HomeMy WebLinkAboutC-7808-2 - PSA for Standards of Cover and Strategic Plan UpdatebQ
4Z� AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
r WITH EMERGENCY CONSULTING SERVICES INTERNATIONAL, INC. FOR
11�j STANDARDS OF COVER AND STRATEGIC PLAN UPDATE
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 27th day of May, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and EMERGENCY CONSULTING
SERVICES INTERNATIONAL, INC., a 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. On January 1, 2021, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to analyze the Fire Department's
service -delivery models, make recommendations, and develop strategies to
update the Standards of Cover and Strategic Plan ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to December 31, 2022.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2022, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Emergency Consulting Services International, Inc. Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 b1L?.
In
>n C. Harp
Attorney
ATTEST: � ��
Date: k 1
mkJl11City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
(fl By: < _
-ate Jetboyles
Fire Chief
CONSULTANT: Emergency Consulting
Services International, Inc., a Oregon
corporation
Date:
Signed in Counterpart
By:
Sheldon Gilbert
Chief Executive Officer
Date:
By:
Signed in Counterpart
Andrea Hobi
Secretary
[END OF SIGNATURES]
Emergency Consulting Services International, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: -511 to Z
By: �9)A>>
a on C. Harp
Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Jeff Boyles
Fire Chief
CONSULTANT: Emergency Consulting
Services International, Inc., a Oregon
corporation
Date: 5 0 - jk-N�,
By:.)jaq'P1
Sheldon Gilbert
Chief Executive Officer
Date: 5 17
By:
Andrea Hobi
Secretary
[END OF SIGNATURES]
Emergency Consulting Services International, Inc. Page 2
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EMERGENCY SERVICES CONSULTING INTERNATIONAL INC
FV00000490
25030 SW PARKWAY AVE STE 330, WILSONVILLE, OR. 97070
Currently in Compliance
FVOOOOO490
Professional Sarvices Agreement
EMERGENCY SERVICES CONSULTING
INTERNATIONAL INC
25030 SW PARKWAY AVE STE 331)
WILSONVILLE
OR
97070
Addtess Updated
Physical Address
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CSJ PROFESSIONAL SERVICES AGREEMENT
r` 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 January, 2021 ("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. On December 1, 2019, City and Contractor entered into a Professional Services
Agreement ("Prior Agreement") to engage Contractor 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.
C. Due to delays caused by the COVID-19 emergency, the Prior Agreement expired
pursuant to its terms on December 31, 2020, without Contractor completing all of
the services under the Prior Agreement, and without City providing Contractor
compensation for those services that were not completed.
D. City now desires to engage Consultant to Analyze the Fire Department's service -
delivery models, make recommendations, and develop strategies to update the
Standards of Cover and Strategic Plan ("Project").
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
F. 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 June 30, 2022, 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 Fifty Three Thousand Six
Hundred Thirty Six Dollars and 00/100 ($53,636.00), 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
Emergency Services Consulting International, Inc. Page 2
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
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 Joe Parrott 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.
Emergency Services Consulting International, Inc. Page 3
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
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
Emergency Services Consulting International, Inc. Page 4
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
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.
Emergency Services Consulting International, Inc. Page 5
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.
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
Emergency Services Consulting International, Inc. Page 6
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.
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
Emergency Services Consulting International, Inc. Page 7
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.
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: Andrea Hobi
Emergency Services Consulting International, Inc.
25030 SW Parkway Avenue, Suite 330
Wilsonville, OR 97070
Emergency Services Consulting International, Inc. Page 8
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
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.
Emergency Services Consulting International, Inc. Page 9
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.
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 OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California mnicip I corporation
Date: 1q/S) i Date: a s -7 az
By: J ((��,r By:
ron C. Harp u-,,,, +tl-v Je oyles
City Attorney Fire Chief
ATTEST:
Date: �, 0 •d��
By:
4Leian�iI. Brown
City Clerk
CONSULTANT: Emergency Services
Consulting International, Inc., an Oregon
corporation
Date:
By: Signed in Counterpart
Sheldon Gilbert
Chief Executive Officer
Date:
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:
By; A 0( � � -
ron C. Harp u.-,,,, +11-g
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California m nicip I corporation
Date: o s /7 v
By:
Jeff ayles
Fire Chief
CONSULTANT: Emergency Services
Consulting International, Inc., an Oregon
corporation
Date:
By:���
Sheldon Gilbert
Chief Executive Officer
Date: � " t 201 �-' 7-I
By:
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
EXHIBIT A
SCOPE OF SERVICES
Emergency Services Consulting International, Inc. Page A-1
Standards of Cover & Strategic Plan Updates City of Newport Beach Pre 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 specificallyfor 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 forthis
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
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Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department
• 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
• Records management data, Including National Fire Incident Reporting System (NFIRS) incident data
• Local Geographic Information Systems (GIS) data, where available
Phase 11: 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 ll -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, orfire management (response) zones
• Target Hazards
Task II -B: Review and Update Community Expectations & Performance Goals
ESCI will examine and document the 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.
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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 community to 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)
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Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department
Phase III: Develop Updated Standards of Cover
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
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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 capabilityto 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 risktypes identifying staffing and resource needs. The matrix shall be developed with
consideration to:
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Standards of Cover & Strateglc: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) or a 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 —Initial attack (first due) resources for risk -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.
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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 allowthe
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 deliver the 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 necessaryfire stations
• Selection and deployment of apparatus bytype
• 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 draftversion 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.
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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 12-2o. 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 andthe internal surveys. After discussion, the agency's mission,
vision, and values are reviewed bythe 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.
Afterthe strategic initiatives are created, ESCI differentiates between goals and objectives forthe 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 200 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").
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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-dayworkshop and provide a draft for the agencyto 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 11-A: Member Survey
In orderto provide internal personnel with an opportunity to participate in this data gathering event, ESCI's
Survey Manager will work with the ESCI Project Manager to develop the internal survey.' The survey will be
designed to gatherand 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
directlyto ESCI's headquarters office. ESCI's Survey Managerwill 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
(22 to io 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 breakoutsmall group
work sessions.
1 All surveytools 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.
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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 orderto stimulate challenging thought
processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key
updated internal standards createsthe 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 II B & C of the updated Standards of
Cover, ESCI will guide the internal planning groupthrough the honest and objective assessment of internal
issues and external challenges, also known asthe 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 customersover a one-to-five-yeartimeframe:
• 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.
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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 forthe 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 thatwilI 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.
FSCJEmergency Services 14
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EXHIBIT B
SCHEDULE OF BILLING RATES
Emergency Services Consulting International, Inc. Page B-1
Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department
Exhibit B: Billing Rates
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 I; Project Initiation & Information Acquisition
Phase II: Community Risk Assessment Development
Phase III: Standards of Cover -Development
;tri«`?
f`
'.`
Phase.IV:.Plan for Maintaining & Improving Response .
'_ s
A. s .
Phase V:. Development, Review.& Delivery of Report:
Strategic Plan Project Phase
1 2
3
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:
Paid Two Invoices already $6,604 +$5,800= $12,404
NEW TOTAL Cost after Paid invoices:
$36,406
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Standards of Cover & Strategic Plan Updates City of Newport Beach Fire Department
Grand Total: $53,636
Billing Rates Per Project Member
Team Member
Project Assignments
Kurt Latipow, Project Manager SOC
Project Manager; responsible for the overall content and quality of
($175:oolhour)
the SOC project and will ensure that the project is accomplished
on.schedule and within budget
Don Bixins, 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
($166.00/hour)
'accomplished on schedule.and within budget.
Randall Parr, Associate *(CPA) SOC
Fiscal Analysis
($16o.00/hour) .
Dan Munsey, Associate SOC
Community Risk Analysis
($166.00/hour)
Joe Parrott, Senior Associate SOC
I
GIS Analysis
. ($16o.00/hour)
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EXHIBIT C
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, Inc. 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 Requirements. 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.
5. 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
Emergency Services Consulting International, Inc. Page C-2
shall be signed by a person authorized by that insurer to bind coverage on
its behalf. At least 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. 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.
E. 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.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
Emergency Services Consulting International, Inc. Page C-3
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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.
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, Inc. Page C-4
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IR R 99 t 29 ® \.
11a Insured
Name: EMERGENCY SERVICES CONSULTING
INTERNATIONAL INC.
Account Number: FV00000490
Address: 25030 SW PARKWAY AVE STE 330,
WILSONVILLE, OR, 97070
Status: Compliant with Waived Deficiencies.
Insured
Business Unit(s)� Print InsuredInfo
Account Information
WILSONVILLE
Account Number:
FV00000490
Risk Type:
Professional Services
Zip:
Agreement
Do Not Call:
Address Updated:
Address Information
i
Mailing Address
Physical Address
Insured:
EMERGENCY SERVICES
CONSULTING
Contract Start Date:
INTERNATIONAL INC.
Address 1:
25030 SW PARKWAY AVE
STE 330
Address 2:
City:
WILSONVILLE
State:
OR
Zip:
97070
Country:
i
Contract Information
Contract Number:
Contract Start Date:
Contract End Date:
Contract Effective Date:
Contract Expiration Date:
Description of Services:
STANDARDS OF COVER AND
Safety Form II: No
STRATEGIC PLAN