HomeMy WebLinkAbout- - RFP Fire Services Attachment 3 - 11/15/2011ATTACHMENT
REQUEST FOR PROPOSAL
FOR
Fire Services
Cost. Mesh.
CITY OF COSTA MESA
Released on , 2011
3092354.1
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ATTACHMENT
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FIRE SERVICES
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from
qualified agencies to provide Fire Protection, Emergency Medical and Fire Prevention set -vices
to the Community. The City is interested in exploring all viable alternatives for these services, in
particular alternatives that maintain the already high standard for fire and emergency services
and fire prevention, while also addressing concerns of ability to pay, cost containment, service
duplication, and regional cooperation.
1. BACKGROUND
On March 1, 2011, the City Council agreed to move forward with a comprehensive review and
analysis of outsourcing 18 City services, one of which is Fire Services, as outlined in the
Outsourcing of City Seru,ices Council Agenda Report, dated February 24, 2011.
The City of Costa Mesa is a general law city, which operates tinder the council/manager form of
government with a General Fund budget of over $94 million and a total of over $107 million of
fiscal year 2010-2011.
The City of Costa Mesa, incor'por'ated in 1953, has an estimated population of 116,479 and has a
land area of 16.8 square miles. It is located in the southern coastal area of Orange County,
California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach,
Fountain Valley and Irvine.
The City is a "full service city" and provides a wide range of services. These services include;
police and fire protection; animal control; emergency medical aid; building safety regulation and
inspection; street lighting; land use planning and zoning; housing and coni nunity development;
maintenance and improvement of streets and related structures; traffic safety maintenance and
improvement; and fuull range of recreational and cultural programs.
The City of Costa Mesa is home to the Segerstrom Center for the Arts, Orange County
Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which
is the single largest commercial activity center in the City. The volume of sales generated by
South Coast Plaza secures its place as the highest volume regional shopping center in the nation.
The City currently operates its own municipal fire department. The Fire Chief is appointed and
supervised by the Chief Executive Officer, The Costa Mesa City Council is the governing body
and exercises policy and budget control for the City as a whole including the Costa Mesa Fire
Department. The Fire Department consists of 93 fiull time positions that provide adnninistrative
services as well as staffing for the six fire stations. The Department has 88 sworn career
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firefighters, Of the 88 suppression positions, 30 are licensed paramedic positions. There are
currently 5 administrative and fire prevention personnel.
The Costa Mesa Fire Dcpartment provides fire prevention, inspection, plan check, emergency
preparedness, and education using non-sworn staff that operates from Costa Mesa City Hall, and
operates 6 fire stations with sworn staffing and equipment as follows:
Summary of Costa Mesa Fire Station Staffing
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Total
Positions
2450
2803 Royal 800 Baker 1865 Park 2310 Placentia Vanguard 3350 Sakioka
Palm Drive Street Avenue Avenue way Drive
Medic Medic Medic USAR Unit (4) Medic Engine Quint Tnick 29 Full-Time
Engine(4) Engine(4) Engine(4) (4) (4)
Truck (4) Battalion 10 Paramedics
Chief (1) .
Fire Prevention personnel are: Fire Marshal; Fire Protection Analyst; Fire Protection Specialist;
Fire Protection Specialist; Hazardous Material Specialist (currently contract); Clerical R (1/2
time); Intern (1/2 time).
The 2011-12 adopted budget for the Costa Mesa Fire Department is $19,875,475. In addition to
the funding contained in the Fire Department budget, other city department costs of
approximately $550,000 are incurred annually in support of fire services, The Department
generates an estimated $695,000 in revenues which offset a portion of the cost of providing fire
services in the Community.
Incident Statistics
The Costa Mesa Fire Department responded to 9,641 incidents during calendar year 2010. Of
these incidents, 6,801 were EMS/Rescue calls, and 181 were fire calls,
Emergency Response Time Goals
The Costa Mesa Fire Department has established response time goals for different types of
emergency responses as follows:
• Respond to Code 3 Emergency Medical Emergencies within 5 minutes 90% of the time
(1 minutes turnout time, and 4 minutes travel time)
• Respond to Code 3 Fire Emergencies within 5 lninutes and 20 seconds 90% of the time
(1:20 minute turtiout time, and 4 minutes travel time)
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The City has an expectation that any proposed plan for fire services will be able to meet these
emergency response time goals.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP , 2011
Deadline for Written Questions , 2011
Responses to Questions Posted on Web , 2011
Proposals are Due 2011
Interview (if held) , 2011
Approval of Contract (TBD)
All dates are subject to change at the discretion of the City
3, SCOPE OF WORK
The City of Costa Mesa is seeking capable agencies to provide a full array of fire, emergency
medical, and other emergency and non-crnergency services. Such services may include:
• Fire suppression
• Vehicle and technical rescue
• Hazmat response
• Emergency medical non -transport response (ALS and BLS), support and training
• Training and personnel development
• Fire Prevention to include: code enforcement, plans review, inspections, investigation,
and public education
• Fire administration and support to include: time and attendance reporting; fine and EMS
records management; IT; human resource management; fleet management
0 Fire Dispatch. For more information about Fire Dispatch requirements, please see the
Emergency Dispatch RFP issued by the City of Costa on , 2011.
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• Fleet Maintenance (See list of Fire Vehicles attached as ),
• Incident command
For each agency submitting a proposal for Fire and EMS services, the following are considered
mandatory:
• The ability to provide advanced life support service (ALS) within the requirements of
Orange County Emergency Medical Services (OCEMS) , who is responsible for the
approval of any emergency medical service -paramedic (EMT -P) provider in Orange
County.
• The ability to serve as a critical element within the City's emergency response system
and provide command staff during a major emergency. Provider must establish ability to
enter into or current mutual and automatic aid agreements with surrounding jurisdictions
and CALEMA.
• The ability to meet the general responsibilities for delivering fire and emergency
response services and to provide such services in a mariner that delivers these services
using generally accepted practices within the level of service agreed to with the City.
Please see the proposed Agreement attached in Appendix B for required insurance levels
and coverage.
• The ability to provide all related supplies and services and to account for all such
supplies and services provided to the City.
See Attachment A for certification program exhibits reflecting training expected of firefighters
and EMS personnel under current standards of the Costa Mesa Fire Department.
4. PROPOSAL FORMAT GUIDELINES
Interested agencies are to provide the City of Costa Mesa with a thorough proposal using the
following guidelines:
Proposal should be typed and should contain no more than 20 typed pages rising a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used. Emphasis should be concentrated on conforming
to the RFP instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals, which appear unrealistic in terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this RFP and any awarded contract, may be rejected. The following
proposal sections are to be included in the Proposer's response:
Vendor Application Form and Cover Letter
ATTACHMENT
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Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this form to
the cover letter. A cover letter, not to exceed three pages in length, should suns-narize key
elements of the proposal. An individual authorized to bind the consultant must sign the letter.
The letter must stipulate that the proposal price will be valid for a period of at least 180 days.
Indicate the address and telephone number of the contractor's office located nearest to Costa
Mesa, California and the office from which the project will be managed.
Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City,
the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP.
Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the
Scope of Work of this RFP. The Methodology Section should include:
An implementation plan that describes in detail (i) the methods, including controls by which
your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and
documenting views of internal and external stakeholders; (iii) and any other project management
or implementation strategies or techniques that the respondent intends to employ in carrying out
the work.
Detailed description of efforts your firm will undertake to achieve client satisfaction and to
satisfy the requirements of the "Scope of Work" section.
Detailed project schedule, identifying all tasks and deliverables to be performed, durations for
each task, and overall time of completion, including a complete transition plan. Include your
plan to deal with fluctuation in service needs and any associated price adjustments.
Detailed description of specific tasks you will require from City staff. Explain what the
respective roles of City staff and your staff would be to complete the tasks specified in the Scope
of Work.
Proposers niay propose to perform some or all of the services identified in this Request for
Proposals. The City will consider partial proposals and may award contracts for some or all of
the services identified and may award more than one contract. If your Proposal is for only some
of the services identified, please clearly identify which services you propose to provide.
Proposers are encouraged to provide additional innovative and/or creative approaches for
providing the service that will maximize efficient, cost-effective operations or increased
performance capabilities. In addition, the City will consider proposals that offer alternative
service delivery means and methods for the services desired.
Firms and individuals wishing to be considered shall include in their submissions the steps they
will, if selected, implement and adhere to for the recruitment, hiring and retention of former
employees of the City who have been or may be displaced due to layoff or outsourcing of
fimctions and services formerly provided by the City.
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Proposers are also requested to identify any City owned facilities or property, including existing
fire stations, apparatus and equipment which Proposer would propose to use or lease, purchase,
or rent from the City in connection with the services to be performed, including information
about the terms of any proposed lease, purchase or use of such apparatus, equipment and
facilities, and how this proposed shuchtre affects the overall cost proposal to the City.
Staffiu
Provide a list of lead personnel who will be working on this project and indicate the functions
that each will perform and anticipated hours of service of each individual.' Include a resume for
each designated individual.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications including
information listed above to the City for approval before they begin work,
Qualifications
The information requested in this section should describe the qualifications of the firm or entity,
key staff and sub -contractors perfortnning projects within the past five years that are similar in
size and scope to demonstrate competence to perform these services. Information shall include:
Names of key staff that participated on named projects and their specific responsibilities with
respect to this scope of work,
A summary of your firm's or entity's demonstrated capability, including length of time that your
firm has provided the services being requested in this Request for Proposal. Preference will be
given to Proposers who can demonstrate 5-10 years of analogous experience in delivering
Emergency Incident Management, Fire Suppression, Fire Prevention and ALS Emergency
Medical Services to an Urban Municipality of like size, demographics and complexity, which
includes a commercial, industrial, and residential mix.
In addition, if you propose to provide your own personnel to provide maintenance of the current
fire fleet and equipment (see inventory in Attachnnent B), the following minimum qualifications
apply.
Proposer shall provide a minimum of one frill time staff member certified as
required per NFPA 1071 Emergency Vehicle Technician Professional, and
California State Certified Fire / Master Mechanic level III with Pump certificate.
Proposers will provide ASE master (or equal) proficiency trained working staff to
set -vice all other equipment.
Proposers will provide working staff that have Commercial Licenses (CDL) to
test drive DOT regulated equipment after repair.
1 Hourly rates for the proposed personnel shall beset forth on Appendix D.
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ATT.
Proposer will manage the CDL random drug test program for their staff as
required by California Highway Patrol and Department of Transportation and
advise the City Representative of non-compliance.
LICENSE REQUIREMENT: Prior to the award of the contract the Contractor must be licensed in
the State of California with a valid Bureau of Automotive Repair license or other appropriate and
legal designation.
For private Proposers, provide at least five references that received similar services from your
firm. The City of Costa Mesa reserves the right to contact any of the organizations or individuals
listed. Iinformation provided shall include:
Client Name
Project Description
Project start and end dates
Client project manager name, telephone number, and e-mail address.
Financial Capacity
Provide the Proposer's latest auditcd financial statement or other pertinent information such as
internal unaudited financial statements and financial references to allow the City to reasonably
formulate a determination about the financial capacity of the Proposer. Describe any
administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer.
Fee Proposal
Disclosure
Please disclose any and all past or current business and personal relationships with any current
Costa Mesa elected official, appointed official, City employee, or family member of any current
Costa Mesa elected official, appointed official, or City employee. Arty past or current business
relationship stay not necessarily disqualify the firin ft•oin consideration.
Sample AF-reementt
The firm selected by the City will be required to execute an Agreement for Services (Agreement)
with the City. The form of the Agreement is enclosed as Appendix B, but may be modified to
shit the specific services and needs of the City. If a Proposer has any exceptions or
conditions to the Agreement, these must be submitted for consideration with the proposal.
Otherwise, the Proposer will be deemed to have accepted the form of Agreement. See
Section 13, below.
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ATTACHMENT
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Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendix to this RFP,
which should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format guidelines.
Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate
promotional material beyond those sufficient to provide a complete, accurate and reliable
presentation.
Number of Proposals
Submit one original, five (5) hard copies plus one disk copy of your proposal in sufficient detail
to allow for thorough evaluation and comparative analysis. In the event of a conflict between the
original and any hard copy or disk copy, the original shall control.
Submission of Proposals
Complete yvritten proposals must be submitted in sealed envelopes marked and received no
later than 4:00 p:m. (P.S.T) on , 2011 to the address below. Proposals ivill not be
accepted after this deadline. Faxed or e-mailed proposals Evill not be accepter,
Kimberly Hall Barlow
Jones & Mayer
City of Costa Mesa City Attorney's Office
3777 N. Harbor Blvd,
ATTACHMENT
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Fullerton, CA 92835
RE; FIRE SERVICES
Inquiries
Questions about this RFP must be directed in rvriting, via e-mail to:
Richard Amadril, Contract Manager
Rick.Arnadril@costaiiiesaca.gov
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments, responses to questions received, and additional information will be posted to the
Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business - Bids &
RFPs; Proposers should check this web page daily for new information. The City will endeavor
to answer all written questions timely received no later than , 2011. The City
reserves the right not to answer all questions.
From the date that this RFP is issued until a firer is selected and the selection is announced, firms
are not allowed to communicate outside the process set forth in this RFP with any City employee
other than the contracting officer listed above regarding this RFP. The City reserves the right to
reject any proposal for violation of this provision. No questions other than written will be
accepted, and no response other than written will be binding upon the City.
Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any
services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals
received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in
part or in its entirety. The City may waive any irregularity in any proposal. All proposals will
become the property of the City of Costa Mesa, USA. If any proprietary information is
contained in the proposal, it should be clearly identified.
G. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
1. Qualifications of Firm and Key Personnel -------25%
Includes a firm's ability to provide the requested scope of services, the firm's financial
capacity, recent experience conducting work of similar scope, complexity, and magnitude
for other public agencies of similar size, references.
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2. Approach to Providing the Requested Scope of Services -------25%
Includes an understanding of the RFP and of the project's scope of services, knowledge of
applicable laws and regulations related to the scope of services.
3. Price Proposal -----25%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Appendix D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----25%
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Corrrrnittee (Committee), which may include
members of the City's staff and pos§ibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as
non-responsive any proposal that does not include the documents required to be submitted by
this RFP. At any time during the evaluation process, the City reserves the right to request
clarifications or additional information from any or all Proposers regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals based upon the
Evaluation Criteria set forth above. The Committee may also contact Proposer's references.
Proposals that receive the highest evaluation scores may be invited to the next stage of the
evaluation process. The City may reject any proposal in which a Proposer's approach,
qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one
that would have to be substantially rewritten to make it acceptable. The City may conclude the
evaluation process at this point and recommend award to the lowest responsible bidder.
Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the
best result for the City prior to making a recommendation or selection.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in this stage of
the evaluation process may be invited to participate in an oral interview. Interviews, if held, are
tentatively scheduled for , 2011 and will be conducted at City of Costa Mesa City
Hall, 77 Fair Drive, Costa Mesa, CA 92626. This date is subject to change. The individual(s)
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frons Proposer's firm that will be directly responsible for carrying out the contract, if awarded,
should be present at the oral interview. The oral interview may, but is not required to, use a
written question/answer format for the purpose of clarifying the intent of any portions of the
proposal.
In addition to conducting an oral interview, the City may during this stage of the evaluation
process also contact and evaluate the Proposer's references, contact any Proposer to clarify any
response or request revised or additional information, contact any current users of a Proposer's
services, solicit information from any available source concerning any aspect of a proposal, and
seek and review any other information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation price, the Committee will again rank all
Proposers according to the evaluation criteria set forth above. The Committee may conclude the
evaluation process at this point, and make a recommendation for award, or it may request Best
and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and
conditions of the agreement with the highest ranked firm, which shall be determined to be the
lowest responsible bidder. The City may recommend award without Best and Final Offers, so
Proposers should include their best proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final contract terms.
Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an
agreement is reached. If contract negotiations cannot be concluded successfully within a time
period detennnined by the City, the City may terminate negotiations and commence negotiations
with the next highest scoring Proposer or withdraw the RFP.
8. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the Contract Manager at least 10 calendar days prior to the deadline for receipt of
proposals. The protest must clearly specify in writing the grounds and evidence on which the
protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the Contract Manager,
within forty-eight hours from receipt of the notice from the City advising of staffs
recommendation for award of contract. The protest must clearly specify in writing the grounds
and evidence on which the protest is based. The Contract Manager will respond to the protest in
writing at least three days prior to the meeting at which staffs recommendation to the City
Council will be considered. Should Proposer decide to appeal the response of the Contract
Manager, and pursue its protest at the Council meeting, it will notify the Contract Manager of its
intention at least two days prior- to the scheduled meeting.
9. CONFIDENTIALITY
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The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public. The City intends to release all public portions of the proposals following the
evaluation process at such time as a reconrrnendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting frorn the non-
disclosure, indemnify and hold harmless the City fi-om and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all cost and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information, If Proposer does not request that the City withhold fi•om
disclosure information identified as confidential, the City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not conunuunicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation parcel, with the exception of the Contract
Manager, regarding this RFP until after Contract Award. Proposers and their representatives are
not prohibited, however, from making oral statements or presentations in public to one or more
representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix
C) with their proposals certifying that they have not had or directed prohibited communications
as described in this section.
11. CONFLICT OF INTEREST
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The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under
this Agreement. The Proposer further covenants that it will not knowingly employ any person
having such an interest in the performance of this Agreement. Violation of this provision may
result in this Agreement being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts that night prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
past twelve months using the attached "Disclosure of Govermnent Positions Forrn." (See
Appendix F.)
13 CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Appendix B to this RFP, which may be modified by City. All Proposers are directed to
particularly review the indemnification and insurance requirements set forth in tite sample
Agreement.
The tertns of the agreement, including insurance requirerueuts have been mandated by the
City and can be modified only if exhraordinmy circusustauces exist. Submittal of a proposal
shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for
Set -vices unless the Proposer includes with its proposal, in writing, any conditions or exceptions
requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code,
the City may consider the scope and number of conditions in evaluation proposals and
determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard forth of questionnaire
inquiring whether a Proposer, any officer of a Proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Appendix E.
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15. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa Procurement Registry,
Costa Mesa - Official City Web Site - Business - Bids & RFP's; Proposers should check this web
page daily for new information.
Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All proposals
submitted become the property of the City.
Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not
a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract, successful
Proposer must furnish the City with the Certificates of Insurance proving coverage as specified
within Appendix B.
TYPE OF APPLICANT:
REQUEST FOR PROPOSAL
FIRE SER VICES
VENDOR APPLICATION FORM
❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Title:
Business Telephone:
Is your business: (check one)
❑ NONPROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION
❑ INDIVIDUAL
❑ PARTNERSHIP
Fax:
E -Mail Address:
Business Fax:
❑ FOR PROFIT CORPORATION
❑ LIMITED LIABILITY PARTNERSHIP
❑ SOLE PROPRIETORSHIP
❑ UNINCORPORATED ASSOCIATION
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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
Federal Tax Identification Number:
City of Costa Mesa Business License Number:
Title Phone
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
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PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this —day of , 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH;
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the set -vices herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") 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 California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, tine parties hereby agree as follows;
1.1. Scope of Services, Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
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 consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City, and all of its actions, communications, or
other work, during its employment, under this contract is under the direction of the City.
Consultant 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 Consultant's
performance of this Agreement.
1.3. Warranty. Consultant 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
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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. Consultant shall indemn4 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 Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants 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.
1.6. Delegation and Assigrunent. 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. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation, [TBD]
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
Manager for this Project, prior- to Consultant 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. Consultant may subunit invoices to City's affected supervisor
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 Consultants' services which have been completed to City's sole
satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City
receives said 'invoice. Each invoice shall describe in detail, the services performed 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 Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
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made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Conunencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
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. Tenn. This Agreement shall commence on the Effective Date and continue for a
period of five years, unless previously terminated as provided herein or as otherwise agreed to in
writing by the parties. At the end of the term period, the City may determine, in its sole
discretion, to exercise an option to renew the contract for up to two periods of one (1) year each.
The City shall give notice to Consultant of its intention to exercise such option at least 30 days
prior to expiration of the base, or option, term.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such tertnination, Consultant shall inunediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, imnate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
5.0. INSURANCE
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5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than Twenty Million Dollars ($20,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($5,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements fi-om its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than Twenty Million Dollars ($20,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance 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, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
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5.3 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 all 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: Consultant 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.
5.5. Non -limiting: Nothing in this Section shall be constitied as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
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 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.
Consultant shall designate a representative for purposes of this Agreement who
shall be. authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant 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
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant 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,
facsimile or mail and shall be addressed as set forth below. Such cormnunication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
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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 CONSULTANT:
Consultant
12345 Jefferson Rd.
Costa Mesa, CA 92626
Tel: 555-555-5555
Fax: 555-555-5555
Attn:
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" and incorporated herein by reference. Consultant'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': 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 wider 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: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant'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 Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
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6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "htdemnitees")
fi-om and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting frons, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Agreement
by the Consultant (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indenmity and defense obligations shall
apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemtitec negligence or other fault c�uscd or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal injuries,
wrongful death, mental or emotional distress, loss of consortium, damage to or loss of use of
real, personal or intangible property of any kind, loss of income, loss of earning capacity, and
business, financial, conunercial or pecuniary losses of any kind whatsoever, and attorneys fees,
and costs and expenses of any kind whatsoever.
Consultant's indenu-tity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising front
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or fi-oin any allegation of an
injuty to an employee of the Consultant or subcontractor performing work or labor necessary to
carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge or
otherwise reduce any other obligation of indemnity the Consultant may have with respect to the
City which may otherwise exist. If any judgment is rendered against the City or any of the other
individuals enumerated above in any such action, the Consultant shall, at its expense, satisfy and
discharge the same. This indemnification shall survive termination or expiration of this
Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his 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
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the set -vices to be performed hereunder.
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6.11 PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant 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, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant 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, Consultant and any of its employees, agents, and subcontractors
providing set -vice 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. 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
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant 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 Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting fi-onn City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant 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 Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, infonriation, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
raider this Agreement. Consultant, when requested, shall furnish clarification acrd/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. Ira the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
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drawings, estimates and other Consultant 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,
6.15. Prohibited Em to ent: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16, 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 the Proposal, 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 Proposal.
6.17. 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.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant 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.
6.19 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.
6.20. Construction: The patties 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 vvlue of the authorship of any of the provisions of this
Agreement.
6.21, Amendments: Only a writing executed by the paries hereto or their respective
successors and assigns may amend this Agreement.
6.22. 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.
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6.23. Severability: If any provision of this Agreement is detern-tined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as 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.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be consh ued together and shall
constitute one agreement.
6.25. 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,
CITY OF COSTA MESA,
A municipal corporation
City Manager of Costa Mesa
CONSULTANT
Signature
Date:
Date:
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Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE;
Risk Management
APPROVED AS TO CONTENT:
Date:
Date;
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Project Manager
Date;
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EXHIBIT A
CONSULTANT'S PROPOSAL
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I011ylIII'3118
CITY COUNCIL POLICY 100-5
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ATTACHMENT
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SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-
free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a
variety of programs, is required to abide by this Act. The City Council has expressed its support of the
national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of
a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free
community. This policy is intended to extend that effort to contractors and grantees of the City of Costa
Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug -flee society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds
from the City of Costa Mesa share the commitment to a drug-free workplace.
POT JCV
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
following provisions are included in all contracts and agreements entered into by the City of Costa
Mesa involving the disbursement of Rinds.
1. Contractor or Sub -grantee hereby certifies that it will provide a da-rlg-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in Contractor's
and/or sub -grantee's workplace, specifically the job site or location included in this
contract, and specifying the actions that will be taken against the employees for
violation of such prohibition;
b. Establishing a Drug -Free Awareness Program to inform employees about:
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ATT.
1. The dangers of drug abuse in the workplace;
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ACHMENT 3
36
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free
workplace;
3. Any available drug counseling, rehabilitation and employee assistance
programs; and
4. The penalties that may be unposed upon employees for drug abuse
violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will;
1. Abide by the terms of the statement; and
2. Notify the employer of any crimfiial drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted;
1, Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health agency, law enforcement, or other
appropriate agency,
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3, Making a good faith effort to maintain a drug-frce workplace through
implementation of subparagraphs 1 A through 1 F, inclusive.
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g, Making a good faith effort to maintain a drug-free workplace through implementation of
subparagraphs 1 A through 1 F, inclusive
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant
to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject
to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final
decision under this section requiring debarment of a contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant
from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years.
Upon issuance of any final decision recommending against debarment of the contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided
by law.
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EXHIBIT C
ATT.
CERTIFICATES OF INSURANCE
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39
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Aloft
I��
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2ul
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following hvo statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the Fire/EMS Services RFP at any time after (INSERT DATE
OF ISSUANCE OF RFP], 2011.
moo
I certify that Proposer or Proposer's representatives have communicated after [INSERT DATE
OF ISSUANCE OF RFP] 2011 with a City Councilmember concerning the Fire/EMS Services
RFP. A copy of all such communications is attached to this form for public distribution.
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ATT.
PRICING PROPOSAL FORM
FIRE SERVICES
42
Provide hourly rates, along with estimated annual pricing in accordance with the City's current
requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing
Pian on a separate sheet of paper. Proposer should use a separate form to state pricing for any
added value.
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for
follow-on contract renewal periods shall be provided no later than one hundred eighty (180) days prior to
the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of
Labor Statistics Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All
Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same
month in the subsequent year. (This information may be found on the U.S. Department of Labor's website
at wxvw.bls.gov.)
Employee
Hourly Rate
Overtime rate
Employee 1 hours X applicable rate = $
Employee 2 hours X applicable rate — $
Employee 3 Hours X applicable rate = $
Page 42 of 57
ITotal Estimated Annual Price 1 $
ATTACHMENT 3
43
ATTACHMENT
44
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Page 44 of 57
ATT
Page 45 of 57
45
L z
Page 45 of 57
45
Wo
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently bold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past hvelve months, List below or state "None."
Page 46 of 57
ATTACHMENT
Attachment A
Page 47 of 57
ATTACHMENT
JOB DESCRIPTIONS
See Attachments
JOB QUALIFICATION AND CERTIFICATION REQUIREMENTS
All positions, both sworn and non -sworn, within the Costa Mesa Fire Department need to
comply with the standards and requirements outlined in the State Fire Procedures
Manual, specifically as they relate to certification through the California Fire Service
Training and Education System (CFSTES) and the Fire Service Training and Education
Program (FSTEP). http://osfiii.fire.ca.gov/trainitig1pdf/SFTProceduresMantial.pdf
The California Fire Service Trai-nhig and Education System (CFSTES) was created in an
effort to establish coordination among the various elements that contribute to the
development, delivery, and administration of training for the California fire service.
The objective of CFSTES is to provide a single statewide focus for fire service trail -ling in
California. CFSTES has become synonymous with CERTIFICATION. The term
"certification" is used to recognize an individual for having met approved professional
standards by meeting certification prerequisites, experience requirements, completing a
specific accredited course of study, and passing appropriate certification examinations.
The Fire Service Training Education Program, or FSTEP, is designed to provide both
volunteer and career fire fighters with hands-on training in fire frglhting, extrication,
rescue, emergency vehicle operations, pump operations, and the Incident Command
System. Upon successful completion of a course, the instructor will issue a California
State Fire Marshal's certificate of completion to the student.
FSTEP is also the term used for the training programs available from State Fire Training
(SFT) that do not lead toward certification. In addition to the traditional FSTEP courses,
the Incident Command System, Confined Space Rescue, Emergency Care of the Sick and
Injured and other Fire Service Specialty classes included under the FSTEP umbrella.
These courses vary in length, ranging from self -study programs for some of the ICS
courses to 40 hours for Confined Space Rescue Operations training. Instructor guides and
student manuals
The CFSTES guidelines cover all of the current sworn and non -sworn positions through
the Fire Apparatus Driver / Operator, Firefighter, Fire Officer, Fire Marshal, Public
Education Officer, and Fire Service Specialties Series. Firefighter Paramedic has the
additional certification of Paramedic and is governed by the standards set by Orange
County Emergency Medical Services (OCEMS).
Page 48 of 57
Costa Mesa Firefighter Certification ATTACHMENT 3
The following requirements must be completed prior to the end of the probationary period.
A trainee will receive CMF1D Firefighter certification upon successful completion of all the
requirements listed below.
Condition of Continued Employment (Individual candidate's responsibility):
1. Maintain current CPR certification.
2, Maintain EMT or Paramedic certification,
3. FRO — Hazardous Materials First Responder Operational 24-hour OSFM course.
4. ICS 1-200 Basic ICS 12 -hour OSFM course.
Federal Requirements:
5. RT -130 Annual Fireline Safety Refresher Training,
6, S-130 Firefighter Training course, January 2008, NWCG Self Paced CD,
7. S-190 Introduction to Wildland Fire Behavior course, January 2008, NWCG Self Paced CD.
8. ICS I-100 or IS -00100.a Introduction to Incident Command System course, FEMA online.
9. IS -00700.a National Incident Management System "NIMS" an Introduction course, FEMA
online.
10. IS -00800.b National Response Framework, an Introduction course, FEMA online.
State Requirements:
11, G606 Introduction to Standardized Emergency Management System "SEMS",
Costa Mesa Fire Department Requirements:
12. IS -00200.a ICS for Single Resources and Initial Action Incidents, FEMA online.
13, Low Angle Rope Rescue Operational 24-hour OSFM May 2007 edition course needs to be
completed 18 months from hire date. This course may be waived if RSI was completed prior
to May 2007. (Note: Reg Leave until cleared for EOTfVAC)
14. Rescue Systems I 40 -hour OSFM 2000 edition course needs to be completed 18 months from
hire date. (Note; Reg Leave until cleared for EOTNAC)
15, Successfirl completion of the OSFM Firefighter I Check Off Sheet.
16. Obtain, as a minimum, a Class "B" Firefighter Restricted Driver License with "N"
Endorsement & Air Brakes. Done after testing is complete.
Obtain a current Medical Examination Report - DL 51 & DL 51A.
Successful completion of a Pre -Trip Inspection on an Engine - DL 65 Part I.
Successfirl completion of a Skills Tests "Rodeo' on an Engine - DL 65 Part H.
Successful completion of a Driving Road Test on an Engine - DL 65 Part IT.
17. Successfirl completion of the Probationary Skills Manipulative Tests.
18. Successful completion of the Final Probationary Written Test.
19. Successfirl completion of the Final Probationary Manipulative Test.
20. Successful completion of the probationary period and CMFD Firefighter Certification.
Revision Date: 1 May 2009
ExcellenceE ort Expertise
Page 9 of 57
Page 1 of 1
ATTACHMENT3
Costa Mesa Fire Department Engineer Certification Program
Iingincer trainees are responsible for all existing and future requirements. Trainees will
receive CMFD Engineer certification upon successful completion of all requirements listed
below.
Prerequisites:
1. Must be a certified Costa Mesa Firefighter for one year or possess equivalent training and
experience as approved by the Fire Chief.
2. Must meet the current Costa Mesa Firefighter certification requirements.
3. OSFM Firefighter I certification.
4. Driver Operator 1 A October 2008 edition or Completion of the CMFD Firefighter
Endorsement Training Program. (Need one of these to obtain the "Firefighter Employment
and Training Verification farm" from the Fire Chief This form will be on Fire Department
letterhead and signed by the Fire Chief.
5, Obtain a current Medical Examination Report on file - DL 51 & DL 51A (Green Card).
State Requirements:
6. Obtain a Class "C" Driver License with a Firefighter Endorsement.
• Submit to DMV the "Firefighter Employment and Training Verification" form.
• Pass the DMV written test,
• Bring your DL 51A (Green Card) to DMV,
Costa Mesa Fire Department Requirements:
7. Successful completion of a Pre -Trip Inspection on a Fire Engine - DL 65 Part I.
8. Successful completion of a Driving Performance Evaluation on a Fire Engine - DL 65 Part IT.
9. Successful completion of the CMFD Engine Rodeo Course on a Fire Engine.
10. Successful completion of a Pre -Trip Inspection on the USAR - DL 65 Part I.
11. Successful completion of a Driving Performance Evaluation on the USAR - DL 65 Part U.
12. Successful completion of the OSFM Firefighter II Check Off Sheet.
13. Successful completion of the 8 -hour Emergency Vehicle Operator Course (EVOC) at the San
Bernardino Sheriff EVOC School.
14. Confined Space Rescue 40 -hour OSFM course.
15. Successful completion of the Engineer Map Written Test.
16. Successful completion of the Engineer Written Test.
17, Successful completion of the Manipulative Pumping Test on the Engine.
18, Successful completion of the Manipulative Test on the Quint.
19. Successful completion of the Manipulative Test on the USAR,
20. Successful completion of the CMFD Tiller Apparatus Certification.
21. Successful completion of the Manipulative Test on the Tiller.
Revision bate: October 1. 2011
ExcellenceE ort E.vperiise
Page 0 of 57
Page 1 of
ATTACHMENT
Costa Mesa Fire Department Engincer Certification Program
Desirable (Optional) Requirements for Engineer. Successful conil)letion, certification and
experience in the following areas will be considered during the "Appraisal of
Promotability" process for the rank of Engineer.
1. Auto Extrication 16 -hour OSFM course.
2. Trench Rescue 16 -hour OSFM course or the new 24 -Hour OSFM 2009 edition course.
3. Rescue Systems II 40 -hour OSFM course.
4. River & Flood Rescue Operations 24-hour OSFM course.
5. Fire Apparatus Driver/Operator IA: Emergency Vehicle Operations 40 -hour OSFM course.
6. Fire Apparatus Driver/Operator 1B: Pump Operations 40 -hour OSFM course.
7. Fire Apparatus Driver/Operator 1 C: Aerial Operations 40 -hour OSFM course (Under
development)
8. TLO Basic 8 -hour course.
9. S-231 Engine Boss 16 -hour NWCG course,
10. Move -up Engineer experience as documented on the Skill Maintenance form.
Revision Date: October 1, 2011
ExcellenceE fort F peruse
Page 1 of 57
Page 2 of 2
ATTACHMENT
Costa Mesa Captain Certification
Captain trainees are responsible for all existing and future requirements. Trainees will
receive CMFD Captain certification upon successful completion of all requirements listed
belusv.
Prerequisites:
1. Must be a certified Costa Mesa Firefighter for a minimum of three years or possess
equivalent training and experience as approved by the Fire Chief,
2. Must meet the current Costa Mesa Firefighter certification requirements.
3. Must meet the current Costa Mesa Engineer certification requirements.
4. Must maintain a current Medical Examination Report on file - DL 51 and DL 51 A.
5. Must maintain, as a minimum, a Class `B" Firefighter Restricted Driver License with "N"
Endorsement & Air Brake,
Federal Requirements:
6. S-231 Engine Boss 16 -hour NWCG course.
7. S-290 Intermediate Wildland Fire Behavior 32 -Hour NWCG course.
State Requirements:
8. ICS I-300 Intermediate ICS 24-hour OSFM course.
9. Connmand IA: Command Principles for Company Officers 40 -hour OSFM course.
10. Command 113: Incident Management for Company Officers 40 -hour OSFM course.
11, Command 1C: I -Zone Fire Fighting for Company Officers 40 -hour OSFM course.
12. Instructor lA: Instructional Techniques, Part 1 40 -Hour OSFM course.
13. histructor IB: Instructional Techniques, Part 2 40 -hour OSFM course.
14. Investigation IA: Fire Origin and Cause Determination 40 -hour OSFM course,
15. Management 1: Management/Supervision for the Company Officer 40 -hour OSFM course.
16. Prevention 1A: Introduction to the California Fire Code 40 -hour OSFM course.
17. Prevention 1B: Inspection of Fire Protection Systems and Special Hazards 40 -hour OSFM
course.
18. Or OSFM Fire Officer certification in lieu of items 9-17.
Costa Mesa Fire Department Requirements:
19, Trench Rescue 16 -hour OSFM course or the new 24-hour OSFM 2009 edition course.
20. Santa Ana College non -paid instructor certification for the Training Hours Reimbursement
Program.
21. OSFM Firefighter II certification.
22. OSFM Fire Instructor I Certification.
23. Successful completion of an Engine Company Evaluation Drill evaluated by your shift BC.
24. Successful completion of a Truck Company Evaluation Drill evaluated by your shift BC.
25. Successful completion of a Technical Rescue Evaluation Drill evaluated by your shift BC.
26. Successful completion of a Fire Simulator of a First Alarm structure fire assiginnent to
include a size -up report, follow-up report and transfer of command to the BC evaluated by
your shift BC and the ABC/TO.
27. Successful completion of a Fire Simulator of a MCI to include a size -up report, follow-up
report and transfer of command to the BC evaluated by your shift BC and the ABC/TO.
Revision Date: E January 2009
ExcellenceEf�ort Expertise
Page 2 of 57
Pagel of2
Costa Mesa Captain Certification ATTACHMENT 3
28. Successful completion of a Fire Simulator of a High-rise structure pre assignment to include
a size -up report, follow-up report and transfer of cominand to the BC evaluated by your shift
BC and the ABC/TO.
29. Successful completion of Harassment Prevention Training class sponsored by our Human
Resources Department - AB 1825 Training Mandate.
30. Successful completion of a Ten -Shift Evaluated Tour as a Captain scheduled by your shift
BC. All requirements must be completed prior to starting the Ten -Shift Evaluated Tour.
Desirable (Optional) Requirements for Captain. Successful completion, certification and
experience in the following areas will be considered during the "Appraisal of
Proinotability" process for the rank of Captain.
1. 5-215 Fire Operations in the Wildland/Urban Interface 32 -hour NWCG course.
2. 5-404 Safety Officer All Risk 32 -hour NWCG course.
3. Auto Extrication 16 -hour OSFM course.
4. Rescue Systems H 40 -hour OSFM course.
5. River & Flood Rescue Operations 16 -hour OSFM course.
6. OSFM Fire Prevention Officer certification,
7. OSFM Public Education Officer I certification.
8. Cumulative years of experience as a Firefighter/Paramedic and/or Engineer.
9. Move -up Captain experience as documented on the Skill Maintenance form.
10. Move -up Engineer experience as documented on the Skill Maintenance form.
11. A.A, or A.S. "2 -year degree" from an accredited college.
12. B.A. or B.S. "4 -year degree" from an accredited college.
13. Master degree from an accredited college.
14. Participation as a successfid contributing member on:
A Costa Mesa Fire Department or City committee.
A Costa Mesa Fire Department special project, event, task force and/or administrative
assignment.
The CMFA Board
The Meet & Confer Team
PRMB corrunittee
Revision Date: I January 2009
Excellence Effort gxperfise
Page bJ of 57
Page 2 of
ATTACHMENT
Costa Mesa Battalion Chief Certification
Battalion Chief trainees are responsible for all existing and future requirements. Trainees
will receive CMFD Battalion Chief certification upon successful completion of all
requirements listed below.
Prerequisites:
1. Must be a Costa Mesa Captain for a minimum of three years or possess equivalent training
and experience as approved by the Fire Chief.
2. Must meet the current Costa Mesa Captain certification requirements.
3. Must be a certified Engine Boss.
4. Must maintain a current Medical Examination Report on file - DL 51 and DL 51A.
5. Must maintain, as a minimum, a Class `B" Firefighter Restricted Driver License with "N"
Endorsement & Air Brake. Note: A Class "C" Driver License will be allowed as a minimum
once promoted to the rank of Battalion Chief
Federal Requirements:
6. S-215 Fire Operations in the Wildland/Urban Interface 32 -Hour NWCG course.
7. S-330 Strike Team Leader 24-hour NWCG course.
State Requirements:
8. ICS I-400 Advance ICS 22 -hour OSFM course.
Costa Mesa Fire Department Requirements:
9. S-404 Safety Officer All Risk 32 -hour NWCG course.
10. OSFM Fire Officer certification.
11, OSFM Fire Prevention Officer certification.
12. OSFM Public Education Officer I certification.
13. River & Flood Rescue Operations 16 -hour OSFM course.
14. Rescue Systems R 40 -hour OSFM course.
1 S. Crisis Communications & the Media: 15f Level 40 -hour CSTI course.
Career Deveiopmcnt Program: December It, 2408
Excellence Effort Expertise
Page 54 of 57
Page I of 2
ATTACHMENT
Costa Mesa Battalion Chief Certification
Desirable (Optional) Requirements for Battalion Chief, Successful completion,
certification and experience in the following areas will be considered during the "Appraisal
of Promotability" process for the rank of Battalion Chief.
1. B.A, or B.S. "4 -year degree" from an accredited college/university (highly desirable).
2. Enrollment in or a graduate of a Master Degree from an accredited college/university.
3. Enrollment in or a graduate of the NFA Executive Fire Officer Program "EFOP
4. Cumulative years of experience as a Firefighter, Firefighter/Paramedic, Engineer and
Captain.
5. Move -up Battalion Chief experience as documented on the Skill Maintenance form.
6. Participation as a successful contributing member on:
• Costa Mesa Fire Department or City committees.
• Costa Mesa Fire Department special projects, events, task forces and/or administrative
assignments.
• The CMFA Board
• The Meet & Confer Team
• PRMB committee
California State Chief Officer Certification Track
7. Command 2A: Command Tactics at Major Fires 40 -hour OSFM course.
8. Command 2B: Management of Major Hazardous Materials incidents 40 -hour OSFM course.
9. Conunand 2C: High Rise Fire Tactics 40 -hour OSFM course.
10. Command 21): Planning for Large Scale Disasters 40 -hour OSFM course.
11. Command 2E: Wildland Fire Tactics 40 -hour OSFM course.
12. Management 2A: Organizational Development and Human Relations 40 -hour OSFM course.
13. Management 2B: Fire Service Financial Management 40 -hour OSFM course,
14. Management 2C: Personnel and Labor Relations 40 -hour OSFM course.
15. Management 2D: Master Planning 40 -hour OSFM course.
16. Management 2E: Contemporary issues and Concepts 40 -hour OSFM course.
California State Fire Marshal Certification Track
17. Prevention 2A: Fire Protection Systems and Building Components 40 -hour OSFM course.
18, Prevention 2B: interpreting the UBC and CBC 40 -hour OSFM course.
19. Prevention 2C: Special Hazard Occupancies 40 -hour OSFM course.
20. Prevention 3A: Hydraulic Sprinkler Calculations 40 -hour OSFM course.
21. Prevention 313: Plan Checking 40 -hour OSFM course.
22. Instructor 2B: Group Discussion Techniques 40 -hour OSFM course,
4areer vevelopment Program: mcember 11, 2008
Excellence Effort Expertise
Page 55 of 57
Page 2 of 2
ATTACHMENT
Attachment B
Page 56 of 57
ATTACHMENT
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