or
any and all of his or her controlled committees, and which knows or has reason to know that the
fundraising activities resulted in contributions, and /or (ii) delivered or acted as an intermediary for
one or more contributions to the elective City officer and /or any and all of his or her controlled
committees, shall file a detailed disclosure with the City Clerk every three months.
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8. Any person who knowingly or willfully violates any provision of this article is guilty of a
misdemeanor. Any person who knowingly or willfully causes any other person to violate any
provision of this article, or who knowingly or willfully aids and abets any other person in the
violation of any provision of this article, is guilty of a misdemeanor. No person convicted of a
violation of this article may act as a lobbyist or otherwise attempt to influence municipal legislation
for compensation for one year after such conviction. Santa Ana residents shall have third -party
standing to enforce the Lobbying Ordinance through a civil action
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POLICY 7- 3 YEAR S'T'RATEGIC PLAN
GOAL
Create a 3 year strategic plan setting forth the City's mission, core values, three year goals, detailed
measureable objectives and key performance measures.
EXISTING LAW/POLICY
Does not exist in Santa Ana
PROPOSED POLICY FOR SANTA ANA iNTUNICIPAL CODE
1. Every three years the City Manager shall prepare and submit to the City Council a strategic plan
setting forth the City's mission, core values, three year goals, detailed measureable objectives and
key performance measures.
2. The City Manager shall hold three public hearings regarding the strategic plan in accordance with
the provisions of this section prior to submitting the strategic plan to the City Council. During each
of these hearings, the City Manager or designee will review a complete draft of the strategic plan
and receive and record all oral or written public comments for at least an hour. The record of oral
and written comment shall be filed with the City Clerk, made accessible to the public, and brought
to subsequent meetings. During the second and third hearings, the City Manager or designee will
discuss the specific ways in which the draft strategic plan reflects public comments received by the
City.
3. The first public hearing will be held at least 120 days before the City Manager submits a proposed
strategic plan to the City Council, the second public hearing will be held at least sixty days before the
City Manager submits a proposed strategic plan to the City Council, and the third public hearing will
be held at least thirty days before the City Manager submits a proposed strategic plan to the City
Council.
4. The public hearings will be held in a public and accessible location that can seat at least 200 persons.
5. To maximize public involvement, each hearing will be held at an easily accessible site on a weekday
between 6 pm and 8 pm or Saturday between 9 am and 5 pm. The hearings will be advertised in at
least two local newspapers in English and Spanish at least seven days before the public hearings.
6. The City will ensure contemporaneous language interpretation at the hearings in the primary
language(s) of the residents in attendance.
7. Upon receipt of the proposed strategic plan from the City Manager, the City Council shall proceed to
the consideration of the proposed strategic plan and, by the affirmative vote of at least a majority of
its members, may amend or adopt the strategic plan. The City Council must vote to adopt a strategic
plan setting forth the City's mission, core values, three year goals, measureable objectives and key
performance measures within thirty days of receiving the proposed strategic plan from the City
Manager. Before adopting the strategic plan the City Council shall fix the time and place for holding
a public hearing upon the proposed strategic plan on a weekday between 6pm and 8pm or a
Saturday between gam and 5pm and shall cause to be published a notice thereof not less than ten
days prior to said hearing, by at least one insertion in English and Spanish in the official newspaper.
Copies of the proposed strategic plan shall be available for inspection by the public in English and
Spanish in the office of the Clerk of the Council at least ten days prior to said hearing. At the time
and place so advertised, or at any time and place to which such public hearing shall from time to
time be adjourned, the City Council shall hold a public hearing on the proposed strategic plan, at
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which interested persons desiring to be heard shall be given such opportunity. The City will ensure
contemporaneous language interpretation from English into Spanish at the public hearing.
8. The strategic plan shall be presented at the annual budget outreach hearings in every ward,
including recording and making accessible oral and written comments made during the evaluation.
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Correspondence
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Mitre - Ramirez, Norma
Subject: FW: Regarding Santa Ana Sunshine Ordinance
From: Bryan Starr [mailto:BStarr @biaoc.com]
Sent: Tuesday, September 11, 2012 2:17 PM
To: 'Ana Siria Urzua'
Cc: Tinajero, Sal; Sarmiento, Vince; Victor Cao
Subject: RE: Regarding Santa Ana Sunshine Ordinance
Thank you Ana,
As I stated on the phone, we believe that the CEQA process is exhaustive and provides for ample
notification of proposed development projects. That being said, we certainly understand the desire of
your group to allow for a more collaborative community process. We encourage all of our members to
hold public meetings in order to engage members of the community and get local input from interested
citizens.
We do not support a mandate that requires development project applicants to send notifications to
every single lease tenant surrounding development projects and believe that provision should be
eliminated from any proposed ordinance. State law already requires notification to adjacent property
owners. The inefficiency and cost associated with tracking down lessees (or renters) would create a
host of unintended consequences. For instance, if a lessee is overlooked, they may file a complaint or
sue the applicant for a violation of any potential ordinance. Additionally, lessees that oppose a project
could potentially claim that they did not receive notification in an attempt to stall the process. These
are just two hypothetical situations, but the potential for these kinds of issues will be increased by going
beyond existing law.
The development industry in California is already one of the most regulated industries in the nation.
Adding additional regulation, even well intended regulation, will further burden our member
companies. In a time when our industry is suffering horribly from a failed economy, government should
be doing all it can to assist the private sector by easing regulations. Adding additional burdens on our
industry right now is, at the very least, bad timing.
Thank you for seeking our input.
Bryan M. Starr
Chief Executive Officer
BIA Southern California, Orange County Chapter
949 - 554 -8563
From: asurzua(5gmail.com fmailto:asurzua(d)gmail.coml On Behalf Of Ana Siria Urzua
Sent: Tuesday, September 11, 2012 1:57 PM
To: Bryan Starr
Cc: stinajero(a)santa- ana.org; vsarmientoCcbsanta- ana.org
Subject: Regarding Santa Ana Sunshine Ordinance
Hi Brian,
I wanted to follow up on our conversation yesterday regarding the proposed Santa Ana Sunshine
Ordinance. We do not yet have language available, it should be on the City's website by Friday.
But as I shared with you in concept, the goal of the ordinance is to create opportunities and
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mechanisms for increased public participation in the City of Santa Ana, and increase
transparency and trust in government. We believe that with broad and early notification, with
easy access to information, and with opportunities to participate, the general public can be
supportive in the goal we all have in common, a strong economy and a better quality of life for
all.
Much of the work has developed in conjunction with the Ethics Committee of the City, I have
CC -ed both Councilmembers involved and I believe they are available for questions as well.
Thank you for your time,
Ana Siria Urzua
Santa Ana Collaborative for Responsible Development (SACReD)
714- 335 -1528
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