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Care Ambulance Service Inc.
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
CARE AMBULANCE SERVICE, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered
into this 1st day of August, 2018 (“Effective Date”), by and between the CITY OF COSTA MESA,
a municipal corporation (“City”), and CARE AMBULANCE SERVICE, INC., a California
corporation (“Contractor”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Contractor as an independent
contractor to provide ambulance operator services, as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code section 37103, and holds all necessary licenses
to practice and perform the services herein contemplated; and
C. WHEREAS, City and Contractor desire to contract for the specific services
described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described
in the Scope of Work, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto
as Exhibit “B,” both incorporated herein by this reference. Contractor shall provide the services
set forth herein in accordance with this Agreement, the requirements set forth in Exhibit A and all
exhibits attached hereto, and all applicable local, state, and federal laws, rules, regulations,
policies and procedures, including but not limited to the Costa Mesa Fire Department’s Standard
Operating Procedures.
(a)Contractor’s Personnel.
(i) Selection. All personnel providing services to the City pursuant to
this Agreement shall be certified ambulance drivers. In selecting
personnel to provide services to the City pursuant to this
Agreement, Contractor shall first establish a list of qualified
candidates. Once Contractor establishes a list of qualified
candidates, City and Contractor shall work together to make the
final selection of personnel that will provide services to the City,
which may include, but is not limited to, resume review, interviews,
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and meetings with station captains.
(ii) Personnel Issues. The Battalion Chief and Contractor’s
representative shall work together to resolve any issues involving
Contractor’s personnel.
(iii) Automobile Accidents. If Contractor’s personnel are involved in an
automobile accident while providing services hereunder, Contractor
and City shall conduct separate investigations in accordance with
their respective internal policies and procedures. City and
Contractor shall combine the results of their investigations into a
final report regarding such accident.
1.2. Professional Practices. All professional services to be provided by Contractor
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional Contractors in similar fields and circumstances in accordance with sound
professional practices. Contractor also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work
will be done by the City Manager or his or her designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers’ compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Contractor shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys’ fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which may
be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military or veteran status, except as permitted pursuant to section
12940 of the Government Code.
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1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into
agreements with other Contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Contractor’s sole cost
and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Contractor covenants that all data, documents, discussion, or other
information developed or received by Contractor or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contractor without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Contractor’s covenant under this Section
shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set
forth in Exhibit “C,” attached hereto and incorporated herein by this reference. Contractor’s
annual compensation shall not exceed One Million Eight Hundred Fifty Thousand Dollars
($1,850,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services
provided outside the scope of services specified in the Scope of Work or Contractor’s Proposal
unless the City or the Project Manager for this Agreement, prior to Contractor performing the
additional services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall
pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as “Additional Services” and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor’s services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times from the Effective Date until three (3) years after termination of this Agreement.
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3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing
by the parties, the professional services to be performed pursuant to this Agreement shall
commence within five (5) days from the Effective Date of this Agreement. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of five (5) years, ending on July 31, 2023, unless previously terminated as provided herein
or as otherwise agreed to in writing by the parties. This Agreement may be extended by five (5)
additional one (1) year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. Either party may terminate this Agreement at any time, with
or without cause, at any time, by providing thirty (30) days’ written notice to the other party. The
termination of this Agreement shall be deemed effective thirty (30) days from receipt of the notice
of termination.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City’s written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Contractor.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Contractor in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of delivery of termination notice to
Contractor, at no cost to City. Any use of uncompleted documents without specific written
authorization from Contractor shall be at City’s sole risk and without liability or legal expense to
Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
“A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by
City:
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(a) Commercial general liability insurance, with a policy limit of not less than
Ten Million Dollars ($10,000,000.00) per occurrence and aggregate. The
general liability policy shall protect against losses, including bodily injury,
death and property damage, arising in connection with the performance of
this Agreement.
(b) Comprehensive business automobile liability insurance covering owned,
non-owned, and hired vehicles, with a policy limit of not less than Five
Million Dollars ($5,000,000.00), combined single limits, per occurrence, for
bodily injury and property damage. Such insurance shall include coverage
for City-owned and Contractor-owned vehicles operated by Contractor’s
personnel in connection with this Agreement.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’
compensation insurer waiving subrogation rights under its workers’
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Contractor for
the City and to require each of its subcontractors, if any, to do likewise
under their workers’ compensation insurance policies.
(d) Professional liability insurance, which shall include ambulance medical
malpractice coverage, with a policy limit of not less than Ten Million Dollars
($10,000,000.00) per occurrence. For any policy written on a “claims
made” basis, Contractor shall maintain said policy in full force and effect
during the term of this Agreement and for a period of at least three (3) years
from the termination of this Agreement. In the event of termination,
cancellation, or material change of the policy during this period, Contractor
shall obtain continuing insurance coverage for the prior acts or omissions
of Contractor during the course of performing services pursuant to this
Agreement. Such coverage shall be evidenced by either a new policy
evidencing no gap in coverage, or by obtaining a separate extended “tail”
coverage with the present or new insurance carrier. Contractor shall
provide evidence of such coverage to the City.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Contractor pursuant to its contract with the City; products and
completed operations of the Contractor; premises owned, occupied or used
by the Contractor; automobiles owned, leased, hired, or borrowed by the
Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall
it be cancelled, nor the coverage or limits reduced, until thirty (30) days
after written notice is given to City.”
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(c) Other insurance: “The Contractor’s insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer’s liability.
5.3. Deductible or Self-Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The certificates
of insurance shall be attached hereto as Exhibit “D” and incorporated herein by this reference.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Contractor may be
held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Contractor in the performance of this Agreement.
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Contractor shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Contractor or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery or mail
and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b)
48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Care Ambulance Service, Inc.
1517 W. Braden Court
Orange, CA 92868
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 288-3800 Tel: (714) 754-5603
Attn: Troy Hagen Attn: Jason Pyle
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by
complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit
“E” and incorporated herein by reference. Contractor’s failure to conform to the requirements set
forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be
cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s
obligation to perform all other obligations to be performed by Contractor hereunder for the term
of this Agreement.
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6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Contractor’s sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees arising
out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the
work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Contractor, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Contractor, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Contractor, its employees, 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 for claims, actions, complaints or suits arising out of the sole active negligence or willful
misconduct of the City. This provision shall supersede and replace all other indemnity provisions
contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force
and effect.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City. Contractor shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Contractor shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with the applicable
worker’s compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
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providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Contractor’s performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Contractor or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Contractor agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses,
and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City.
6.14. Public Records Act Disclosure. Contractor has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Contractor and its officers, employees, associates and
subcontractors, if any, will comply with all conflict of interest statutes of the State of California
applicable to Contractor's services under this agreement, including, but not limited to, the Political
Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and
subcontractors shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Contractor is not currently performing work that would
require Contractor or one of its officers, employees, associates or subcontractors to abstain from
a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Contractor shall be responsible for its work and results
under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
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Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings,
estimates and other Contractor professional services necessary to rectify and correct the matter
to the sole satisfaction of City and to participate in any meeting required with regard to the
correction.
6.17. Prohibited Employment. Contractor will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired,
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which determination made by the presiding court or arbitrator of competent jurisdiction shall be
binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.27. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ Date: __________________________
Signature
__________________________________ __________________________________
[Name and Title] Social Security or Taxpayer ID Number
CITY OF COSTA MESA
__________________________________ Date: __________________________
Thomas Hatch
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: ________________________
Thomas Duarte
City Attorney
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APPROVED AS TO INSURANCE:
__________________________________ Date: ________________________
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
__________________________________ Date: ________________________
Jason Pyle
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: ________________________
Daniel Stefano
Fire Chief
APPROVED AS TO PURCHASING:
__________________________________ Date: ________________________
Colleen O’Donoghue
Assistant Finance Director
EXHIBIT A
SCOPE OF WORK
Exhibit A - 1
SCOPE OF WORK FOR
AMBULANCE OPERATOR SERVICES
A. Introduction to Scope of Work
1. Authority
The core function of local government is to provide for the essential needs of the
community it serves, which includes firefighting/rescue and
ambulance/Emergency Medical Services (EMS) that are critical to the protection
and preservation of life, health, and property (California Government Code, Title
5, Division 2, Part 1, Section 54980). This Request for Proposals (RFP) was
authorized by the Fire Chief of the City of Costa Mesa Fire & Rescue Department
(CMF&R) pursuant to the City of Costa Mesa’s Section 54980 powers, and also
according to the City’s sovereign and absolute authority over the provision,
administration, and operational control of all prehospital EMS within its jurisdiction
including, but not limited to, emergency ambulance response and patient transport
services at both the Basic Life Support and Advanced Life Support levels, pursuant
to Section 1797.201 of the California Health & Safety Code (Division 2.5, Chapter
4, Article 1).
2. History
CMF&R has a rich history of protecting the citizens of Costa Mesa that formally
began in 1956 when it became an official Fire Department staffed by professional
firefighters. Along with all the other myriad critical functions performed by
CMF&R, in 1975 the Paramedic Program was implemented along with the
deployment of the City’s first Rescue Ambulance staffed by Firefighter-
Paramedics. Since that time, CMF&R has continuously adapted to changing
community and operational needs by utilizing public- private partnerships with
various ambulance companies, while at all times maintaining complete
administrative and operational control over those companies regarding the
ambulances operating within the City’s jurisdiction and/or as part of the City’s EMS
System according to its authority and duty under sections 54980 and 1797.201.
3. Mission
One of the many critical functions of CMF&R is the provision of prehospital EMS.
The primary mission of CMF&R EMS is to optimize patient outcome by providing
superior quality prehospital care in a proficient and compassionate manner. In
furtherance of this goal, it is imperative that all aspects of the Costa Mesa EMS
system and the patient “continuum of care” function as effectively and as efficiently
as possible. The transportation of patients with medical emergencies from the
incident scene to the appropriate emergency receiving center is one of the most
important aspects of the EMS system and continuum of care. Therefore, all
requirements and conditions listed in this document are written with the specific
intent to ensure the most optimal emergency ambulance transportation system
possible based on the following parameters:
Exhibit A - 2
a. Patient Care - Superior patient care provided proficiently and
compassionately by Paramedics and EMTs who conduct themselves with
integrity and humility.
b. Resource Utilization - Deployment of resources in a manner that is
operationally efficient and maximally effective in achieving the best patient
outcomes practical.
c. System Adaptability - Maximum flexibility for ongoing adaptation to the
rapid changes in EMS/prehospital care specifically, and community
health and safety generally.
d. Fiscal Prudence - Fair and reasonable cost recovery plan with a
compassionate billing and collection policy that achieves an enhanced
level of service and more efficient deployment model without increasing
costs to the local taxpayer.
4. Philosophy
This RFP is an official and legal document written by CMF&R in our solemn
role as advocates for, and protectors of, the citizens of Costa Mesa. It is important
to know that, notwithstanding the strict standards and requirements enumerated,
it is our sincere desire and intent to work with the prevailing organization
in the spirit of friendship, cooperation, and mutual respect, and with sensitivity
to its needs, interests, and concerns, as we strive together to provide the highest
quality prehospital care possible.
5. Consultant
The City has contracted with A.P. Triton, LLC, as the primary and sole consultant
to facilitate the administration of this RFP process due to their experience and
expertise in the EMS industry with ambulance transportation and billing issues,
RFP processes, and prehospital care generally as a vital component of our nation’s
healthcare system.
6. Scope of Work Overview
The City is soliciting proposals from qualified organizations to contract for the
provision of ambulance operator staffing services, and ambulance transportation
related services, for the Costa Mesa Fire & Rescue Department in furtherance
of its EMS mission. All ambulance services described in this RFP document and
Scope of Work refer only to ground ambulance services. CMF&R desires to staff
three (3) 24-hour units with dedicated EMTs provided by Contractor. The City
intends to bill and collect for all services provided by Contractor. The City shall
provide city-owned ambulances for Contractor’s EMTs to operate. The Scope of
Work to be provided by Contractor may be categorized into four (4) service tiers:
a. First Tier Service: Ambulance Operators
b. Second Tier Service: Reserve Ambulances
Exhibit A - 3
c. Third Tier Service: Surge Plan
d. Fourth Tier Service: Mutual Aid
B. Terminology – The terminology and definitions listed below are for use in this Scope
of Work section exclusively and, therefore, may have different meanings than used or
defined elsewhere.
ALS – Advanced Life Support. Paramedics are authorized to provide this higher level of
care.
BLS – Basic Life Support. Both EMTs and Paramedics can provide this level of care.
CITY – The municipal government agency that humbly serves the citizens of Costa
Mesa.
CMCC – Costa Mesa Communications Center. Dispatches Fire & Police for the City.
CMF&R – Costa Mesa Fire & Rescue Department.
CONTRACTOR – The organization that is selected and awarded a contract to provide
the services (Scope of Work) described in this RFP document. Used interchangeably
and synonymously with “Proposer” depending on the context.
EMS – Emergency Medical Services. Usually refers to the prehospital environment.
EMT – Emergency Medical Technician. State-certified to provide BLS level care.
AO – Ambulance Operator. An EMT employed by Contractor who is assigned to a
CMF&R Rescue Ambulance.
MICP – Mobile Intensive Care Paramedic. State licensed to provide BLS and ALS level
care.
OCEMS – Orange County Emergency Medical Services Agency.
PROPOSER – An organization that submits a proposal and competes in the RFP
process. Used interchangeably and synonymously with “Contract or” depending on the
context.
RESCUE AMBULANCE – An apparatus owned by the City and controlled by CMF&R
that is capable of transporting patients with medical emergencies. Some Rescue
Ambulances may be staffed by CMF&R Firefighter Paramedics, and some may be
staffed by Contractor’s EMTs (known as AOs: Ambulance Operators), based on the
Department’s operational needs.
Exhibit A - 4
RFP – The “City of Costa Mesa Request for Proposal for Ambulance Operator
Services” (i.e., this document).
PROPOSAL – The official response to this RFP by an organization that is competing in
the RFP process that usually refers to a Proposer’s formal written responses, but
may also refer more broadly to all statements, materials, and actions by a Proposer as
part of the official RFP process (e.g., Oral Presentation statements, compliance with RFP
process procedural requirements, etc.)
C. General Requirements
1. Performance Expectations – Contractor shall perform all contractual services in
accordance with both the letter and spirit of all requirements, conditions,
specifications, expectations, and other parameters delineated in the contract, to
the complete satisfaction of CMF&R. All statements made and actions taken by
Contractor in the execution of contractual obligations shall be done in a prudent,
professional, and courteous manner that supports and/or advances CMF&R’s
EMS mission of optimizing patient outcome by providing superior quality patient
care with proficiency and compassion. Most important, Contractor decision making
and conduct shall always be guided by and reflect only the highest ethical
standards, comport with the principles of fairness and equal justice, and
demonstrate respect and dignity for all human beings.
2. Contract Performance Costs – Unless otherwise indicated, all expenses
necessary to meet RFP/contract requirements and/or perform contractual services
and obligations will be paid solely by Contractor.
3. Contract Performance Standards – During the contract period, Contractor
will be responsible for ensuring that all facilities, properties, vehicles, materiel,
and documents/records used or available for use in the performance of contractual
services and/or in the execution of contractual obligations are in good condition,
fully functional, and maintained in a clean, orderly, and organized manner.
4. Inter-Agency Communications – Contractor shall designate one person as its
official liaison to CMF&R who will serve as the primary contact and interface, and
whose office shall be in Orange County, as close to Costa Mesa as practical. In
order to foster teamwork and efficiency, it is imperative that there be an
outstanding working relationship and excellent communications between
agencies and agency liaisons.
5. Field Supervisor – Contractor shall ensure that, during each 24-hour shift,
there is a designated Field Supervisor, stationed within Costa Mesa or at another
location within Orange County as close to Costa Mesa as practical, who is
immediately available by mobile phone and/or 800 MHz radio to the on-duty
Battalion Chief or designee at all times during the shift. The Field Supervisor
shall be able to respond to any incident within 20 minutes of being requested
by CMF&R. All Field Supervisors must be qualified and capable of implementing
and operating within the Incident Command System including the county MCI plan
as well as all other OCEMS protocols.
Exhibit A - 5
6. Legal Compliance – Contractor shall ensure that ambulance personnel have
sufficient understanding of, and are at all times in compliance with, all
applicable EMS-related laws (federal, state, local), including, but not limited to:
1) California Health & Safety Code, Division 2.5; 2) California Code of
Regulations, Title 22, Division 9, Chapter 2; and 3) California Vehicle Code.
7. Protocols Compliance – Contractor shall ensure that ambulance personnel
comply with all OCEMS and CMF&R protocols (i.e., official rules, policies,
procedures, standing orders, guidelines, etc.), as well as Contractor’s internal
protocols. Contractor, including any individual ambulance operator, shall
immediately bring to the attention of CMF&R any protocol that appears to conflict
with other protocols in order to reconcile the inconsistency, contradiction, and/or
ambiguity.
8. Time Standards – The Agreement issued as a result of this RFP will include
a one hundred percent (100%) compliance to the response time standards
specified to all areas of the City and its operational areas.
9. Equality of Care – Contractor shall provide all services in the Scope of Work
without regard to the patient's national origin, ethnicity, color, religion, sexual
orientation, gender, age, insurance status, or ability/inability to pay. Any violation
of this policy will be deemed a major breach and grounds for immediate contract
termination.
10. CQI Plan – Contractor shall develop and maintain a comprehensive and
relevant Continuous Quality Improvement plan and system that compliments and
interfaces with CMF&R’s CQI plan / quality management system
11. Continuing Education – Contractor shall ensure that relevant and frequent
education and training courses are offered to assist field personnel in maintaining
certification/licensure as defined in California Code of Regulations Title 22,
Chapters 2, 4 and 11 and, to the extent possible, shall be built upon observation
and findings derived from the Quality Assurance / Continuous Quality
Improvement.
12. Pilot Programs / Research Projects – Contractor shall participate in all OCEMS-
approved pilot programs or research projects as requested by CMF&R. Contractor
agrees that their participation shall entail no additional cost to the City. Contractor
further agrees that services provided under pilot programs or research projects
shall be in addition to the other services described herein.
13. Comprehensive & Responsive Proposal – Proposals should fully demonstrate and
explain how the Proposer would meet all the requirements and expectations
specified in the RFP document, including the Scope of Work and all other
attachments and addendums. Although many items in this RFP document will
have express language such as “proposals shall include…,” Proposers should
not infer that just because such similar language is absent regarding other items
that they can omit explanations of how they would satisfy the letter or intent of
those items.
14. Incorporation by Reference – The Proposal submitted in response to this RFP
will be retained and will be incorporated and referenced, and made a part of the
Exhibit A - 6
final Agreement, except that in the case of any conflicting provisions, the
provisions contained in the final Agreement shall prevail.
15. Consultant Fees – Reimbursement for the Consultant utilized by CMF&R
for the development and implementation for this RFP process shall not exceed
$100,000.
D. First Tier Services: AMBULANCE OPERATORS
1. General – Contractor shall provide staffing for three (3) CMF&R Rescue
Ambulance units for each 24-hour shift, 365 days per year, for a total of 26,280
yearly unit hours. Contractor shall ensure that all three Rescue Ambulances are
at all times staffed by two (2) Emergency Medical Technicians (EMTs).
a. The Proposal shall describe the staffing model(s) that will be used to
meet the minimum number of unit hours required. The Proposal shall
include staffing models of 24-, 12-, and 8-hour shifts, and any additional
innovative approaches that would meet the minimum number of unit hours
required. Proposer shall provide a breakdown of salaries and benefits for
each model to ensure compliance with state and federal labor laws.
2. AO Eligibility & Selection Criteria – The Proposal shall describe the specific
criteria that will be used to determine which EMTs are qualified to become a AO,
and also the specific process by which qualified EMTs would be selected
for assignment to a CMF&R Rescue Ambulance.
a. Staffing Principles – Contractor shall take all necessary steps, and
make all reasonable efforts, to ensure that the EMTs on its AO eligibility
list are well qualified, sufficiently experienced, proven reliable and
responsible, and who possess the interpersonal characteristics and skills
necessary for them to function effectively as part of the CMF&R team.
3. Credentials Tracking & Renewal – The Proposal shall describe the system that
will be used to monitor expiration dates of required credentials for all AOs to
prevent lapses in certification, and to facilitate the renewal process. Contractor
shall be responsible for ensuring that all AO credentials—including, but not
limited to, state EMT certification and OCEMS accreditation—are renewed in a
timely manner. AOs with expired/lapsed credentials will be deemed a major
breach and grounds for immediate contract termination.
4. Cognitive & Psychomotor Proficiency – The Proposal shall describe the
education and training system that will be used to ensure that all EMTs employed
by Contractor—AOs and otherwise—maintain proficiency in all relevant BLS-
level clinical skills and knowledge, including all applicable OCEMS protocols.
5. General Employment Policies
a. Employee Wellness & Personnel Assistance Resources – The
Proposal shall describe in detail the Proposer’s Employee Wellness &
Personnel Assistance programs and/or resources.
Exhibit A - 7
b. Criminal Background Check – Contractor shall comply with state EMS
Authority and OCEMS criminal history check requirements for all of its
employees who work in Orange County as EMTs. Contractor shall contact
all references given on applications, including but not limited to, any former
EMS employers.
c. Physical Fitness Testing & Training – The Proposal shall describe any
physical fitness testing or training used as part of the initial hiring process
and/or ongoing health maintenance.
d. Medical Examination / Health Screening – The Proposal shall
describe the specific process used for pre-employment and/or ongoing
screening.
e. OCEMS Protocols – The Proposal shall describe the process used to
ensure that all ambulance personnel—AOs and otherwise—are sufficiently
knowledgeable and proficient in all relevant OCEMS protocols.
f. Driver History – Contractor shall require all ambulance driver candidates
in its employ to submit a current California Department of Motor Vehicles
Driving Record Report as requested by CMF&R. Contractor shall utilize
the California Department of Motor Vehicles Pull Notice Program for all
ambulance personnel in its employ.
g. Driver Training Program – Contractor shall require all ambulance
personnel in its employ to successfully complete an approved emergency
ambulance driver- training program to ensure that ambulances are
operated in a legal and safe manner. The driver-training program should
be designed to verify driving proficiency upon hire and at reasonably
spaced periodic intervals. The driver program shall meet or exceed
industry standards. Contractor shall ensure that its vehicles are at all times
operated in a safe manner.
h. Vehicle & Equipment Familiarity – Contractor shall ensure that all EMTs
who staff any ambulance are thoroughly familiar with all aspects of vehicle
operation, and the location and use of all on-board equipment and supplies.
This includes all aspects regarding the use of the MED-10 radio.
i. Recruitment & Retention – It is very important that Contractor attracts the
highest quality EMTs in the industry as possible. The Proposal must
describe Proposer’s compensation and benefits plans and provide at
least a general indication as to how the plans compare to the other similar
organizations in the county in terms of attracting and retaining EMTs. The
Proposal must also describe Proposer’s recruitment strategy.
6. Uniforms & Personal Protective Equipment
a. Uniforms – AOs shall wear uniforms that are selected by CMF&R
for the exclusive use by AOs when functioning as an on-duty AO on a
CMF&R Rescue Ambulance. AO uniform requirements may be changed
Exhibit A - 8
at any time during the duration of the contract at the sole discretion of the
Fire Chief.
b. Personal Protective Equipment (PPE) – Contractor shall ensure that AOs
have the appropriate PPE that meets national safety standards for
EMS personnel, to include helmet, reflective vest, brush jacket, leather
gloves, eye protection, and ear/hearing protection.
c. Portable 800 MHz Radios – Contractor shall be responsible for, and bear
all costs regarding, the provision of portable OCEMS-system compatible
800 MHz radios for each on-duty AO to enable AOs to communicate with
CMF&R personnel for safety and operational reasons. Due to the
importance of safety and good team communications, portable 800 MHz
radios will be deemed part of the uniform for on–duty AOs.
d. Costs – Contractor or their employees shall bear all uniform and PPE
related costs except where specified otherwise, including cleaning,
maintenance, repair, and replacement. Before commencement of the
contract period, CMF&R and Contractor will mutually agree on the
specific brand/model/type of PPE to be used.
7. AO Appearance & Behavior
a. CMF&R Policies/Procedures – Contractor shall ensure that AOs adhere
to all relevant CMF&R policies/procedures regarding appearance
and behavior. CMF&R will provide Contractor copies of all relevant
CMF&R policies/procedures before commencement of the contract period
to give Contractor adequate time for the selection, assignment, and
preparation of AOs.
b. General Appearance – Contractor shall ensure that AOs at all times look
and act in a professional manner to instill confidence in the citizens we
serve, and to preserve the reputation of CMF&R, the City of Costa Mesa,
and the Fire Service/EMS profession generally.
c. Grooming & Hygiene – AOs shall be clean and well groomed at all times
while on-duty or otherwise representing CMF&R, and exercise good
personal hygiene habits in accordance with CMF&R policies, procedures,
and standards.
d. Mental Alertness – AOs shall report for duty well rested, alert, and not
under the influence of any substance, legal or illegal, that may impair their
judgment and/or performance.
e. Physical Fitness – AOs shall keep themselves at a level of physical
fitness sufficient to ensure they are capable of performing all the physical
functions expected of an EMT and Ambulance Operator.
f. Conduct – AOs shall always act in a safe, professional, and courteous
manner.
Exhibit A - 9
g. Advocacy –AOs are deemed part of the Costa Mesa EMS system,
and are therefore expected to always act in the best interests of the Costa
Mesa EMS system and the patients who depend on us.
8.Facilities
a. Ambulance Station / Crew Quarters –The Proposal shall describe in
detail the facilities that will be use to comply with the terms of the contract
and the delivery of the services.
b. Security –The Proposal shall describe the security plan/measures that
will be used to adequately protect the personnel, equipment, supplies, and
Rescue Ambulances while in quarters.
c. Inspections –The on-duty Battalion Chief or designee will have the
authority, but not the obligation, to inspect all facilities,
properties, vehicles, and documents/records used or available for use
in the performance of contractual services and/or in the execution of
contractual obligations. Contractor refusal to permit such an inspection
will be deemed a major breach and grounds for immediate contract
termination.
9.Operations
a. Dispatch –Contractor shall be solely responsible for obtaining,
installing, and maintaining a ring-down telephone system as needed that
directly links CMCC to all AO crews, and will be solely responsible for all
installation, maintenance, repair, and other related costs necessary to
ensure that the line remains operational at all times.
b. Incident Command & Patient Authority –Responsibility for patient care
and authority to make assessment, treatment, and/or transport decisions
vests with CMF&R personnel (Paramedics particularly, if on scene). AOs
will work under the direction of the CMF&R Captain/Incident Commander
and/or the Paramedics in charge of the patient and/or incident. AO actions
should be in support of, and consistent with, CMF&R efforts, and AOs
should respond to the directions of CMF&R personnel in a positive and
affirmative manner.
10.Time Standards –The following ground ambulance time standards must be
met at a compliance rate of at least 90% (fractile) by AO crews. Monetary
penalties will be applied for non-compliance with time standards.
ALARM to ENROUTE INTERVAL, 07:00 - 20:00 ≤1 minute
ALARM to ENROUTE INTERVAL, 20:00 - 07:00 ≤2 minutes
ENROUTE to ON SCENE INTERVAL, CODE-3 ≤10 minutes
ENROUTE to ON SCENE INTERVAL, CODE-2 ≤15 minutes
Exhibit A - 10
E. Second Tier Services: RESERVE AMBULANCES
1. Reserve Ambulances – There will be times when CMF&R Rescue Ambulances
staffed by AOs must be taken out of service for mechanical problems, routine
maintenance, operational needs, or other various reasons. During these
situations, Contractor must be able to immediately provide a fully operational
emergency ambulance for any single or all AO crews until their City-owned
Rescue Ambulance is put back into service.
a. The Proposal shall describe the capacity and plan for providing
reserve ambulances in these situations.
2. Vehicle Specifications – The Proposal shall describe the specific vehicles that
will be used as reserve ambulances for CMF&R
3. Minimum Required Equipment / Supplies / Inventory
a. On-Board 800 MHz Radio - Each reserve ambulance shall be equipped
with an on-board 800 MHz radio.
b. Automatic Vehicle Locator (AVL) System – Each reserve ambulance
shall be equipped with AVL hardware and software / GPS system that
interfaces with CMCC / CMF&R.
c. Headset Communication System – Each reserve ambulance shall have
a headset communication system that provides hearing protection during
Code-3 transports and allows for communication between the ambulance
driver (1 headset), and at least two CMF&R EMTs or Paramedics in the
patient compartment (2 headsets).
d. Medical Equipment & Supplies Inventory – Contractor shall ensure
that the medical equipment and supplies inventory of all reserve
ambulances complies with OCEMS protocols.
e. Standardized Inventory – The Proposal shall describe the plan/system
to ensure standardization of EMS equipment and supplies of rescue
ambulances with the EMS equipment and supplies used by CMF&R.
f. Ambulance Supplies Restock System – Contractor shall be responsible
for, and pay all costs in furtherance of, ensuring that all reserve
ambulances are at all times equipped and supplied with the minimum
required inventory. The Proposal shall describe the supply/restock system
generally and explain how reserve ambulances will be restocked
specifically.
4. Maintenance & Repair– Contractor shall be responsible and bear all costs for all
routine preventive maintenance and repairs of reserve ambulances. Contractor
shall adhere to its maintenance and maintenance records plan during the contract
period. Disruption in service due to Contractor’s non-compliance with the
maintenance plan will be considered a major breach and grounds for immediate
contract termination.
Exhibit A - 11
a. The Proposal shall describe the maintenance plan, vehicle service records
system, and mechanism for allowing CMF&R to inspect vehicle service
records.
5. Vehicle Replacement
a. General Replacement Policy - Whenever a reserve ambulance must be
taken out of service for any reason (including mechanical failure and
scheduled preventive maintenance) and for any length of time (temporarily
or permanently), Contractor shall ensure that a replacement ambulance is
immediately provided that meets the same requirements/specifications.
b. The Proposal shall describe the replacement ambulance plan, including
the designations (unit number) and specifications and mileage of the
planned replacement ambulances.
F. Third Tier Services: SURGE PLAN
1. Surge Capacity Defined – For purposes of this RFP and subsequent Agreement
with the prevailing Proposer, Surge Capacity is defined as the maximum delivery
of emergency ambulance response and transportation services that the City of
Costa Mesa EMS System is capable of providing when all of its available and
potential resources are mobilized. Both CMF&R and Contractor must have
plans in place to handle routine foreseeable surge situations (e.g., during
periods of heavy call volume, including isolated Multiple Casualty Incidents), as
well as larger scale sudden disaster situations or major Multiple Casualty Incidents
affecting multiple EMS jurisdictions at the county or state levels.
2. Surge Plan – The Proposal shall describe the Surge Plan in all details,
including additional costs, if any, and how those costs would be calculated.
3. Vehicle Specifications – Contractor may use any ambulance in its fleet
for surge purposes so long as it meets or exceeds the requirements of the
California Highway Patrol, the California Department of Motor Vehicles, the United
States Department of Transportation, and the Orange County EMS Agency.
Ambulances used for surge purposes do not necessarily have to be Type III Dual
Rear Wheel vehicles (i.e., they may be Type I, II, or III).
4. Minimum Required Equipment / Supplies / Inventory
a. On-Board 800 MHz Radio – Surge ambulances shall be equipped with
an on- board 800 MHz radio
.
b. Medical Equipment & Supplies Inventory – Contractor shall ensure
that the medical equipment and supplies inventory of all surge
ambulances complies with OCEMS protocols.
c. Ambulance Supplies Restock System – Contractor shall be responsible
for, and pay all costs in furtherance of, ensuring that all surge ambulances
are at all times equipped and supplied with the minimum required inventory.
Exhibit A - 12
i. The proposal shall describe Proposer’s supply/restock system and
explain its plan for restocking surge ambulances.
ii. Since CMF&R desires to have as standardized an inventory as
possible between agencies, Proposer has the option of describing
in the proposal any recommendation it may have to utilize
CMF&R’s main supplier (Bound Tree), and/or create a mechanism
to restock from CMF&R’s EMS Central Supply and reimburse
CMF&R accordingly, and/or any other reasonable and creative
idea. Such recommendations will be considered by CMF&R, but
not necessarily implemented.
5. Special Events – CMF&R will sometimes utilize its AO-staffed Rescue
Ambulances for non-emergency purposes that will normally be scheduled in
advance on the CMF&R Master Calendar (e.g., sports, community education,
training, etc.). During these special events, Contractor shall provide a backup
ambulance and crew for the duration of the event, to cover for the Rescue
Ambulance involved and allow them to participate without interruption, provided
CMF&R gives Contractor sufficient advance notice. Rescue Ambulance crews
participating in these events will be considered “in color,” which is a state of
conditional availability that means they should not be dispatched to respond to an
incident unless requested by the on-duty Battalion Chief.
6. Exclusivity Exception – Contractor will be the exclusive provider of all
surge/backupemergency ambulance services for CMF&R except in exigent and
extenuating circumstances when, in the sole discretion of CMF&R personnel, it is
in the patient’s best interest to be transported by alternative means, which may
include another ambulance company.
7. Data Collection & Reporting – Contractor shall track all relevant data
from all surge/backup ambulance responses initiated by CMCC/CMF&R.
Contractor shall prepare and submit a report (electronic/e-mail preferred) to
CMF&R on a quarterly basis. Before commencement of the contract period,
CMF&R and Contractor will meet to discuss and agree on the reporting format and
the specific information to be included. Each quarterly report shall include, but not
necessarily be limited to, the following:
a. Individual Incident Data (for each incident in a given 3-month period) –
Date, CMF&R Incident Number, Ambulance Unit Number (indicate if
another ambulance company was used), 911 Call Time, Alarm Time,
Enroute Time, On Scene Time, At Patient Time, Scene Departure Time, At
Hospital Time, Transfer of Care Time, Available Time, Alarm to Enroute
Interval Time, Enroute to On Scene Interval Time.
b. Quarterly Incident Totals Data (includes all incidents during a given 3-
month period) – Dispatches, Responses Upgraded to Code 3, Responses
Cancelled Enroute, Ambulance Crew First At Patient (prior to CMF&R
arrival), Dry Runs (arrived on scene but no transport), Resident BLS
Transports, Resident ALS Transports, Non-Resident BLS Transports, Non-
Resident ALS Transports, Responses Meeting Alarm to Enroute Interval
Time Standard, Responses Exceeding Alarm to Enroute Interval Time
Exhibit A - 13
Standard, Responses Meeting Enroute to On Scene Interval Time
Standard, Responses Exceeding Enroute to On Scene Interval Time
Standard.
G. Fourth Tier Services: MUTUAL AID
1. Mutual Aid Plan – Contractor shall enter into an Agreement with a
separate organization that is licensed, qualified, and capable of providing
emergency ambulance response and transportation services for situations when
there are no CMF&R or Contractor ambulances available. The Agreement
between Contractor and the separate organization must be approved by the City
before it may commence.
a. The Proposal shall describe the Mutual Aid plan/system in detail.
EXHIBIT B
CONTRACTOR’S PROPOSAL
EXHIBIT C
FEE SCHEDULE
FEE SCHEDULE
Compensation Package
After 2 Years After 5 Years
New Employee Employment Employment
Hourly Wage Lowest $13.25 h/r Lowest $13.72 h/r Lowest $14.16
(Straight Time) Highest $13.50 h/r Highest $13.97 h/r Highest $14.38
Median $13.25 h/r Median $13.72 h/r Median $14.16
Average number of hours per week for full time employee: 56
Average gross earning per year for full time employee: $47,125
Paid Vacation
Paid Holiday
Sick Leave
Paid
$1,166 days/year $1,756 days/year $2,379 days/year
11 days/year 11 days/year 11 days/year
N/A days/year N/A days/year N/A days/year
Continuing Ed. N/A hours/year N/A _hours/year N/A _hours/year
Uniform
Allowance $ 1,000 /year $ 1,000 /year $ 1,000 /year
Tuition
Reimbursement $ 0 /year $ 0 /year $ 0 /year
Health Care
Medical 80 % covered 80 % covered 80 % covered
$ 1,400 deductible $ 1,400 deductible $ 1,400 deductible
Optical
Dental
0 %covered 0 %covered 0 %covered
0 %covered 0 %covered 0 %covered
Stock Options N/A
Profit Sharing N/A
Day Care Services N/A
Career Development N/A
Pension Plan ER Match 6% of annual gross wages
Proposed Operating Budget
Expenses
Personnel
EMT’s
Wages $ 918,000 (2018 wage rates)
Benefits $ 275,000
Other Personnel
Wages $ N/A
Benefits $ N/A
Subtotal $ 1,193,000
Vehicles
Gasoline $ N/A
Repair and Maintenance $ N/A
Equipment lease/depreciation $ N/A
Subtotal $ N/A
Medical Equipment/Supplies
Supplies $ N/A
Equipment lease/depreciation $ N/A
Maintenance and Repair $ N/A
Subtotal $ N/A
Other
Rents and leases $ N/A
Insurance $ 92,000
Utilities and telephone $ N/A
Office supplies and postage $ N/A
Professional services $ N/A
Taxes $ N/A
Uniforms $ 15,000
Admin $ 285,000
Overhead $ 182,000
Subtotal $ 574,000
Total Operating Expenses $ 1,767,000.00
Additional Expenses
(1) Reserve Ambulances (on as-needed basis)
Hourly cost of a Reserve Unit/Ambulance, 4 hour minimum $25.00 per hour
If City requires the use of a Reserve Unit/Ambulance, City shall pay Contractor for such use as
follows:
x 0-60 days aggregate= $0 hourly rate
x 60-90 days aggregate= 50% of Contractor’s hourly rate
x 90+ aggregate days=100% of Contractor’s hourly rate
(2) Surge Unit/Ambulance EMT Crew (on as-needed basis)
Hourly cost of a Surge Unit/Ambulance EMT Crew, 1 hour minimum $115.00 per hour
Billing to City for a Surge Unit/Ambulance EMT Crew shall begin when City places a call to
Contractor requesting Surge Unit/Ambulance EMT Crew assistance, as determined by City’s time
stamp of such request. Total billing to City for such assistance shall be calculated from the time
City makes the request for assistance until completion of the call for which City requested
assistance, as determined by City’s time stamps for such call.
(3) Long-Term Front-Line Ambulance Usage
In the future, if City desires to utilize an ambulance from Contractor’s fleet as a front-line
ambulance on a long-term basis in lieu of replacing a City ambulance, City shall pay to Contractor
a monthly rate for such use, which shall be calculated based upon a five-year straight-line
depreciation for such ambulance plus eight percent (8%).
(4) Temporary Housing of Station 1 Personnel
If construction of Station 1 is not completed prior to the Effective Date of this Agreement,
Contractor shall house Contractor’s personnel assigned to Station 1 until Station 1 is completed
and operational. Contractor shall provide such housing for up to sixty (60) days from the Effective
Date of this Agreement at no cost to the City. If Station 1 is not operational within sixty (60) days
from the Effective Date of this Agreement, City shall pay to Contractor housing costs for the
Station 1 personnel as follows:
x $3,833 per month
The monthly rate set forth herein is inclusive of all costs associated with housing Contractor’s
personnel assigned to Station 1, including but not limited to rent and utilities. The monthly rate
charged to City shall be pro-rated based upon the number of days housing is required for the
Station 1 personnel.
EXHIBIT D
CERTIFICATES OF INSURANCE
EXHIBIT E
CITY COUNCIL POLICY 100-5