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HomeMy WebLinkAboutC-7808-1 - PSA for Standards of Cover and Strategic Plan UpdateO C—' PROFESSIONAL SERVICES AGREEMENT V WITH EMERGENCY SERVICES CONSULTING INTERNATIONAL, INC. FOR STANDARDS OF COVER AND STRATEGIC PLAN UPDATE THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of December, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EMERGENCY SERVICES CONSULTING INTERNATIONAL, INC., an Oregon corporation ("Consultant"), whose address is 25030 SW Parkway Avenue, Suite 330, Wilsonville, Oregon 97070, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to analyze the Fire Department's service - delivery models, make recommendations, and develop strategies to update the August 2014 Standards of Cover and Strategic Plan ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2020, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Six Thousand Forty Dollars and 00/100 ($66,040.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not Emergency Services Consulting International, Inc. Page 2 reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Kurt Latipow to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Fire Department. City's Fire Chief or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the Emergency Services Consulting International, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil Emergency Services Consulting International, Inc. Page 4 service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Emergency Services Consulting International, Inc. Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Emergency Services Consulting International, Inc. Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Emergency Services Consulting International, Inc. Page 7 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Fire Chief Fire Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Kurt Latipow Emergency Services Consulting International, Inc. 25030 SW Parkway Avenue, Suite 330 Wilsonville, OR 97070 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and Emergency Services Consulting International, Inc. Page 8 identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Emergency Services Consulting International, Inc. Page 9 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Emergency Services Consulting International, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I l , I Z • 19 By: I.J K a 'P. r C. Harp 4w it.'7,'tGt City Attorney ATTEST:' n� Date: p(�J Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California m nici al corporation Date: Imo,/Js z By: Je Boyles Fire Chief CONSULTANT: Emergency Services Consulting International, an Oregon corporation Date: Signed in Counterpart A, Sheldon Gilbert Chief Executive Officer Date: Lid Signed in Counterpart Andrea Hobi Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Emergency Services Consulting International, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: It • I Z • 19 CITY OF NEWPORT BEACH, a California municipal corporation By: IAJ k a (Pw� By: POrdfi C. Harp k""1 »•'z't`t Jeff Boyles City Attorney Fire Chief ATTEST: CONSULTANT: Emergency Services Date: Consulting International, an Oregon corporation (� 1 q — -/ r Date: i / By: By: Leilani I. Brown Sheldon Gilbert City Clerk Chief Executive Officer Date: / / / q ?'V r f By: Andrea obi Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Emergency Services Consulting International, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Emergency Services Consulting International Page A-1 Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department I Exhibit A: Scope of Services The intent of this project is to produce an updated Standards of Cover (SOC) document that is fully compliant with industry best practices in the field of deployment analysis. This evaluation and analysis of data will be based on nationally recognized guidelines and criteria, including recognized National Fire Protection Association (NFPA) standards, Insurance Services Office (ISO) schedules, any federal and state mandates relative to emergency services, and generally accepted best practices within emergency services. All methodology used in updating the department's Standards of Cover analysis will follow industry related best practices. Project Scope of Work The following phases and tasks will be completed to produce the final updated report and recommendations. This methodology has been developed specifically for this project based on our understanding of your expectations. ESCI will utilize approaches, tools, and techniques proven through experience to provide the kind and quality of information needed to make objective, informed decisions. The proposed methods, procedures, and anticipated deliverable items of this project have been organized into phases. Each project phase is described in detail below and on the following pages. Phase I: Project Initiation & Information Acquisition Task I -A: Project Initiation & Development of Work Plan ESCI will develop a project work plan based on the scope of work and converse with the community's project team to gain a comprehensive understanding of the organization's background, goals, and expectations for this project. This work plan will be developed identifying: • Primary tasks to be performed • Person(s) responsible for each task • Method of evaluating results • Resources to be utilized • Possible obstacles or problem areas associated with the accomplishment of each task This exchange will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Task I -B: Acquisition & Review of Background Information ESCI will request pertinent information and data from the organization's assigned liaison. This data will be used extensively in the review, analysis and development of the updated SOC document. The documents and information relevant to this project will include, but not be limited to, the following: • Past or current department studies or research • Community Comprehensive Plan documents, including current and future land use information • Local census and demographics data • Zoning maps and zoning code • Financial data, including debt information, long-range financial plans and projections ESCIEmergency Services 4 Consulting International Standards of Cover & Strategic Plan Updates • Department administrative policies and procedures • Standard Operating Guidelines (SOGs) and service delivery practices • Current service delivery objectives and targets • Facilities and apparatus inventories • Local collective bargaining agreement(s), if applicable • Automatic and mutual aid agreements • Computer -Aided Dispatch (CAD) incident records City of Newport Beach Fire Department • Records management data, including National Fire Incident Reporting System (NFIRS) incident data • Local Geographic Information Systems (GIS) data, where available Phase II: Community Risk Assessment ESCI will conduct an all -hazards analysis of the community based on the elements included in the following objectives. The purpose of this evaluation is to update and evaluate the community's hazards, threats, vulnerabilities, and risks in comparison to recognized standards and best practices, as well as to create benchmarks against which to compare future improvement. Task II -A: Description of Community Served An overview of the organization will be developed to include: • Community Characteristics, including general location, history, geography, topography, climate, local government type, jurisdictional area, and surrounding jurisdictions • Demographic characteristics • Transportation networks • Physical assets protected • Planning zones, or fire management (response) zones • Target Hazards Task II -B: Review and Update Community Expectations & Performance Goals ESCI will examine and documentthe levels of service historically provided to the community. Within this analysis, the service area will be evaluated based on population density and fire management zones that will be used in the development of future performance objectives. ESCI will use the fire management zone noted above combined with input from citizens, elected officials, and other stakeholders to determine the appropriate level of service. ESCIEmergency Services $ Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Task II -C: Stakeholder Input The ESCI project team will conduct on-site interviews and gather information from key personnel and stakeholders. Some information may be acquired through electronic forms, online surveys, and/or telephone interviews. Individuals will include, but not be limited to: • City management and elected members of the City council. • Fire Chief and command staff. • Individuals responsible for finance. • Representative(s) of the department's labor leadership. • Select group of firefighters and company officers. • Community groups. • External fire and EMS agencies within the region • Employee and volunteer groups (such as CERT) • Others as they may contribute to this project From these interviews, ESCI will update previous information and obtain additional perspective on operational, economic, and policy issues facing the agency. Further, the project staff will complete a summary of Strengths, Weaknesses, Opportunities, and Threats (SWOT) identified in the course of stakeholder interviews. The results of this task will also be included as feedback for the Customer Centered Strategic Plan process. Task II -E: Spatial Visualization of Data & Information ESCI will use local planning/zoning data combined with available Geographic Information System (GIS) data to evaluate the physical risks of the communityto include: • Overall geospatial characteristics including political and growth boundaries, construction, and infrastructure limitations • Topography including response barriers, elevation extremes, and open space/interface areas • Transportation networks including roads, rail lines, airports, and waterways • Evaluation of physical assets protected • Risk Assessment Methodology • Community -Wide Hazards, treats, vulnerabilities, and risks • Risk Assessment Matrix • Community Safety and Remediation Programs • Community Fire Protection and Detection Systems • Community Loss and Save Information • Risk by Response Category: Fire, Emergency Medical, and Other Incidents • Risk by Planning / Demand Zone • Utilize three -axis or bar data visualization to include probability, consequence, and organization impact (resiliency) ESC P Emergency Services V Consulting International Standards of Cover & Strategic Plan Updates Phase III: Develop Updated Standards of Cover City of Newport Beach Fire Department ESCI will conduct an organizational analysis of the department based on the elements included in the following objectives. The purpose of this evaluation is to assess the agency's operations in comparison to industry standards and best practices, as well as to create benchmarks against which to compare future improvement. Task III -A: Description of the Department An updated overview of the organization will be developed evaluating: • Service area general population and demographics • Contributing factors • History, formation, and general description of the agency community • Governance and lines of authority • Organizational design • Operating budget, funding, fees, taxation, and financial resources Task III -B: Review of Services Provided The services currently provided by the department will be evaluated. Areas to be considered include: • Description of the current service delivery infrastructure • Review of emergency response services by type • Review and evaluate operational staffing levels, distribution, and assignment • Review staff allocation to various emergency functions • Review staff scheduling methodology Task III -C: Capital Facilities & Equipment During this component, a review of current major capital assets (facilities and apparatus) will be completed relative to the existing condition of capital assets and their viability for continued use in future service delivery. This evaluation will include: Facilities—Tour and make observations in areas critical of current station location and future station considerations. Items to be contained in the report include: • Design • Construction • Safety • Environmental issues • Code compliance • Staff facilities • Efficiency • Future viability Apparatus & Vehicles—Review and make recommendations regarding inventory of apparatus and equipment. Items to be reviewed include: • Age, condition, and serviceability • Distribution and deployment ESCJEmergency Services Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Task III -D: Provision of Services Across Jurisdiction An overview of the provision of services across the jurisdiction will be updated evaluating: • Deployment Considerations • Service Provision Methodology ■ Computer Aided Dispatch (CAD) System • Unit Types and Staffing Response Levels ■ Resiliency • Critical Task Analysis: Fire Suppression, Emergency Medical Incidents, Other Incidents • Baseline Performance • Performance Monitoring Methodology • Response Metrics: Population Categories, Hazard Types, Risk Levels • System Wide • By Planning Zone of Response Zone Task III -E: Review of and update Historical System Performance Review and make observations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: • Resource Distribution Study ■ Overview of the current facility and apparatus deployment strategy, analyzed through Geographical Information Systems software, with identification of service gaps and redundancies in initial unit arrival • Resource Concentration Study • Analysis of response time capability to achieve full effective response force ■ Analysis of company and staff distribution as related to effective response force assembly • Response Reliability Study (to the extent data is complete) • Analysis of current workload, including unit hour utilization of individual companies • Review of actual or estimated failure rates of individual companies • Analysis of call concurrency and impact on effective response force assembly (resource drawdown) • Analysis of call concurrency and impact on resource exhaustion • Historical Performance Summary • Analysis of actual system reflex time performance, analyzed by individual components • Mutual and Automatic Aid Systems ESCI will evaluate the current workload of the department and relate that analysis to the previously described community risk. An analysis will be completed, and a matrix will be developed for the community's common and predictable risk types identifying staffing and resource needs. The matrix shall be developed with consideration to: Emergency Services I ESu Consulting International 8 Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department • Service Demand study that will analyze and geographically display current service demand by incident type and temporal variation • Risk -specific staffing levels to meet the critical tasking analysis for the identified risks • Apparatus assignments to accommodate the anticipated fire flows and other critical functions of the identified risks • Time standards that will provide for effective initiation of critical tasks and functions • Summary of current available resources in matrix format Task III -F: Establishment of Updated Performance Objectives The establishment of fire and EMS response time standards and targets is a primary responsibility of policymakers, based on community risk, citizen expectations, and the fire agency's capabilities. ESCI will provide data analysis and comparison against industry standards and will recommend response performance goals. ESCI will identify the current level of emergency services provided by the department and compare the department's performance against industry standards and best practices, such as the benchmarks described by the Insurance Services Office (ISO), consensus standards from the National Fire Protection Association (NFPA), recommended practices from the Center for Public Safety Excellence (CPSE), and other pertinent resources. • All Programs • Fire Suppression Services • Emergency Medical Services • Hazardous Materials Services • Technical Rescue Services • Airport Rescue and Firefighting A review and discussion of existing response performance goals (if in place) ora discussion of existing response performance (if goals are not in place) will be provided matching the nature and type of risks identified in the previous report sections. ESCI will then recommend response performance goals as follows: • Evaluation of Performance • Benchmark Objective Tables • Evaluation Methodology • Factors to Consider • Evaluation Findings • Response Time Performance — Each timed element of the response system, from receipt of call to first unit arrival • Resource Distribution — Initialattack(firstdue)resourcesforrisk-specific intervention • Resource Concentration — Effective response force assembly (apparatus and personnel), of the initial resources necessary to stop the escalation of the emergency for each risk type ESCI will also review and consider any current or draft performance goals, objectives, and measures in place by the agency to determine recommended levels of service. ESCJ9Emergency Services Consulting International Standards of Cover& Strategic Plan Updates City of Newport Beach Fire Department Phase IV: Plan for Maintaining & Improving Response Capabilities Task IV -A: Overview of Plan ESCI will work with the department's management team to develop a methodology that will allow the department to continually measure future performance of the purpose of maintaining and improving response capabilities. This methodology will include, but not necessarily be limited to: • Records Management Systems (RMS) usage policies • Assignment of oversight responsibilities • Schedule of assessments • Review requirements Task IV -B: Overall Evaluation, Conclusions, & Recommendations to Policymakers ESCI will develop and analyze various operational models for providing emergency services with the specific intent of identifying those options that can deliverthe optimum levels of service identified in the previous task at the most efficient cost. Recommendations will be provided identifying the best long-range strategy for service delivery and the impact of initiating such a strategy. ESCI will develop one or more long-range options for resource deployment that will improve the region's level of service towards the identified performance objectives and targets. This may include, but is not necessarily limited to, specific recommendations regarding: • Any relocation of existing facilities • General locations of future necessary fire stations • Selection and deployment of apparatus by type • Deployment of operations personnel, special units, or resources ESCI will evaluate and present in graphical and descriptive format for the deployment option(s): • Degree of benefit to be gained through its implementation • Extent to which it achieves established performance targets • Potential negative consequences Phase V: Development, Review, Update & Delivery of Final Report Task V-A: Develop & Review Draft Project Report ESCI will develop and produce an electronic draft version of the written report for review by the client and client representatives. Client feedback is a critical part of this project and adequate opportunity will be provided for review and discussion of the draft report prior to finalization. Review of the draft will be performed through web -based video conferencing. /'� Emergency Services I 10 V Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Task V -B: Delivery of Final Document ESCI will complete any necessary revisions of the draft and produce ten publication -quality bound, final versions of the written report. The final report will include an executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations. A formal presentation of the project report will be made by ESCI project team member(s) to staff, elected officials, and/or the general public and will include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations • Supportive audio-visual presentation • Explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate • Opportunity for questions and answers, as needed Strategic Planning Process The strategic planning process results in a three- to five-year work plan, intended to guide the work effort of the entire organization toward a common set of goals and objectives. The process includes representation from all levels of the organization. We recommend formation of a planning team from members of your agency. The preferred size of the planning team is between iz-zo. Each person in the agency should feel that their interests are represented by someone in attendance on the planning team. If possible, all members should be invited to participate. This could also include uniquely invested elected official representation. The two-day planning team workshop starts with sharing the internal survey results and the citizen feedback from the Standards of Cover Stakeholder process and the internal surveys. After discussion, the agency's mission, vision, and values are reviewed by the planning team and modified if necessary. This is most often done in break- out sessions with smaller groups, comparing the results with other break-out groups so the full planning team can come to consensus. The planning team then breaks into small groups and reviews the results of the internal survey (sent earlierto all members). Each small group identifies three -to -five issues for each category they believe are the strengths and weaknesses of the agency, and what are believed to be opportunities or threats facing the agency. Discussion follows, comparing the internal feedback with the external citizen forum feedback. These conversations develop major themes for the plan; these themes are referred to as strategic initiatives. After the strategic initiatives are created, ESCI differentiates between goals and objectives for the planning team. The planning team is broken into smaller groups to develop goals for each of the initiatives. These small groups facilitate deeper conversation, brainstorming and discussion. Each small group reports out to the full planning team to create vigorous discussion, "cross-pollinating" ideas and concepts. This also creates buy -in from the larger team. Once the goals have been identified, the smaller groups may be mixed up to avoid group -think and begin developing measurable objectives for each goal. Again, these are reported out to the full planning team for refinement. The small groups which develop objectives are also asked to create either an outcome statement or a performance metric. A performance metric is a quantitative element (e.g., "Response unit turn -out times are improved by 20% over 2018 times"); whereas an outcome statement is qualitative (e.g., "The FD has a healthy culture that is in line with our mission, vision, and values"). ESCIEmergency Services 11 Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Once the initiatives, goals, objectives, and outcomes have been identified, timelines and responsible parties are established. ESCI will facilitate assignment of timelines, ensuring relatively balanced workload over the life of the plan. ESCI will then compile the results of the two-day workshop and provide a draft for the agency to review. After any necessary revisions, the report will be finalized, printed and provided to the agency for adoption and implementation. Phase I: Project Preparation Task I -A: Project Initiation & Scheduling ESCI will develop a project plan and converse with the Fire Department's project liaison to gain a comprehensive understanding of the organization's background, goals, and expectations for the strategic plan update process. The project plan will be developed identifying: • Local strategic planning team composition and recruitment • Strategic planning workshop format • Schedule • Location and other logistical issues • Potential impediments and organizational issues This meeting will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Phase II: Customer -Centered Environment Assessment Task II -A: Member Survey In order to provide internal personnel with an opportunity to participate in this data gathering event, ESCI's Survey Managerwill work with the ESCI Project Managerto develop the internal survey.' The surveywill be designed to gather and update detailed feedback related to several aspects of the members' priorities, opinions, and expectations related to service delivery, core services and programs, positive and corrective issues, and recommendations for the Strategic Plan. ESCI recommends that the survey be accessible to all personnel. To ensure respondent anonymity, ESCI will obtain survey responses confidentially. This will be accomplished using an internet-based survey accessible only by the intended participants. The survey results will be delivered directly to ESCI's headquarters office. ESCI's Survey Manager will develop and produce an executive summary of the survey results. Phase III: Planning Workshop ESCI will facilitate the development of an updated organizational strategic plan utilizing a local planning team (iz to zo persons) that includes representatives of the various levels of the organization itself. The strategic planning process will involve a three-day strategic planning "retreat" to be held on consecutive days at an appropriate location within the community suitable for both full group sessions, as well as breakout small group work sessions. I All survey tools will be approved by the agency's project manager prior to distribution. ESCI's Survey Manager will receive the responses directly and will develop and produce an executive summary of the survey results. ESCEmergency Services 1 Consulting International 12 Standards of Cover& Strategic Plan Updates City of Newport Beach Fire Department Task III -A: Mission, Vision, & Values ESCI's experienced facilitators will guide the local planning team in the review and if warranted the development of updated vision, mission, and values: • Mission statement describes the purpose for which the organization exists • Vision statements describe the way the organization views itself in the future • Values enumerate the principles or ideas that are important to the members ESCI will facilitate discussions that ensure participation by all present in order to stimulate challenging thought processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key updated internal standards creates the moral and practical guidelines of the organization. Task III -B: Internal & External Assessments Using the internal customer survey as a baseline and the results from tasks IIB & C of the updated Standards of Cover, ESCI will guide the internal planning group through the honest and objective assessment of internal issues and external challenges, also known as the SWOT Analysis. Internal Assessment • Strengths of the organization • Weaknesses of the organization External Assessment • Opportunities facing the organization • Threats challenging the organization Analyzing and updating the strengths, weaknesses, opportunities for, and threats to the organization is the next critical step in the strategic planning process. Strengths are important as they represent areas of the organization to be built upon, and weaknesses are areas to be identified as potential sources for improvement. Opportunities are vital to the future of the organization and should be viewed as positive prospects for growth and enhancement, while threats must be identified and addressed in advance, where possible. Other critical issues facing the department may be identified by the strategic planning group at this point as well. These may include issues that the strategic planning group identifies as issues critical to the health and success of the organization. Task III -C: Goals & Objectives ESCI will facilitate the local planning team in the establishment of updated goals, strategic initiatives, objectives, and critical tasks that are imperative to the organization and the participation of individual members. Establishment of organizational goals that address the identified concerns of the external and internal customers over a one -to -five-year timeframe: • For each goal, the development of one or more measurable objectives that are written in such a manner as to describe the criteria by which an outcome isjudged complete or successful • Development of associated tasks for each goal and objective utilizing the format of identified measurable criteria • Identification of the priority of each objective • Development of a statement describing the outcome the objective will provide. LUPI Emergency Services 13 L7CJ Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Attainment of this task will be demonstrated by the establishment of realistic goals and objectives for the organization. In order to meet the mission of the organization, the establishment of these goals is essential to providing the organization and the individual members with a clear direction. The goals and objectives established during this process will become management tools and should be updated on a continuous basis as priorities change and as specific goals and/or objectives are achieved. The goals and objectives can then be used to identify what has been achieved and to denote changes within the community and the organization. Fastidiously following these goals and objectives will provide the department with the necessary direction and guidance into the future. This should also support the department by reducing the number of impediments, disruptions, and uncertainties for the organization and its members. Task III -D: Outcome/Performance Metrics ESCI will direct the local planning team in discussions regarding the establishment of updated performance measures that assist the organization in measuring their progress toward the organizational vision. This will be an ongoing process and may initially involve concepts of performance measurement that will require modifications in the collection of necessary data as the organization becomes more focused on measuring achievement and outcomes. The process may include: • Identification of key performance areas • Analysis of necessary and available performance data • Preparation of performance measures from the following categories: • Quality Measures • Input Measures • Output Measures • Outcome Measures • Efficiency Measures Phase IV: Publish Updated Strategic Plan Document Task IV -A: Identification of Responsibility & Timelines Senior staff will be provided a copy of the draft plan. It will contain all the goals, objectives, critical tasks, outcomes, and the priority for each objective established by the internal planning team. ESCI will assist senior staff with identifying the appropriate person to be responsible for each objective and the objective's timeline for completion. These assignments need to be conscious of other regular organizational workload in order to make the plan realistic. Task IV -B: Draft Publication of Final Updated Strategic Plan Report ESCI will develop and provide the client with a draft Strategic Plan electronically for review and comment. Any changes noted on the draft will be addressed by ESCI. Task IV -C: Publication of Final Updated Strategic Plan ESCI will complete any necessary revisions of the draft and produce ten publication -quality bound, final versions of the written report along with an electronic version in PDF file format. ESCJEmergency Services 14 consulting International EXHIBIT B SCHEDULE OF BILLING RATES Emergency Services Consulting International Page B-1 Standards of Cover & Strategic Plan Updates Exhibit B: Billing Rates City of Newport Beach Fire Department Project Completion Timelines ESCI offers the following project timeline, which is subject to change based upon the mutual agreement of the client and ESCI. The timeline will not begin until ESCI has been provided with all of the information and data necessary for the successful completion of the project. Month SOC Project Phase Phase I: Project Initiation & Information Acquisition - Phase I: Project Initiation & Information Acquisition Phase II: Community Risk Assessment Development 1 $300 $8,516 Phase II: Community Risk Assessment $12,234 $163 $12,397 Phase III: Standards of Cover Development $10,000 Phase III: Standards of Cover Development Phase IV: Plan for Maintaining & Improving Response Capabilities $8,216 $8,216 Phase V: Development, Review & Delivery of Report $8,516 $1165 $9,681 Phase IV: Plan for Maintaining & Improving Response Phase V: Development, Review & Delivery of Report Strategic Plan Project Phase Phase I: Project Initiation & Information Acquisition Phase II: Internal and External Assessments /Member Surveys Phase III: Vision, Mission, Values goals and objectives (onsite) Phase IV: Development, Review & Delivery of Report Proposed Project Fees Emergency Services Consulting International is pleased to present the following formal cost proposal for the project outlined in the Scope of Work. The fee ESCI is proposing to perform this study is inclusive of expenses as follows: CRA -SOC. - Phase I: Project Initiation & Information Acquisition $8,216 1 $300 $8,516 Phase II: Community Risk Assessment $12,234 $163 $12,397 Phase III: Standards of Cover Development $10,000 $10,000 Phase IV: Plan for Maintaining & Improving Response Capabilities $8,216 $8,216 Phase V: Development, Review & Delivery of Report $8,516 $1165 $9,681 ProjectI-otal Cost for . . - ESCIEmergency Services 15 Consulting International Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department Grand Total: $66,040 Billing Rates Per Project Member Team Member . Project Manager; responsible forthe overall content and quality of Kurt Latipow, Project Manager SOC (s275.00/hour) the SOC project and will ensure that the project is accomplished on schedule and within budget Don Bivins, Project Manager Project Manager; responsible for the overall content and quality of Customer Centered Strategic Plan the Strategic Plan project and will ensure that the project is (s26o.00/hour) accomplished on schedule and within budget. Randall Parr, Associate (CPA) SOC Fiscal Analysis (s16o.00/hour) Dan Munsey, Associate SOC Community Risk Analysis (s26o.00/hour) Joe Parrott, Senior Associate SOC GIS Analysis (si6o.00/hour) Proposed Payment Schedule • io%payment due upon signing of the contract. • Monthly invoicing thereafter as work progresses. Information Relative to Cost Quotation • Bid quotation is valid for go days. • ESCI Federal Employer Identification Number: 23-2826074. • When requested, and in a timely manner, the client will provide data, information, and materials required for the completion of the objectives outlined in the Scope of Work submitted in this proposal. • ESCI shall perform any additional work on a time and materials basis as requested in writing by the client at a negotiated hourly rate. ESOC/'1 Emergency Services Consulting International 16 I*AWI1:3iZ� INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Emergency Services Consulting International Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Reguirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Emergency Services Consulting International Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Emergency Services Consulting International Page C-3 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Emergency Services Consulting International Page C-4 Nguyen, Anthony From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Tuesday, January 14, 2020 10:11 AM To: Nguyen, Anthony Subject: City of Newport Beach: Notice of Compliance for Emergency Services Consulting International, Inc. Dear Business Partner, The insurance documentation submitted on behalf of Emergency Services Consulting International, Inc. satisfies the minimum insurance requirements for City of Newport Beach and has been verified as compliant. No further action is required at this time. You will receive a renewal notice requesting updated insurance documents in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support4exigis.com or 800- 430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 support (ciexigis. corn Organizational Unit : City of Newport Beach -> Fire Department Agreement Name : Standards of Cover and Strategic Plan Update