Table of Contents Agenda 2 Study Session to Explore a Possible

Table of Contents

Agenda 2 Study session to explore a possible zoning code change to permit certain types of restaurants to be established without a Conditional Use Permit (CUP) - Presented by Steven Ayers, Planner PowerPoint Presentation 6 Receive and File the Draft Minutes of the September 17, 2019 Regular City Council Meeting Draft Minutes 13 Authorize the City Manager to Execute the FY 2019-20 and Future Annual Contract Renewals with Turbo Data Systems to Provide Police Department Parking Citation Management Services Turbo Data CAR 2019 20 TDS Signed 2019 Extension 23 Data Ticket 34 Acceptance of Parcel Map No. 2018-144 for the Property Located at 17764 Magnolia Street Staff Report 45 Parcel Map 47 1) Approval of Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) Amendment of FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610 Staff Report 48 Contract 55 Approve the Agreement with A.P. Triton for Contract Negotiation Assistance in an Amount Not to Exceed $20,000 and Authorize and Appropriation of $20,000 from the General Fund Capital Reserves. Staff Report 89 AP Triton Contract 92 Approval of a Resolution of the City Council of the City of Fountain Valley Supporting the City of Irvine as the Lead Local Agency Requesting Funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project Staff Report 121 Resolution 124 Approval of Issuance of a Request for Proposal (RFP) for City- Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program Staff Report 126 RFP 130 PowerPoint 143

AGENDA CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY Study Session 4:45 p.m. Closed Session Immediately Following Study Session Regular Meeting 6:00 p.m. Tuesday, October 01, 2019 Council Chambers 10200 Slater Avenue Fountain Valley, CA 92708 http://www.fountainvalley.org

MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the City Council or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to 2 raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

STUDY SESSION

CALL TO ORDER 4:45 p.m.

PUBLIC COMMENTS (Study Session matters only)

Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak.

1. EMS Feasibility Study Presented by Scott Clough of AP Triton and Bill McQuaid, Fire Department Operations Chief

2. Study session to explore a possible zoning code change to permit certain types of restaurants to be established without a Conditional Use Permit (CUP) - Presented by Steven Ayers, Planner Page 6 PowerPoint Presentation

CLOSED SESSION

CALL TO ORDER Immediately Following Study Session

PUBLIC COMMENTS (Closed Session matters only)

Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9 Name of case: City of Huntington Beach v. City of Fountain Valley, et al. OCSC # 30- 2019-01071652

4. Real Property Negotiation under Government Code Section 54956.8 Property: 17911 Bushard, Fountain Valley, APN: 167-191-13 Housing Authority/City negotiators: Rob Houston, City Manager/Housing Authority Executive Director; Brian James, Building and Planning Director; Colin Burns, City Legal Counsel; Celeste Brady, Special Counsel; Kathleen Head, Keyser Marston Persons with whom its negotiators may negotiate (if and as directed by CC/HA): authorized representatives of Meta Housing Corporation, including Shaun Bradley Under negotiation and seeking direction about the price and terms of the potential sale and payoff of an existing promissory note secured by a subordinate deed of trust of record held by the Fountain Valley Housing Authority

OPEN SESSION

CALL TO ORDER 6:00 p.m.

INVOCATION Pastor Kene Panas

SALUTE TO THE FLAG Councilmember Patrick Harper

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL

Council Members: Constantine, Harper, Vo, Mayor Pro Tem/Vice Chair Brothers, Mayor/Chair Nagel

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

PUBLIC COMMENTS (Scheduled Matters Only)

Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item p u l l e d from the c o n s e n t calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR Consent Calendar Items 5 – 10 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

5. (Council/Successor Agency/Housing Authority) Receive and File the Draft Minutes of the September 17, 2019 Regular City Council Meeting Page 13 a. Draft Minutes

6. (Council) Authorize the City Manager to Execute the FY 2019-20 and Future Annual Contract Renewals with Turbo Data Systems to Provide Police Department Parking Citation Management Services Page 20 a. Turbo Data CAR 2019 b. TDS Signed 2019 Extension c. Data Ticket

7. (Council) Acceptance of Parcel Map No. 2018-144 for the Property Located at 17764 Magnolia Street Page 45 a. Staff Report b. Parcel Map

4 8. (Council) 1) Approval of Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) Amendment of FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610 Page 48 a. Staff Report b. Contract

9. (Council) Approve the Agreement with A.P. Triton for Contract Negotiation Assistance in an Amount Not to Exceed $20,000 and Authorize and Appropriation of $20,000 from the General Fund Capital Reserves. Page 89 a. Staff Report b. AP Triton Contract

10. (Council) Approval of a Resolution of the City Council of the City of Fountain Valley Supporting the City of Irvine as the Lead Local Agency Requesting Funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project Page 121 a. Staff Report b. Resolution

ADMINISTRATIVE ITEMS

11. (Council) Approval of Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program (Presented by Fatana Temory, Management Aide) Page 126 a. Staff Report b. RFP c. PowerPoint

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)

Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY

The next Regular Meeting of the Fountain Valley City Council is October 15, 2019 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

5 Restaurant CUP Study Session CITY COUNCIL STUDY SESSION 10/1/19

6 Existing Requirements • All restaurants require CUP to operate • FVMC 21.90 definition of restaurant… o “Restaurant” means a retail business selling food and beverages prepared on the site, for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses. • Benefit/Detriment o Treats any use selling food the same, regardless of impacts o Restaurants with no impact still require CUP (no alcohol sales, no outdoor dining, no entertainment, no late operating hours) o Time and $ o Is this business friendly? o What is gained by CUP review?

7 Survey

• 17 OC cities • No CUP for restaurant with little/no impacts: o Brea, Buena Park, Costa Mesa, Fullerton, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Stanton, Tustin, Villa Park, Yorba Linda • CUP required for all restaurants: o La Habra, Laguna Beach, Fountain Valley

8 Survey

• What triggers CUP requirement in other cities? o Restaurants in industrial zones that lack parking o Entertainment o Alcohol o Late hours of operation o Drive-thru o Walk up service window o Close proximity to residences o Large restaurant size

9 Suggested Changes

• No CUP for restaurants with 50 or less seats and no impacts (business license) • CUP required for: o 51+ seats o Restaurants in M1 Zone o Entertainment o Alcohol (Type 47 hard alcohol only?) o Late hours (past 12:00 am) o Drive-thru o Exterior amplified ordering/music o Close proximity to residential property line (less than 50 feet) with potential impacts due to noise, outdoor use, etc. • Examples o CUP – Claim Jumper, The Recess Room, McDonalds o No CUP – Subway, Jamba Juice, Flame Broiler

10 General Plan/GPAC Support

• General Plan – Enhance economic base and business environment • GPAC top 10 values – Diverse retail/dining, economic prosperity, and distinct gathering places

11 Recommendation

• Consider and give direction to staff

12 Restaurant CUP Study Session CITY COUNCIL STUDY SESSION 10/1/19

13 Existing Requirements • All restaurants require CUP to operate • FVMC 21.90 definition of restaurant… o “Restaurant” means a retail business selling food and beverages prepared on the site, for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses. • Benefit/Detriment o Treats any use selling food the same, regardless of impacts o Restaurants with no impact still require CUP (no alcohol sales, no outdoor dining, no entertainment, no late operating hours) o Time and $ o Is this business friendly? o What is gained by CUP review?

14 Survey

15 Survey

16 Suggested Changes

17 General Plan/GPAC Support

• General Plan – Enhance economic base and business environment • GPAC top 10 values – Diverse retail/dining, economic prosperity, and distinct gathering places

18 Recommendation

• Consider and give direction to staff

CITY OF FOUNTAIN VALLEY CITY COUNCIL

COUNCIL ACTION REQUEST

To: Honorable Mayor and Members of the City Council Agenda Date: October 1, 2019

Subject: AUTHORIZE THE CITY MANAGER TO EXECUTE THE FY 2019-20 ANNUAL CONTRACT RENEWAL WITH TURBO DATA SYSTEMS TO PROVIDE POLICE DEPARTMENT PARKING CITATION MANAGEMENT SERVICES

EXECUTIVE SUMMARY:

The City of Fountain Valley has previously contracted with Turbo Data Systems (TDS) to provide Police Department parking citation management services. An extension to the contract is now needed to allow TDS to continue to provide the specialized services. Staff is requesting Council to give authorization to the City Manager to execute the FY 2019-20 annual contract renewal with TDS to provide Police Department parking citation management services.

DISCUSSION:

The City of Fountain Valley contracts with TDS to provide parking citation management services for the Police Department. The outsourced contractor provides all service and equipment for managing Police Department parking citation processing, offender notification, equipment interface, electronic data storage, DMV interface, citation appeals, and collections/payment processing.

The Police Department Traffic Bureau, Records, and Finance Division have been pleased with TDS’s management of the City’s parking citation program. TDS is very responsive toward the administration of equipment interface, fiscal, and data processing issues. It is estimated that this privatization freed up countless hours of Records and Finance staffs’ time. The scope of services and fees have not changed except for an increase to U.S. postage.

In 2014, the City entered into a three-year agreement with TDS. The agreement provided the option for the parties to renew after the expiration of the three-year term annually. The City informally renewed for one-year periods in 2017 and 2018; however, there was no addendum to the Agreement. Staff has recognized the agreement extensions over the last two years in conjunction with the 2019 renewal will exceed an aggregate amount over $50,000 (see financial table). However, the total amount for the 2019 renewal does not

20 Council Action Request TURBO DATA SYSTEMS AGREEMENT October 1, 2019 Page 2

exceed the City Manager Contract Authority. Staff is requesting Council approval to grant authority to the City Manager to execute the 2019 annual renewal agreement which falls under the City Manager Contract Authority.

The following cities currently utilize TDS for parking citation management: Anaheim, Brea, Fullerton, Garden Grove, Huntington Beach, Placentia, Newport Beach, San Clemente, Stanton and Tustin.

Staff identified Data Ticket based out of Irvine as a comparable parking citation management company.

The following Orange County cities currently utilize Data Ticket for parking citation management: Aliso Viejo, Costa Mesa, Cypress, Dana Point, Laguna Hills, Long Beach, Oceanside, Santa Ana, Seal Beach and Yorba Linda.

TDS and Data Ticket offer comparable full processing services for parking citation management. Although the service structure is comparable, there is a difference in fees associated with the processing of electronic parking citations and courtesy notices, which is the primary source of fees for the service. For the processing of electronic parking citations and the distribution of courtesy notices, TDS has a per citation fee at .91 in comparison to Data Ticket at $1.35. Assuming all of the Police Department’s 5500 parking citations that were issued in FY 2018-19 were in the electronic format, there would be a cost savings from TDS of $2,420. The remainder of the fee structures between the two vendors are comparable.

Staff recommends a one-year contract extension as the best option for the City at this time. The fees and services from TDS are fair and competitively priced to another vendor that is used by several local cities. Furthermore, utilizing a new vendor at this time would require additional startup costs, which have already been incurred from the current vendor. The one year extension would allow Staff the opportunity for a competitive solicitation of bids in 2020 without a disruption of services. This would also allow for continuity of services for the remaining period through June 2020.

TDS currently maintains insurance in compliance with City policy.

FINANCIAL ANALYSIS: The Police Department budget has an allocation of $20,000 for the Turbo Data Systems professional services contract. Based upon the payment history, there is sufficient funding, which would alleviate any need to request additional funding for Fiscal Year 2019-20.

3-Year Contract Fiscal Year Annual Expense 2014-15 16,635 2015-16 18,990 2016-17 16,850

21 Council Action Request TURBO DATA SYSTEMS AGREEMENT October 1, 2019 Page 3

1-year Contract Extensions Fiscal Year Annual Expense 2017-18 21,685 2018-19 19,275 2019-20 20,000 (budgeted)

ATTORNEY REVIEW: The Attorney for the City has reviewed this contract and concurs.

PUBLIC NOTIFICATION/CONTACT: Public notification was made through the regular agenda process.

ALTERNATIVES:

Alternative No. 1: Authorize the City Manager to execute the FY 2019-20 annual contract renewal with Turbo Data Systems to provide Police Department parking citation management services.

Alternative No. 2: Do not authorize the City Manager to execute the FY 2019-20 annual contract renewal with Turbo Data Systems to provide Police Department parking citation management services.

RECOMMENDED ACTION: It is recommended that Council approve Alternative No. 1: Authorize the City Manager to execute the FY 2019-20 annual contract renewal with Turbo Data Systems to provide Police Department parking citation management services.

Prepared by: Matthew Sheppard, Police Captain

Reviewed by: Kevin L. Childe, Chief of Police

Reviewed by: Alexandra Halfman, Attorney for the City

Fiscal Review by: Jason Al-Imam, Finance Director

Approved by: Rob Houston, City Manager

Attachments: Turbo Data Systems Annual Renewal Attachments: Exhibit A- Scope of Services Attachments: Exhibit B- Fee Schedule Attachments: Exhibit C- Insurance Attachments: Data Ticket Estimate

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST

To: Honorable Mayor and Agenda Date: October 1, 2019 Members of the City Council

Subject: Acceptance of Parcel Map No. 2018-144 for the Property Located at 17764 Magnolia Street

EXECUTIVE SUMMARY:

Inder Jit Chauhan, a state licensed civil engineer, on behalf of Quang Minh Ho, Alex Thinh and Phung Vu, who are applicants of the property located at 17764 Magnolia Street, has submitted Parcel Map No. 2018-144 to divide a single lot into two (2) parcels. This map is consistent with the City’s General Plan for developing residential properties. City staff and the County Surveyor’s office have reviewed and approved the parcel map for technical accuracy and compliance with the Subdivision Map Act. After acceptance of the parcel map by the City Council, the map will be forwarded to the County for recordation.

Consistent with the City’s fee schedule, development fees in the amount of $10,215.29 have been paid.

Staff is recommending that the City Council accept Parcel Map. No. 2018-144 for the property located at 17764 Magnolia Street.

DISCUSSION:

Inder Jit Chauhan, a state licensed civil engineer, on behalf of Quang Minh Ho, Alex Thinh and Phung Vu, who are applicants of the property located at 17764 Magnolia Street, has submitted Parcel Map No. 2018-144 to divide a single lot into two (2) parcels. The final map meets the requirements of the tentative parcel map and is in conformance with the Subdivision Map Act. The parcel map being submitted for City Council acceptance is Parcel 1 of Parcel Map No. 2003-181 in the office of the County Recorder. The parcel map divides the property into two parcels, as follows: Parcel 1 (7,676 square feet) and Parcel 2 (7,202 square feet). This map is consistent with the City’s General Plan and development standards for residential properties in this area.

All required City fees for the parcel map have been paid. After acceptance of the parcel map and fees by the City Council, staff will forward the map to the County Clerk- Recorder’s office for recordation.

45 Council Action Request Parcel Map 2018-144 October 1, 2019 Page 2

FINANCIAL ANALYSIS

Required in the conditions of approval and acceptance of Parcel Map No. 2018-144, the owner/applicant has paid the following fees:

1. Final Subdivision Map Checking $ 1,540.00 2. Mylar Parcel Map Reproduction $ 50.00 3. Drainage Annexation $ 639.17 4. Transportation Impact $ 564.63 5. Park Site $ 7,421.49 TOTAL: $10,215.29

ATTORNEY REVIEW:

Attorney for the City review is not required.

RECOMMENDATION:

Staff is recommending that the City Council accept Parcel Map. No. 2018-144 for the property located at 17764 Magnolia Street.

Prepared by: Kyle Hilton, Associate Engineer

Reviewed by: Temo Galvez, Deputy Director of Public Works/City Engineer

Approved By: Mark Lewis, Director of Public Works

Fiscal Review By: Jason Al-Imam, Finance Director/ Treasurer

Approved By: Rob Houston, City Manager

Attachment 1: Parcel Map No. 2018-144

46 47 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST

To: Honorable Mayor and Agenda Date: October 1, 2019 Members of the City Council

SUBJECT: 1) Approval of Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) Amendment of FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610

EXECUTIVE SUMMARY:

The America’s Water Infrastructure Act (AWIA) of 2018 was signed into law on October 23, 2018 and requires all drinking water utilities serving over 3,300 people to conduct a Risk & Resilience Assessment of their community water system and develop a corresponding Emergency Response Plan within the next 2 ½ years. Drinking water utilities who do not comply with these requirements by the established deadlines may be subject to penalties of up to $25,000 per day.

The City of Fountain Valley water system serves a population of nearly 58,000 people and is subject to the AWIA requirements. In order to comply with AWIA, the City must complete and self-certify a Risk & Resilience Assessment of the City’s drinking water system by December 31, 2020, and update the corresponding Emergency Response Plan accordingly within 6 months of self-certification.

The Water Emergency Response Organization of Orange County (WEROC), which is administered by the Municipal Water District of Orange County (MWDOC), is coordinating a joint effort between MWDOC and interested member agencies to facilitate compliance with AWIA and take advantage of potential cost savings through economies of scale. They issued a comprehensive Request for Proposals package, carefully reviewed and evaluated the 7 proposals received, and selected Herndon Solutions Group to provide the professional services needed to ensure AWIA compliance.

Due to the number of participating agencies and the amount of effort required to meet the AWIA requirements by the established deadlines, MWDOC and the participating agencies, including the City of Fountain Valley, have already begun work on Phase 1 –

48 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 2

Crosswalk Review. The cost for Phase I is a fixed cost in the amount of $15,205 per participating agency. City staff has submitted the City’s relevant documents for review, and the consultant is currently evaluating the existing resources to identify the gaps that need to be addressed in order for the City to comply with the AWIA Risk & Resilience Assessment and Emergency Response Plan requirements.

City staff believes that it is in the best interest of the City to continue to work with Herndon Solutions Group to complete Phase 2 – Risk & Resilience Assessment and Phase 3 – Emergency Response Plan Update to ensure compliance with the AWIA requirements and take advantage of the economies of scale pricing achieved through the regional coordination. In order to do so, the City must agree to participate in the shared consultant costs agreement offered by MWDOC for Phases 2 and 3 of the AWIA compliance process. Based on the City’s projected needs, participation in Phases 2 and 3 will cost $145,405.

The FY 2019/20 Water Fund Budget (Fund 71) allocates a total of $125,000 to comply with the AWIA requirements. The total cost to participate in all three phases of the shared services AWIA compliance process is $160,610. Therefore, a budget amendment to the FY 2019/20 Water Fund (Fund 71) in the amount of $35,610 is needed to accommodate the cost of participating in all three phases of the AWIA compliance program.

Staff is requesting that City Council 1) approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) amend the FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610.

DISCUSSION:

On October 23, 2018, Congress signed into law the America’s Water Infrastructure Act (AWIA) (S.3021, Law 115-270). Per Section 2013 of Title II, AWIA requires utilities serving more than 3,300 persons to conduct a Risk & Resilience Assessment of their community water system and develop a corresponding Emergency Response Plan. Upon completion of the Risk & Resilience Assessment, the utility is to submit self-certification to the U.S. Environmental Protection Agency (USEPA) indicating that the assessment, in compliance with AWIA, has been completed. Within 6 months of submitting the Risk & Resilience Assessment certification letter, the community water system is required to submit a self- certification to USEPA for the corresponding Emergency Response Plan. The compliance due dates are based on the size of the population served:

49 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 3

Risk & Resilience Emergency Response Population Served* Assessment Plan** ≥100,000 March 31, 2020 September 30, 2020 50,000-99,999 December 31, 2020 June 30, 2021 3,301-49,999 June 30, 2021 December 30, 2021 *Population served is based on CA SWRCB DDW population numbers associated with the Water System’s ID. **ERP certifications are due six months from submittal of the risk assessment certification. Dates shown above are based on a utility submitting a risk assessment on the final due date. Penalties for missing deadlines is up to $25,000 per day.

Based on Fountain Valley’s population of nearly 58,000 people, the City is required to complete a Risk & Resilience Assessment of its water system and submit a self- certification letter to USEPA by December 31, 2020. After submitting the self-certification for the assessment, the City will have 6 months to complete and self-certify the corresponding Emergency Response Plan update.

The Risk & Resilience Assessment shall include:

1. The risk to the system from malevolent acts and natural hazards; 2. The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; 3. The monitoring practices of the system; 4. The financial infrastructure of the system; 5. The use, storage, or handling of various chemicals by the system; and 6. The operation and maintenance of the system.

The Emergency Response Plan shall include:

1. Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; 2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water; 3. Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and 4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

50 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 4

After the completion of this initial Risk & Resilience Assessment and Emergency Response Plan required by AWIA, community water systems serving more than 3,300 persons will be required to review their Risk & Resilience Assessments every five years to determine if it should be revised. Further, the Emergency Response Plan must be reviewed and revised, if necessary, to incorporate any revisions to the Risk & Resilience Assessment. Within six months of completion of the reviews, water systems must then submit to the EPA a certification that it has reviewed its Risk & Resilience Assessment and Emergency Response Plan and revised them, if applicable.

The Water Emergency Response Organization of Orange County (WEROC), administered by the Municipal Water District of Orange County (MWDOC), supports and manages countywide emergency preparedness, planning, response and recovery efforts among Orange County water and wastewater utilities. WEROC is coordinating a joint effort between MWDOC and interested member agencies to facilitate compliance with AWIA and take advantage of potential cost savings through economies of scale.

In coordination with approximately 30 agencies interested in participating, WEROC developed and issued a detailed Request for Proposals package to which they received 7 proposals. The proposals received were technically competitive, but presented a wide range of potential costs from about $4 million to $10 million combined for 30 agencies. WEROC reviewed, evaluated and ranked the proposals with the assistance of volunteers from 4 member agencies. After fully discussing and evaluating the proposals, Herndon Solutions Group (HSG) was selected because their proposal offered the highest value to participating agencies as the lowest cost.

Herndon Solutions Group, and their carefully assembled team of sub-consultants, will work with each participating agency individually to help them meet the AWIA requirements through a 3-phase process. Participating agencies can choose to participate in all three phases or opt-in to select phases at their discretion.

Phase 1 – Crosswalk Review This first task is to determine what resources each agency already has and what their gaps are for compliance with the AWIA Risk & Resilience Assessment and Emergency Response Plan requirements. Phase 1 will be provided at a fixed cost because the process is essentially the same for all agencies and is not dependent on the size of an agency. This task relies on each agency to provide all of their existing documentation so it can be reviewed to determine its completeness, currency and applicability to the current standards. This will be “a best practices” review that will be a valuable ongoing tool for emergency planning evaluation and process improvement.

51 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 5

Phase 2 – Risk & Resilience Assessment Phase 2 will also be provided at a fixed rate for all sizes of agencies because the process is essentially the same for all agencies. This phase is expected to require the greatest amount of effort on the part of both the individual agencies and the consultant. It will utilize an “all-hazards” approach to determine the risk and resilience of all drinking water assets (physical, operational, and cyber) owned, utilized or operated by each participating agency in accordance with industry standards. The Risk & Resilience Assessment will identify and address the gaps identified in Phase I.

Phase 3 – Emergency Response Plan Update The level of effort required for the preparation of the Emergency Response Plan for each participating agency will be tailored to each agency’s needs based on the condition and currency of their existing Emergency Response Plan. The cost of Phase 3 will vary depending on the level of effort, Low, Medium or High, necessary to update the agency’s Emergency Response Plan. All Emergency Response Plans will be updated in a manner that is reflective of how participating agencies do business, as well as in alignment with local and state partners’ existing plans for coordination, emergency operations and hazard mitigation.

Due to the number of participating agencies and the amount of effort required to meet the AWIA requirements by the established deadlines, MWDOC and the participating agencies have already entered into Phase 1 – Crosswalk Review. A purchase order was issued to MWDOC for Phase 1 in the amount of $15,205. City staff has submitted the City’s relevant documents for review, and the consultant is currently evaluating the existing resources to identify the gaps that need to be addressed in order for the City to comply with the AWIA Risk & Resilience Assessment and Emergency Response Plan requirements.

After the City’s crosswalk to compliance is identified, the City will need to proceed to Phase 2 – Risk & Resilience Assessment and Phase 3 – Emergency Response Plan Update. The City’s most recent Water System Vulnerability Assessment (now referred to as a Risk & Resilience Assessment) was completed in 2003 as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 following the events of 9/11. The corresponding Emergency Response Plan was completed in 2004 and updated in 2013. The recommendations from these reports have been implemented through planned Capital Projects. All of these documents were completed with the assistance of outside consultants who specialize in these areas. City staff does not have the time, resources or expertise to complete the Risk & Resilience Assessment and Emergency Response Plan update on its own. Therefore, City staff believes it is in the best interest of the City to continue to work with Herndon Solutions Group and their team to complete Phases 2 and 3 to achieve compliance with the AWIA requirements. In order to do so, the City must agree to participate in the shared consultant costs agreement offered by MWDOC for Phases 2 and 3 of the AWIA compliance process.

52 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 6

FINANCIAL ANALYSIS:

The FY 2019/20 Water Fund Budget (Fund 71) allocates a total of $125,000 to complete the Risk & Resilience Assessment of the City’s water system and the corresponding Emergency Response Plan update required by AWIA.

The cost for Phase I is a fixed cost of $15,205 per participating agency. The City has issued a Purchase Order to MWDOC in this amount to participate in Phase 1 – Crosswalk Review of the shared services program for AWIA compliance. City staff recommends continuing with Herndon Solutions Group, the consultant selected by MWDOC, on Phases 2 and 3 of the AWIA compliance process at an additional cost of $145,405.

Shared Consultant Costs for AWIA Compliance

Phase 1 – Crosswalk Review $ 15,205 Fixed-Rate Phase 2 – Risk & Resilience Assessment $ 83,662 Fixed-Rate Phase 3 – Emergency Response Plan Update $ 61,743 Based on Level of Effort Total $ 160,610

The total cost of participating in all three phases is $160,610, which exceeds the amount budgeted by $35,610. Therefore, a budget amendment to the FY 2019/20 Water Fund Budget (Fund 71) in the amount of $35,610 is being requested to accommodate the cost of participating in all three phases of the AWIA Compliance program.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the agreement.

ALTERNATIVES:

Alternative No. 1: 1) Approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) amend the FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610. This is the recommended action.

Alternative No. 2: Do not approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III), and direct staff to solicit proposals for consultant services through an independent Request for Proposals. This is not recommended as it will delay the City’s progress toward AWIA compliance, risk missing the required deadlines and being subject to penalties of up to $25,000 per day, and prevent the City from benefiting from the economies of scale offered through MWDOC’s shared services agreement.

53 Council Action Request AWIA Compliance – Phases 2 & 3 October 1, 2019 Page 7

Alternative No. 3: Do not approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III), and direct staff to complete the Risk & Resilience Assessment and Emergency Response Plan Update with existing staff. This is not recommended as City staff does not have the time, resources or expertise to complete the Risk & Resilience Assessment and Emergency Response Plan update on its own to ensure that all requirements are met.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to 1) approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III) in the Amount of $145,405; and 2) amend the FY 2019/20 Water Fund Budget (Fund 71) in the Amount of $35,610.

Prepared by: Christine Smith, Management Analyst Reviewed by: Mark Sprague, Field Services Manager Approved by: Mark Lewis, Director of Public Works Fiscal Review by: Jason Al-Imam, Finance Director/City Treasurer Approved by: Rob Houston, City Manager

Attachment: Contract

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AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2019 AWIA COMPLIANCE RISK AND RESILIENCY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FOR PARTICIPATING AGENCIES (PHASES II AND III)

THIS AGREEMENT is made and entered into as of October 2019, by and between: 1. Irvine Ranch Water District 2. City of Santa Ana 3. South Coast Water District 4. City of Huntington Beach 5. City of Garden Grove 6. Moulton Niguel Water District 7. Santa Margarita Water District 8. City of Fullerton 9. City of Orange 10. East Orange County Water District 11. City of San Juan Capistrano 12. City of Westminster 13. City of Buena Park 14. Yorba Linda Water District 15. City of Tustin 16. City of Newport Beach 17. City of La Habra 18. City of Fountain Valley 19. City of San Clemente 20. El Toro Water District 21. City of Brea 22. City of Seal Beach 23. Trabuco Canyon Water District 24. Serrano Water District,

(collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are also collectively referred to as "Parties."

RECITALS

WHEREAS, per Section 2013 of Title II, America’s Water Infrastructure Act (“AWIA”), utilities are required to design and complete an AWIA Compliance Crosswalk; conduct a Risk and Resilience Assessment (“RRAs”) for their agency; and develop or update an Emergency Response Plan (“ERP”); and

WHEREAS, each Participating Agency has the responsibility under AWIA to conduct a RRA and prepare an ERP for its respective agency; and 1

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WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and

WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies in conducting RRAs and subsequently preparing or updating an ERP in response to AWIA requirements; and

WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals for AWIA Compliance Crosswalks, Risk and Resilience Assessments, and Emergency Response Plans for Orange County Water Utilities, issued Wednesday, May 15, 2019 (“RFP”) and HSG, LLC, dba Herndon Solutions Group ("HSG" or "Consultant") was chosen as the successful consultant to prepare each Participating Agency’s AWIA Compliance Crosswalk, RRA and ERP; and

WHEREAS, Consultant has been retained for three separate and distinct phases of work under the RFP; Phase I, Design and Completion of AWIA Compliance Crosswalks for each of the Participating Agencies; Phase II, conducting RRAs based on AWIA requirements, the Participating Agency’s Specific AWIA Compliance Crosswalk and other materials provided by Participating Agencies; and Phase III, updating or creating an ERP for each of the Participating Agencies based on AWIA requirements, the Agency’s current ERP, the Agency Specific AWIA Compliance Crosswalk, the Agency Specific RRA, and other materials provided by Participating Agencies; and

WHEREAS, Phase I is in the process of being completed under a separate arrangement for MWDOC and Participating Agencies, and the scope of work for Phases II and III will be finalized based on the results of Phase I and execution of this Agreement; and

WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement;

NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed:

1. Engagement of Consultant and Administration of Consultant Agreement

MWDOC has executed a professional services agreement for the work identified in the response to the Request for Proposals by HSG for purposes of Phases I, II and III of the RFP ("Consultant Agreement"), and this Agreement is necessary to budget the scope of services for each Participating Agency for Phases II and III along with other MWDOC costs, attached as Exhibit A. MWDOC has amended its standard professional services agreement form for the Consultant Agreement and required appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement requires the consultant's insurer(s) to waive all 2

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rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement requires Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage.

1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of Phases II and III;

1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment to Consultant in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final RRAs and ERPs prepared for it by Consultant.

1.4 Each Participating Agency shall provide all documents, information and assistance requested by Consultant during the performance of the Consultant Agreement.

1.5 The City of San Juan Capistrano agrees to add MWDOC as an additional protected party, pending approval by the City’s insurance provider, the California Joint Powers Insurance Authority.

2. Cost Sharing by Participating Agencies.

2.1 MWDOC shall:

2.1.1 Collect from each Participating Agency upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total the full amount of the portion of the total cost allocated to that Participating Agency based on the Consultant’s proposal and other MWDOC costs for Phases II and III, as attached in Exhibit A. The column labeled “Agency Estimated Total Phases 2 & 3 w/ Contingency” in Exhibit A includes, and each participating Agency agrees to, a 10% contingency which allows for minor variations in the cost of work as noted in Section 2.2.3 or for additional work that may be added by a Participating Agency per Section 2.2.2);

2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's final RRAs and ERPs for Phases II and III and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed with the work.

2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3).

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2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies where there are funds due.

2.2 Each Participating Agency shall:

2.2.1 Pay to MWDOC upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total to the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal plus other MWDOC costs, as attached in Exhibit A;

2.2.2 Pay to MWDOC, upon prior written approval of any extra work under the Consultant Agreement that relates to preparation of its final RRAs and ERPs for Phases II and III, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves.

2.2.3 Note that as Participating Agencies decide to participate or not to participate in Phases II and III, the cost sharing of costs among the Participating Agencies for the Consultant and MWDOC’s costs will vary somewhat from agency to agency. Information relative to adjustments in costs among Participating Agencies shall be shared on a periodic basis as decisions are being made by the various Participating Agencies. Also, because the timing of completion of the RRA and ERP vary among agencies, it is allowable to schedule the payment of an invoice for those smaller agencies desiring to pay their deposit out of next year’s budget.

3. Accounting

Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records.

4. Independent Contractor

Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC.

5. Warranty, Indemnification and Defense

MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, 4

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obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA. As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rata basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any work prepared pursuant to the Consultant Agreement in connection with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA, the Participating Agency whose RRA, ERP or AWIA-related work is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees.

6. Notice

Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows:

Notices to Parties

If to: Municipal Water District of Robert J. Hunter, General Manager Orange County Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728

1. Irvine Ranch Water District Paul Cook, General Manager Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618

2. City of Santa Ana Kristine Ridge, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702

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3. South Coast Water District Rick Shintaku, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651

4. City of Huntington Beach Dave Kiff, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648

5. City of Garden Grove Scott Stiles, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842

6. Moulton Niguel Water District Joone Lopez, General Manager Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-0203

7. Santa Margarita Water District Dan Ferons, General Manager Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690

8. City of Fullerton Ken Domer, City Manager City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832

9. City of Orange Rick Otto, City Manager City of Orange 300 E. Chapman Ave Orange, CA 92866

10. East Orange County Water District Lisa Ohlund, General Manager East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869

11. City of San Juan Capistrano Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675

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12. City of Westminster Eddie Manfro, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683

13. City of Buena Park Jim Vanderpool, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622

14. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870

15. City of Tustin Matthew West, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780

16. City of Newport Beach Grace Leung, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663

17. City of La Habra Jim Sadro, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633-0337

18. City of Fountain Valley Rob Houston, City Manager City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708

19. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672

20. El Toro Water District Dennis Cafferty, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654

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21. City of Brea Bill Gallardo, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821

22. City of Seal Beach Jill Ingram, City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740

23. Trabuco Canyon WD Michael Perea, General Manager Trabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679

24. Serrano Water District Jerry Vilander, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446

7. Jurisdiction and Venue

In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.

8. Counterparts and Facsimile

This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.

9. Severability

If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

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10. Term

This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is November 21, 2021. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement.

11. Entire Agreement

This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement.

Execution of Agreement by Parties

Municipal Water District of Orange County Date: ______

By:______Robert J. Hunter, General Manager Municipal Water District of Orange County

Approved as to Form:

Date: ______

By: ______Joseph Byrne General Counsel

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1. Irvine Ranch Water District Date: ______

By: ______Paul Cook, General Manager Irvine Ranch Water District

Approved as to Form:

Date: ______

By: ______General Counsel

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2. City of Santa Ana Date: ______

By: ______Kristine Ridge, City Manager City of Santa Ana

Approved as to Form:

Date: ______

By: ______City Attorney

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3. South Coast Water District Date: ______

By: ______Rick Shintaku, General Manager South Coast Water District

Approved as to Form:

Date: ______

By: ______Arthur Kidman General Counsel

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4. City of Huntington Beach Date: ______

By: ______Dave Kiff, City Manager City of Huntington Beach

Approved as to Form:

Date: ______

By: ______City Attorney

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5. City of Garden Grove Date: ______

By: ______Scott Stiles, City Manager City of Garden Grove

Approved as to Form:

Date: ______

By: ______City Attorney

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6. Moulton Niguel Water District Date: ______

By: ______Joone Lopez, General Manager Moulton Niguel Water District

Approved as to Form:

Date: ______

By: ______General Counsel

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7. Santa Margarita Water District Date: ______

By: ______Dan Ferons, General Manager Santa Margarita Water District

Approved as to Form:

Date: ______

By: ______General Counsel

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8. City of Fullerton Date: ______

By: ______Ken Domer, City Manager City of Fullerton

Approved as to Form:

Date: ______

By: ______City Attorney

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9. City of Orange Date: ______

By: ______Rick Otto, City Manager City of Orange

Approved as to Form:

Date: ______

By: ______Gary Sheatz City Attorney

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10. East Orange County Water District Date: ______

By: ______Lisa Ohlund, General Manager East Orange County Water District

Approved as to Form:

Date: ______

By: ______General Counsel

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11. City of San Juan Capistrano Date: ______

By: ______Benjamin Siegel, City Manager City of San Juan Capistrano

Approved as to Form:

Date: ______

By: ______City Attorney

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12. City of Westminster Date: ______

By: ______Eddie Manfro, City Manager City of Westminster

Approved as to Form:

Date: ______

By: ______City Attorney

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13. City of Buena Park Date: ______

By: ______Jim Vanderpool, City Manager City of Buena Park

Approved as to Form:

Date: ______

By: ______City Attorney

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14. Yorba Linda Water District Date: ______

By: ______Marc Marcantonio, General Manager Yorba Linda Water District

Approved as to Form:

Date: ______

By: ______Arthur Kidman General Counsel

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15. City of Tustin Date: ______

By: ______Matthew West, City Manager City of Tustin

Approved as to Form:

Date: ______

By: ______City Attorney

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16. City of Newport Beach Date: ______

By: ______Grace Leung, City Manager City of Newport Beach

Approved as to Form:

Date: ______

By: ______City Attorney

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17. City of La Habra Date: ______

By: ______Jim Sadro, City Manager City of La Habra

Approved as to Form:

Date: ______

By: ______City Attorney

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18. City of Fountain Valley Date: ______

By: ______Mayor, Steve Nagel City of Fountain Valley

Approved as to Form:

September 13, 2019

Date: ______

By: ______

Attorney for the City, Colin Burns

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19. City of San Clemente Date: ______

By: ______James Makshanoff, City Manager City of San Clemente

Approved as to Form:

Date: ______

By: ______City Attorney

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20. El Toro Water District Date: ______

By: ______Dennis Cafferty, General Manager El Toro Water District

Approved as to Form:

Date: ______

By: ______Gil Granito General Counsel

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21. City of Brea Date: ______

By: ______Bill Gallardo, City Manager City of Brea

Approved as to Form:

Date: ______

By: ______City Attorney

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22. City of Seal Beach Date: ______

By: ______Jill Ingram, City Manager City of Seal Beach

Approved as to Form:

Date: ______

By: ______City Attorney

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23. Trabuco Canyon Water District Date: ______

By: ______Michael Perea, General Manager Trabuco Canyon Water District

Approved as to Form:

Date: ______

By: ______General Counsel

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24. Serrano Water District Date: ______

By: ______Jerry Vilander, General Manager Serrano Water District

Approved as to Form:

Date: ______

By: ______Joel Kuperberg General Counsel

Exhibit A List of Potential Participating Agencies - TOTAL Estimated as of August 13, 2019 Including 10% Contingency Note: totals may change when final participation is known AWIA Scope of Services Selection

Phase 1 Phase 3 Emergency Response Agency Agency Crosswalk Phase 2 Risk Plans Estimated AWIA RRA Estimated Orange County Potable Water Jurisdictions Population Under and Resilience Total Phases Deadline Total Phases Separate Assessment 2 & 3 w/ Low Medium High 1, 2 & 3 Invoicing Contingency

COSTS $15,205 $83,662 $14,801 $33,085 $61,743 Municipal Water District of Orange County 2,300,000 3/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Irvine Ranch Water District 412,933 3/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Santa Ana, City of 338,247 3/31/2020 $15,205 $83,662 $0 $61,743 $160,610 $145,405 South Coast Water District 257,386 3/31/2020 $15,205 $83,662 $33,085 $0 $131,953 $116,748 Huntington Beach, City of 201,000 3/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Garden Grove, City of 174,226 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Moulton Niguel Water District *** 171,856 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Santa Margarita Water District 159,104 3/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Fullerton, City of 140,392 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Orange, City of 140,094 3/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Mesa Water District 110,000 3/31/2020 $0 $0 $0 $0 $0 $0 $0 East Orange County Water District *** 100,000 3/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 San Juan Capistrano, City of ** 34,593 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Westminster, City of 93,179 12/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Buena Park, City of 83,347 12/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Yorba Linda Water District *** 80,067 12/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Tustin, City of 68,088 12/31/2020 $15,205 $83,662 $0 $33,085 $0 $131,953 $116,748 Newport Beach, City of *** 66,800 12/31/2020 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 La Habra, City of 63,118 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Fountain Valley, City of 59,227 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 San Clemente, City of 51,522 12/31/2020 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 El Toro Water District 49,054 6/30/2021 $15,205 $83,662 $14,801 $0 $0 $113,668 $98,463 Brea, City of 43,328 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Seal Beach, City of 25,561 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Laguna Beach County Water District 23,000 6/30/2021 $0 $0 $0 $0 $0 $0 La Palma, City of 15,948 6/30/2021 $0 $0 $0 $0 $0 $0 Trabuco Canyon Water District 12,712 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 Serrano Water District 6,641 6/30/2021 $15,205 $83,662 $0 $0 $61,743 $160,610 $145,405 $380,125 $2,091,558 $74,006 $231,598 $802,653 TOTAL PROJECT $3,579,940 $3,199,815 *** Agencies cannot yet commit for Phases 2 & 3 until completion of Phase 1 or Board Approval. Expected ultimate participation level is shown. 34

88 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST

To: Honorable Mayor and Agenda Date: October 1, 2019 Members of the City Council

SUBJECT: Approve the Agreement with A.P. Triton for Contract Negotiation Assistance in an Amount Not to Exceed $20,000 and Authorize an Appropriation of $20,000 from the General Fund Capital Reserves

EXECUTIVE SUMMARY:

The City of Fountain Valley has contracted with CARE ambulance for emergency transport services since February 1, 1998. The city’s current Ambulance Services Agreement Contract 11-09 expires on February 1, 2020. On October 16, 2018 council approved A.P. Triton to conduct an Emergency Medical Services (EMS) Study to appraise the value and operational opportunities of the city’s ambulance service area. An operational model of purchasing emergency ambulance unit hours and contracting emergency medical cost recovery through private vendors was identified in the study. The identified model would maintain and improve our already high level of emergency ambulance service. Additionally, the model would provide financial relief for the extensive costs realized by the city when deploying emergency medical first responders and advanced life support paramedics. Recently an RFP for like services was conducted by the City of Anaheim. In consideration of time and effort, staff recommends investigating options based upon the EMS feasibility study, and if determined favorable to the City, begin a process that would involve piggybacking on the pricing established through the City of Anaheim’s RFP. Piggybacking onto a similar city’s already established RFP, not only saves time and effort, it allows the assurances embedded into the competitive selection process. Staff recommends that the services of A.P.Triton be utilized to move this current analysis report to the next stage that would determine if a piggybacking process is possible, what specific costs and savings would be for the City, and if determined favorable, return to Council with a recommendation. DISCUSSION:

On October 16, 2018, the City Council approved an agreement with AP Triton, LLC, (AP Triton) to conduct an ambulance feasibility study to analyze the value of the city’s ambulance service area in light of economic and legal changes in the marketplace. The purpose of this study was to evaluate the various options available to provide efficient and cost effective delivery of emergency ambulance transportation services for the City of Fountain Valley. The objective of the study was to determine vital factors and objectives

89 City Council Request Ambulance Contract Negotiation Assistance October 1, 2019 Page 2

that allow the city to provide these services, and to determine the most appropriate delivery model to meet these objectives.

The City of Fountain Valley has contracted with CARE Ambulance Services Inc. (Care) for emergency medical transportation since February 1, 1998 and has always received excellent ambulance services. In 2010, the original contract expired and after completing a comprehensive RFP process in 2011, the emergency ambulance transportation contract was awarded to Care once again. The city’s current Ambulance Services Agreement Contract 11-09 expires on February 1, 2020. The agreement allowed for either one or two-year extensions, not to exceed ten years. February 1, 2020 will complete the ninth year of the agreement.

Ambulance Services Agreement Contract 11-09 with Care provides an operational model in which one 24-hour ambulance is always committed to the city for emergency response. Additional units (surge) are provided as needed to meet demands. Due to all billing and collections being controlled by Care, there is a minimal financial return to the city to offset EMS costs. The A.P. Triton EMS study has identified both financial and operational opportunities by utilizing a model for ambulance services that involves purchasing unit hours of ambulance service to provide transport from a private contractor, and contract billing to a separate vendor. As a recognized Health and Safety Code Sec. 1797.201 provider, the City of Fountain Valley retains not only the right to provide ambulance services, but has a statutory obligation as well.

As recent as May 7, 2019, the City of Anaheim awarded an agreement to Care for the purchase of unit hours for emergency ambulance transportation and Wittman Enterprises, LLC (Wittman) for emergency medical cost recovery. The City of Fountain Valley’s Contracting Procedures (Municipal Code Section 2.36.070) allow for bidding to be dispensed with when piggybacking on the price that was previously established by another government agency. This process is allowed provided the solicitation was made in a competitive manner and awarded to the lowest responsible bidder. The City of Anaheim conducted a competitive bidding process wherein Care and Wittman had the lowest cost and highest score. Therefore, staff recommends A.P. Triton be engaged to perform preliminary contract negotiations with Care Ambulance and Wittman Enterprises on behalf of the City of Fountain Valley in order to determine if it would be possible to piggyback on the City of Anaheim’s pricing structure. Staff will return to City Council with the results of this analysis for final direction, or approval of a negotiated agreement for future emergency transportation services.

STRATEGIC PLAN UPDATE:

On June 11, 2019 the City Council adopted Strategic Objectives for May 2019 through November 2019. One of the Strategic Objectives is to assess and present to the City Council for direction opportunities for cost savings, revenue opportunities and/or

90 City Council Request Ambulance Contract Negotiation Assistance October 1, 2019 Page 3

efficiencies while considering the effects on customer services. City staff has worked with AP Triton on the ambulance study to evaluate the various options available to provide efficient and cost effective delivery of emergency ambulance transportation services for the City of Fountain Valley. The ambulance study identified both financial and operational opportunities. The recommended action (Alternative No. 1) allows for further analysis and is in line with the City’s Strategic Plan.

FINANCIAL ANALYSIS:

A budget amendment is requested from the General Fund Capital Reserves, which has a budgetary reserve balance of approximately $15 million.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the draft agreement with AP Triton.

ALTERNATIVES:

Alternative No.1: Approve the Agreement with AP Triton for Contract Negotiation Assistance in an Amount Not to Exceed $20,000 and Authorize an Appropriation of $20,000 from General Fund Capital Reserves

Alternative No. 2: Do not Approve the Agreement with AP Triton for Contract Negotiation Assistance

RECOMMENDATION:

Staff recommends Alternative No. 1

Prepared By: William McQuaid, Battalion Chief

Reviewed By: Ron Cookston, Fire Chief

Fiscal Review By: Jason Al-Imam, Finance Director/ Treasurer

Approved By: Rob Houston, City Manager

Attachment 1: Proposal from AP Triton, LLC

91 AGREEMENT FOR CONSULTANT SERVICES CON – –

This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM This AGREEMENT shall commence on (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT

shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

92 CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT (a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section 2.36.110 must be obtained from the City Council.

7. PUBLIC WORK

Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:

(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.

(b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

93 actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT.

(c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.

(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.

(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

94 said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

(b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT (a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.

(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

95 and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.

(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity 96 involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.

(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. 12. INSURANCE Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full. 13. WARRANTY FOR GOODS (a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections. The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:

(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;

(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT;

(3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS; 97 (4) The GOODS will not violate any intellectual property rights of any third party;

(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and

(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.

(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:

(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;

(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;

(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or

(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR (a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.

(b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

98 addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

99 concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.

(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES

Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT City of Fountain Valley 10200 Slater Avenue Fountain Valley, California 92708 Attention: City Clerk

22. ASSIGNMENT

CONSULTANT shall not assign the performance of this AGREEMENT, nor

100 any part thereof, nor any monies due hereunder, without the prior written consent of CITY.

[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ. Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.

[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

101 26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder

/// /// /// /// /// /// /// /// /// ///

102 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT

Signature

ATTEST: Typed Name

Title

City Clerk

Approved as to Form: Corporate seal (or attach Notary HARPER & BURNS LLP acknowledgment)

Attorneys for the City

103 Exhibit “A”

104 PROPOSAL

EMS Consulting Services for Fountain Valley Fire Department

by AP Triton Consulting, LLC

September 19, 2019

105 AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

TABLE OF CONTENTS

Section Page

Section 1 Description of Proposed Services 1 • Cost Proposal

Section 2 Implementation Plan and Schedule 2 ▪ Work Plan ▪ Project Schedule

Section 3 AP Triton Consulting, LLC Project Team 3 - 5 ▪ Project Team Bios

Section 4 Relevant Project Experience 6 - 10 ▪ Relevant Project Experiences ▪ Client List

106 AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

Section 1 – Description of Proposed Services

Phase 2 – EMS Consulting Services

AP Triton Consulting will provide contract negotiation assistance to Fountain Valley Fire in cooperative procurement efforts (“piggyback”) onto the ambulance Request for Proposal with Anaheim Fire.

Cost Proposal

Fountain Valley Fire Department will be billed at a rate of $400 per hour for services provided, not to exceed $20,000.

Barring any unforeseen circumstances, we anticipate this project requiring approximately 20 hours.

The above costs do not include travel. Travel shall be pre-approved by Fountain Valley Fire Department and expenses (airfare, hotel, ground transportation, parking, meals, etc.) shall be invoiced separately at actual costs. Mileage will be billed at the current IRS reimbursement rate.

The cost of any changes to this proposal will be priced individually, and agreed to in writing by both parties, before additional work is performed.

This proposal is good for a period of up to 30 days from the date of the proposal.

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AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

Section 2 – Implementation Plan and Schedule

Work Plan

AP Triton will begin by meeting with Fountain Valley Fire Department staff to review the study’s scope and ensure that the proposed Work Plan and project schedule are mutually agreeable. Throughout the duration of the project, AP Triton will monitor progress and the timely completion of tasks, including providing monthly status reports and oral communications.

AP Triton practices the rule of transparency with all clients. Fountain Valley Fire Department project manager(s) will hear from AP Triton in a timely manner via phone and/or email to ensure there are no surprises or unanswered questions.

Project Schedule

AP Triton is prepared to start the project at time of contract award and has no commitments or potential commitments which may impact our ability to perform this Agreement. Compliance with the agreed-upon time frame hinges upon the ability of Fountain Valley Fire Department staff to provide all information and data required in a timely manner.

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Section 3 – AP Triton Consulting, LLC Project Team

Kurt P. Henke, Principal AP Triton Consulting, LLC

Kurt P. Henke has over thirty-four years of experience in the fire service. He has held the ranks of Firefighter through Fire Chief. Prior to becoming the Fire Chief of the state’s seventh largest fire department, Kurt served as Union President of one the state’s largest labor groups, serving multiple Cities and Districts. In addition, he was the Chairman of the California Metropolitan Fire Chiefs, was an Executive Board member of the California Fire Chiefs Association from 2011 through 2014, and was named the 2013 California Fire Chief of the Year.

After becoming Fire Chief, Kurt expanded the first responder paramedic and ALS services of his department, all while experiencing one of the worst economic down turns in recent history. He expanded the department’s ambulance program into a revenue generating enterprise, bridging several financial shortfalls and making it the third largest fire-based ambulance system in California. Kurt identified, developed, and initiated State legislation to facilitate cost recovery for Ground Emergency Medical Transport (GEMT), which has generated hundreds of millions of dollars statewide to the California Fire Service ambulance providers. During his tenure, Kurt is also known for re- constituting relationships between all levels of governance and the private sector. These reciprocal, trust-based relationships increased collaborative opportunities locally and regionally for the District and statewide for the Fire Service as a whole. Upon his retirement from the Fire Service in October 2014, he formed AP Triton Consulting, LLC, with his business partner, Scott Clough. AP Triton Consulting, LLC is a nation-wide emergency medical services consulting firm which specializes in maximizing revenue to states, counties, cities, and districts through their delivery of pre-hospital emergency medical services.

Kurt is currently the case manager for the anti-trust litigation filed by the California Fire Chiefs Association which endeavors to protect public sector (201) ambulance providers in the state of California.

109 AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

Scott A. Clough, Principal AP Triton, LLC

A thirty-three year member of California’s fire service, Scott started his career as a hand crew member in southern California and worked his way through the ranks. He has held the ranks of Firefighter/ Paramedic, Captain, Battalion Chief, and Chief of EMS. His last position held was that of Assistant Chief assigned to the Office of the Fire Chief with one of the largest fire departments in California.

Scott is most noted for his work in creating California’s GEMT program, where he currently functions as the Public Sector Program Manager. While working as the Chief of EMS for his agency, he restructured his department’s ambulance and EMS delivery system from the fire service norm of “breakeven at best” to one of revenue generation that put his department on par with the best private ambulance systems in the country, helping to establish it as the third largest fire-based ambulance system in California. His “run it like a business” strategy for EMS has earned him recognition by the California State Firefighters Association (CSFA) and California Fire Chiefs Association. Scott serves as the EMS Chair for CSFA and as an EMS advisor to California Fire Chiefs Association, California Metro Chiefs, and the League of California Cities. Scott has been a noted speaker to the California Ambulance Association, Nevada Fire Chiefs, Utah Fire Chiefs, California Fire & EMS Disaster (CFED) Conference, League of Cities, and the Fire District Association of California, and has written articles on EMS and cost recovery for several publications.

Upon retirement from the fire service, he formed AP Triton Consulting, LLC with his business partner, Kurt Henke. AP Triton Consulting, LLC is a nation-wide emergency medical services consulting firm which specializes in maximizing revenue to states, counties, cities, and districts through their delivery of pre-hospital emergency medical services. Scott is the lead negotiator for the California Fire Chiefs Association in expanding the current GEMT program. Currently Scott is involved in establishing the same programs in Oregon, Washington, Missouri, Kansas, Nebraska, and Alaska. He is considered the premiere expert in these reimbursement programs.

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AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

Mike DuRee, CEO / Managing Partner AP Triton, LLC

Mike has over 30 years of experience in the Fire and EMS services. He is a veteran of the United States Marine Corps and served, honorably, during the first Gulf War. He was discharged from active duty in 1994, Mike joined the Long Beach Fire Department in 1994, after his discharge from active duty. He served in every rank and was selected to the position of Fire Chief in 2012. During his career, Mike was an instrumental part of both labor and management, serving as President and Vice President of the Firefighters Association prior to moving to the management ranks.

Mike is highly skilled at motivating others and is recognized for his ability to bring groups together to achieve common goals. He has an exemplary record of leading teams in the areas of public safety, emergency preparedness, team/relationship building, communication, and fiscal responsibility.

During his career, Mike was instrumental in developing and implementing cutting-edge programs that led to greater fiscal responsibility, greater accountability, and enhanced community expectations and trust. With his background in fire-based Emergency Medical Services, Mike developed new programs that focused on the care and treatment of low acuity, high propensity users of the system to minimize impacts on the service delivery system. Mike developed the first response unit, nationwide, to deal with the growing homeless population. The “HEART” team drew national attention and has become a best practice model that other cities and counties now embrace.

Mike served as President of the Los Angeles Area Fire Chiefs Association, President of the California Fire Chiefs Association, and is currently the EMS Section Chair of the International Association of Metropolitan Fire Chiefs, representing over 300 Fire Chiefs from the largest Fire Departments world-wide. Mike has both his Bachelor’s degree and Master’s degree in Public Administration and is certified at the State and Federal levels for Emergency Management and Public Information.

111 AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

Section 4 – Relevant Project Experiences

The following is a sampling of the projects that AP Triton Consulting has worked on.

Contra Costa County Fire Protection District - Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the Contra Costa County Fire Protection District (population over 1 million). The study foundation was developed by determining what the current and past insured and uninsured payer mixes were. These payer mixes were all inclusive which, together with other demographic information, allowed AP Triton to determine the maximum value of the system. The study then analyzed the Federal Reimbursement programs available and provided estimates for both GEMT (Ground Emergency Medical Transport) and IGT (Intergovernmental Transfer) programs. Several options were proposed for consideration by the Fire District, and the Public-Private Partnership (contractor/subcontractor) option was chosen. AP Triton then provided services to select the private (subcontractor) partner and managed the response to the County-wide RFP for Ambulance service. Contra Costa County Fire was awarded the contract for ambulance service through a competitive bid process. They have increased their response time compliance from a level of 89-90% under the former provider to an average of 96% across all response zones. Further, their ambulance transport system, which was historically under questionable sustainability, now turns a $10 million profit annually and has amassed a reserve of $19 million. AP Triton Consulting is currently on a maintenance and system retainer agreement through March 2021 to assist the Contra Costa County Fire Department in operating its ambulance transport system.

Alameda County Fire Protection District - Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the Alameda County Fire Protection District (population over 1.5 million). After considering the options provided, an RFP was developed to recruit a private sector contractor.

City of Anaheim Fire and Rescue - Ambulance Subcontracting Feasibility Study and Ambulance Subcontract RFP Process AP Triton conducted a fire-based Ambulance Subcontracting Feasibility Study for the City of Anaheim Fire and Rescue (population: 352,500). This included a comprehensive analysis of the value of the City of Anaheim’s ambulance service area. A subcontracting ambulance model was developed, inclusive of all subcontractor estimates, billing costs, and overhead recommendations. Working with the City of Anaheim’s Purchasing and Legal Departments, a Request for Proposal (RFP) was created for ambulance billing services. AP Triton assisted the City with the issuance of the RFP, served as the single point of contact for technical questions that the respondents had, and assisted City staff in the review of responses to ensure that all met the minimum qualifications required by the RFP. In addition, AP Triton assisted the City of Anaheim in the design of scoring sheets, established a review/interview panel, and served as consultants and facilitators of the interview process. Once the successful respondent was selected, AP Triton assisted the City of Anaheim in developing a contract that was then reviewed and approved by the City of Anaheim’s legal department.

112

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City of Costa Mesa Fire Department - Ambulance Service Feasibility Study AP Triton conducted a fire-based Ambulance Feasibility Study for the City of Costa Mesa Fire Department (population 112,000). The study foundation was developed by determining what the current and past insured and uninsured payer mixes were. These payer mixes were all inclusive which, together with other demographic information, allowed us to determine the maximum value of the system. The study then analyzed the Federal Reimbursement programs available and provided estimates for both GEMT and IGT programs. This study provided several options for the Department to consider; the Public-Private Partnership (contractor/subcontractor) model was chosen. AP Triton then assisted in the successful negotiations with the chosen private (subcontractor) partner.

San Bernardino County Fire Protection District - EMS Valuation / Assessment Study AP Triton Consulting conducted an assessment of the financial structure of the San Bernardino County ambulance system to determine which areas could be subject to competitive bid, the value of the system, the resources needed to provide services to those areas, the cost to implement those services, the time needed to secure equipment, the continued operating costs, and the ability to provide additional services to enhance system delivery.

California Fire Chiefs Association On behalf of the California Fire Chiefs Association, AP Triton serves as Project Manager for legal issues, such as 201 rights, anti-trust, and underground regulations, and as Lead Negotiator on all GEMT and IGT programs with the State of California Health and Human Services and Center for Medicaid Services.

113 AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

AP Triton Consulting, LLC Client List

AP Triton Consulting, LLC has had the privilege to work with:

• Aberdeen Fire Department (Washington) • City of Alameda Fire Department • Alameda County Fire Protection District • Alaska Fire Chiefs Association • Albany Fire Department • Anaheim Fire and Rescue • Benecia Fire Department • Berkeley Fire Department • Bethel Fire Department (Alaska) • Big Indie Bliss, Inc. (New York) • Bodega Bay Fire Department • Brea Fire Department • California Fire Chiefs Association • California Metro Chiefs Association • Carlsbad Fire Department • Carroll County Ambulance District (Missouri) • Central Jackson County Fire Protection District (Missouri) • Central Pierce Fire Protection (Washington) • Chariton County Ambulance District (Missouri) • Chico Fire Department • Chula Vista Fire Department • Central Kitsap Fire and Rescue (Washington) • Citygate Associates • City of Colton/Loma Linda Fire Department • Contra Costa County Fire Protection District • City of Costa Mesa Fire Department • Cosumnes Fire Department • Cowlitz 2 Fire and Rescue (Washington) • Davidson Kempner Capital Management • DeKalb County Fire Rescue (Georgia) • City of Downey Fire Department • Dixon Fire Department • Douglas Okanogan County Fire Department #15 (Washington) • El Dorado Hills Fire Department • Englander, Knabe, and Allen • EPIC Entertainment (Uccont1, LLC) • Exeter District Ambulance • Eugene / Springfield Fire Department (Oregon)

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AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

• Eureka Fire Protection District (Missouri) • Fairfield Fire Department • Fort Myers Fire Department (Florida) • Fountain Valley Fire Department • City of Fresno Fire Department • Fullerton Fire Department • Gig Harbor Fire / Pierce County Fire Department #5 (Washington) • Grand River Regional Ambulance District (Missouri) • Gray’s Harbor Fire District #4 / Lake Quinault Volunteer Fire Department (Washington) • Gray’s Harbor Fire District #5 (Washington) • Hawaii Fire Chiefs Association • Hermosa Beach Fire Department • Huntington Beach Fire Department • Idaho Fire Chiefs Association • International Association of Fire Chiefs • Iowa Fire Chiefs Association • Kansas Fire Chiefs Association • Kennewick Fire and Ambulance (Washington) • Kern County Fire Department • Laguna Beach Fire Department • Lake Ozark Fire Protection District (Missouri) • League of California Cities • City of Lincoln Fire and Rescue Department (Nebraska) • Linn County Ambulance District (Missouri) • Lompoc Fire Department • City of Long Beach Fire Department • Los Angeles County Fire Department • Manhattan Beach Fire Department • Matrix Consulting Group • City of Milwaukee Fire Department (Wisconsin) • Missouri Association of Fire Chiefs • Montecito Fire Protection District • NBS Government Finance Group • National City Fire Department • Nebraska Fire Chiefs Association • North Bend Fire Department (Oregon) • North Kansas City Fire Department (Missouri) • Ocean Shores Fire Department (Washington) • Ontario Fire Department • Oregon Fire Chiefs Association • Orange County Fire Authority • Orting Valley Fire Protection District (Washington) • Oxnard Fire Department

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AP Triton Consulting, LLC Proposal – EMS Consulting Services Fountain Valley Fire Department ______

• Pasco Fire Department (Washington) • Pendleton Fire Department (Oregon) • Piedmont Fire Department • Pleasant Hill Fire Protection District (Missouri) • Public Agency Risk Sharing Authority of California (PARSAC) • Russian River IAFF Local 3051 • Sacramento Metropolitan Fire Protection District • City of Salinas Fire Department • San Bernardino County Fire Department • San Diego County Fire Chiefs Association • San Diego Fire Department • City of San Jose Fire Department • San Ramon Valley Fire Protection District • Santa Barbara County Fire Chiefs Association • Santa Clara County Fire Chiefs Association • City of Santa Cruz Fire Department • Santa Cruz County Fire Chiefs Association • City of Santa Monica Fire Department • Skagit County Department of Emergency Medical Services (Washington) • Solano County Fire Chiefs Association • Sonoma County Fire Chiefs Association • Sonoma Valley Fire Department • Stockton Fire Department • City of Sunnyside Fire Department (Washington) • Tacoma Fire Department (Washington) • Tualatin Valley Fire and Rescue (Oregon) • Ukiah Valley Fire Department • Umatilla Fire Department • Utah Fire Chiefs Association • Vacaville Fire Department • Valley Center Fire Protection District • Ventura County Fire Department • Washington Fire Chiefs Association • Watsonville Fire Department

116 EXHIBIT “B” INSURANCE SPECIFICATIONS

Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT 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 that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

[Check if Applicable] 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 the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident.

[Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

[Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

[Check if Applicable] Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the services to

117 be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and 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.

[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

[Check if Applicable] Explosion, collapse, underground insurance. CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof 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. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

118 AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

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 CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications 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.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

119 policies. Coverage available to the additional insured shall be primary and non- contributory.

Agency’s right to revise specifications. 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 ninety (90) 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.

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 specifications unless approved by CITY.

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.

Additional 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.

120

CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST

To: Honorable Mayor and Agenda Date: October 1, 2019 Members of the City Council

SUBJECT: Approval of a Resolution of the City Council of the City of Fountain Valley Supporting the City of Irvine as the Lead Local Agency Requesting Funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project

EXECUTIVE SUMMARY:

On September 20, 2019, the City of Irvine submitted an application for funding for the Fiscal Year 2020/2021 Call for Projects for the Regional Traffic Signal Synchronization Program, Project P for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project. A requirement of the application states that the lead agency must secure resolutions of support from participating agencies in order to proceed with the project.

The City’s financial participation is estimated to be $138,973. This City’s financial participation in the amount of $138,973 is a 20% match where the total estimated cost for the improvement within the City of Fountain Valley project limits is estimated to be $694,864. These funds will allow for the procurement of intelligent transportation system (ITS) improvements and traffic signal timing necessary to complete improvements along Slater Avenue. The project will be funded by the Traffic Improvement Fund (Fund 24) by way of the City’s Measure M2 funds. This funding commitment will be submitted as part of the FY 2020/21 budget. There are adequate funds in the Traffic Improvement Fund to facilitate this match.

Staff is recommending that the City Council approve a resolution of the City Council of the City of Fountain Valley supporting the City of Irvine as the lead local agency requesting funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project.

DISCUSSION:

121 Resolution – Slater Avenue Traffic Signal Synchronization Project October 1, 2019 Page 2

from Alton Parkway to Magnolia Street will reduce stops and delays and improve travel times along this heavily traveled corridor.

In accordance with the Traffic Signal Synchronization Master Plan, the proposed synchronization of Barranca Parkway/Dyer Road/Slater Avenue will involve neighboring agencies to design and implement signal timing synchronization across jurisdictional boundaries to mitigate traffic congestion and improve traffic flow along the corridor. Timing parameters for peak traffic periods will be dependent on existing field conditions, traffic patterns, and maintaining existing cross-coordination.

In addition to signal timing modifications, infrastructure improvements will be made to intersections along the corridor, including new equipment required to implement and maintain the new traffic signal synchronization. Improvements within Fountain Valley intersections will include the installation of new traffic signal cabinets, CCTV cameras, video detection cameras, and ethernet switches. These improvements will aide in the implementation and monitoring of the traffic signal timing as well as advance our ability to notify the public when signal issues arise.

FINANCIAL ANALYSIS

The City’s financial participation is estimated to be $138,973. This City’s financial participation in the amount of $138,973 is a 20% match where the total estimated cost for the improvement within the City of Fountain Valley project limits is estimated to be $694,864.These funds will allow for the development of traffic signal timing and the procurement of intelligent transportation system (ITS) improvements necessary to complete improvements Slater Avenue. The project will be funded by the Traffic Improvement Fund (Fund 24) by way of the City’s Measure M2 funds. This funding commitment will be submitted as part of the FY 2020/21 budget. There are adequate funds in the Traffic Improvement Fund balance to facilitate this match.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the proposed resolution.

ALTERNATIVES:

Alternative No. 1: Approve a resolution of the City Council of the City of Fountain Valley supporting the City of Irvine as the lead local agency requesting funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project. This is the recommended action.

Alternative No. 2: Do not approve a resolution of the City Council of the City of Fountain Valley supporting the City of Irvine as the lead local agency requesting funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project. This is not recommended as this resolution is necessary to allow the City

122 Resolution – Slater Avenue Traffic Signal Synchronization Project October 1, 2019 Page 3

of Irvine to initiate this project and make much needed signal timing and signal equipment upgrade improvements to Slater Avenue in Fountain Valley.

RECOMMENDATION:

It is recommended that the City Council approve Alternative No. 1, which is to approve a resolution of the City Council of the City of Fountain Valley supporting the City of Irvine as the lead local agency requesting funding for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project.

Prepared by: John Nguyen, Associate Engineer Reviewed by: Temo Galvez, Deputy Director of Public Works/City Engineer Approved by: Mark Lewis, Director of Public Works Fiscal Review by: Jason Al-Imam, Finance Director/City Treasurer Approved By: Rob Houston, City Manager

Attachment: Slater TSSP Resolution

123 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATION FOR THE BARRANCA PARKWAY/DYER ROAD/SLATER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P)

THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS THAT:

WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program (Project P) targets over 2,000 signalized intersections across Orange County to maintain traffic synchronization, improve traffic flow, and reduce congestion across jurisdictions; and

WHEREAS, the City of Fountain Valley has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2; and

WHEREAS, the City of Fountain Valley must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and

WHEREAS, the City of Fountain Valley authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary; and

WHEREAS, the City of Fountain Valley has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies’ efforts to synchronize traffic signals across local agencies’ boundaries; and

WHEREAS, the City of Fountain Valley will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual; and

WHEREAS, the City of Fountain Valley will not use Renewed Measure M funds to supplant Developer Fees or other commitments; and

WHEREAS, the City of Fountain Valley desires to implement multi-jurisdictional signal synchronization; and

WHEREAS, the City of Fountain Valley supports the City of Irvine in the submittal of the application for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization project; and

WHEREAS, the City Council of the City of Fountain Valley delegates signature authority to the Director of Public Works or his designee to facilitate the delivery of the projects.

Resolution No. Page 1 of 2 124 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fountain Valley hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the application under the 2020 Call for Projects from the Regional Traffic Signal Synchronization Program (Project P) to participating agencies for the Barranca Parkway/Dyer Road/Slater Avenue Traffic Signal Synchronization Project. Said funds, if approved, shall be matched by funds from the City of Fountain Valley, as required, and shall be used as supplemental funding to aid the City in traffic signal synchronization along the project corridor.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley held on the 1th day of October, 2019.

ATTEST:

______Rick Miller, City Clerk Steve Nagel, Mayor

APPROVED AS TO FORM:

______Attorney for the City

STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF FOUNTAIN VALLEY

I, Rick Miller, City Clerk of the City of Fountain Valley, do hereby certify that the whole number of members of the City Council of the City of Fountain Valley is five; that the above and foregoing Resolution No. ___ was duly and regularly passed and adopted at a regular meeting of the City Council held on the ___ day of ______, by the following vote:

COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT:

Rick Miller City Clerk

Resolution No. Page 2 of 2 125 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST

To: Honorable Mayor and Agenda Date: October 1, 2019 Members of the City Council

SUBJECT: Approval of Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program

EXECUTIVE SUMMARY:

After a discussion with City Council during a Study Session on March 19, 2019, Staff was directed to develop a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program.

The City is seeking proposals from qualified vendors to provide amenities, services, and revenue sharing for the City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program. The objective of the revitalization project is to provide all required labor, materials, equipment and services necessary to provide, install, replace, repair, maintain and monetize, at no cost to the City, attractive, clean, and safe bus shelter, bus benches, and trashcans. The goal of the City is to beautify and enhance the experience of those traveling within the City by introducing rehabilitated bus shelters and benches, and ultimately to replace all transit equipment while providing opportunities for revenue sharing with the City.

Staff is recommending that the City Council approve the issuance of a RFP for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program.

DISCUSSION:

There are currently a total of 142 OCTA transit stops in Fountain Valley. Of the 142 OCTA transit stops in the City, 56 have a transit shelter (shelter, bench and trashcan), 18 have a single standing bench that are unmaintained, and 68 transit stops have no amenities.

Clear Channel has serviced the transit amenities since its installation in 1996. The City currently receives an annual revenue of $127,000 from advertising revenue from Clear Channel. The City’s contract with Clear Channel expired on June 16, 2017, and the City has been on six-month renewals since.

126 Council Action Request RFP for Bus Shelters & Benches Program October 1, 2019 Page 2

The RFP for the City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program seeks qualified vendors to provide all required labor, materials, equipment and services necessary to provide, install, replace, repair, maintain and monetize, at no cost to the City, attractive, clean and safe bus shelter, bus benches, and trashcans.

The City wishes to address its facilities for public transportation, as part of the City’s ongoing beautification plan. The goal of the City is to beautify and enhance the experience of those traveling within the City by introducing rehabilitated bus shelters and benches leading ultimately to replacing the transit related furnishings and appurtenances with upgraded new models. Improvements to these facilities may also attract new riders, and increase the frequency of individual ridership.

It is proposed that the successful vendor will receive a 10-year contract and the ability to construct and maintain the new bus shelters and benches. Through the contract, the vendor will have the exclusive right and duty to construct, install, maintain, repair, and provide advertisement. In consideration of this exclusive right, a revenue percentage will be paid to the City. The revenue percentage will be based of the advertising gross revenue generated from the advertisement on the bus shelters and benches.

Improvement Areas include:

I. Bus Shelters II. Bus Benches III. Trash Cans and Trash Removal IV. Maintenance and Repairs V. Advertising Revenue

Services will include, but not be limited to, the following:

 Improving bus stops by refurbishing or replacing existing street furniture  Maintaining transit stops and amenities  Cleaning transit bus stops regularly  Sweeping regularly  Scheduling trash removal pickups regularly  Up to date painting, appearance maintenance and graffiti removal  Repairs as needing, including new glass, hardware and illumination  Advertising or non-advertising options (revenue sharing with the City)  Installation and removal features

127 Council Action Request RFP for Bus Shelters & Benches Program October 1, 2019 Page 3

 Spray and pressure washing  Monitoring and posting report verification regularly

In addition, the written proposals for services will be evaluated on the following five criteria:

1. Firm Experience (15%) 2. Bus Shelters (25%) 3. Bus Benches (25%) 4. Maintenance and Repairs (10%) 5. Revenue for the City (25%)

Staff will review the evaluation score and the proposed revenue for each of the identified companies and present these with a recommendation to the City Council for consideration of an award of a contract.

FINANCIAL ANALYSIS

The fiscal impact will be dependent on which alternative is selected.

Current: If the City decides to keep maintain the current situation, the City will continue receiving an annual revenue of $127,000. It is recommended that if the City remains with the current vendor and program that a new contract be developed to move away from ongoing six-month extensions.

Proposed: If the City decides to approve the issuance of the RFP, the annual revenue will be contingent on the proposal that is selected. If the City seeks to secure more revenue, less amenities such as new shelters and/or benches will be provided. If the focus is more on newer amenities and street furniture it can be expected that the revenue share to the City will be less.

ATTORNEY REVIEW:

Legal review is not required at this time.

ALTERNATIVES:

Alternative No. 1: Approve the Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program. This is the recommended action as it will enhance the experience of those traveling within the City by introducing rehabilitated bus shelters and benches. In addition, it will provide the City with a contract agreement as the City is currently on a six-month renewal basis.

128 Council Action Request RFP for Bus Shelters & Benches Program October 1, 2019 Page 4

Alternative No. 2: Do not approve the Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program and direct Staff to make modifications as requested by Council and return at a future Council meeting for further consideration.

Alternative No. 3: Do not approve the Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program and direct Staff to develop an updated contract with Clear Channel to memorialize current operations and return to City Council at a future meeting for further consideration.

RECOMMENDATION:

It is recommended that the City Council approve Alternative No. 1, which is to approve the Issuance of a Request for Proposal (RFP) for City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program.

Prepared by: Fatana Temory, Management Aide Reviewed by: Temo Galvez, Deputy Director of Public Works/City Engineer Approved by: Mark Lewis, Director of Public Works Fiscal Review by: Jason Al-Imam, Finance Director/Treasurer Approved by: Rob Houston, City Manager

Attachment 1: Request for Proposal (RFP) Attachment 2: PowerPoint Presentation

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CITY OF FOUNTAIN VALLEY, CALIFORNIA

MARK B. LEWIS, P.E. DIRECTOR OF PUBLIC WORKS

REQUEST FOR PROPOSAL

FOR

CITY-WIDE BUS SHELTERS AND BENCHES REHABILITATION, MAINTENANCE AND ADVERTISING PROGRAM

FOR THE CITY OF FOUNTAIN VALLEY

PREPARED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS

SEPTEMBER 2019

APPROVED BY: PREPARED BY:

______TEMO GALVEZ, P.E. FATANA TEMORY DEPUTY DIRECTOR OF PUBLIC WORKS/ MANAGEMENT AIDE CITY ENGINEER R.C.E. No.: 71998 714-593-4433 Exp.: JUNE 30, 2020 [email protected]

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I. Introduction and Objectives

The City of Fountain Valley (hereinafter referred to as "CITY") is seeking proposals from qualified Vendors to provide amenities, services, and revenue sharing for the City-Wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program. The objective of the revitalization project is to provide all required labor, materials, equipment and services necessary to provide, install, replace, repair, maintain and monetize, at no cost to the City, attractive, clean, and safe bus shelter, bus benches, and trashcans. The goal of the CITY is to beautify and enhance the experience of those traveling within the City by introducing rehabilitated bus shelters and benches, and ultimately to replace all transit equipment while providing opportunities for revenue sharing with the City. Vendor shall be knowledgeable of all applicable federal, state and local standards, building codes, and Americans with Disabilities Act / Facilities.

II Examination of Proposal Documents

By submitting a proposal, each Vendor represents that it has thoroughly examined and become familiar with the work required under this RFP and is capable of performing quality work to achieve the objectives of the CITY.

III Addenda/Clarifications

Any CITY changes to this RFP will be made by written addendum. No verbal modification shall be binding.

IV Proposal Requirements:

Proposals for this project will be accepted at this office until 3:00 p.m. on Thursday, November XX, 2019. Questions regarding the RFP may be submitted via email to [email protected] through 3:00 p.m. on Thursday, November XX, 2019. Questions of a substantial nature will be addressed in an addendum. Five (5) copies of the proposal shall be submitted in a sealed envelope, plainly marked "Proposal for City-wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program.”

Proposals shall be addressed to:

Fatana Temory Management Aide Department of Public Works City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708

The focus of the Proposal shall be on qualifying elements including the application of your company’s experience to the subject project, understanding of the project scope, experience of the company and its personnel. It is requested that Proposals be concise and directed toward experience relevant to this project.

The CITY reserves the right to reject any and all proposals which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

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V Pre-Contractual Expenses

Pre-contractual expenses are defined as expenses incurred by the Vendor in: 1) preparing and reproducing its proposal in response to this RFP; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFP and Vendor’s proposal; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by Vendors in the preparation of proposals. Pre-contractual expenses shall not be included in the proposal.

VI Exceptions/Deviations

Any exceptions to the requirements of this RFP must be included in the Vendor’s proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations".

VII Vendor’s Representative:

The Vendor shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The Vendor’s representative shall remain in responsible charge for the duration of the project. Should the Vendor’s primary representative be unable to continue with the project, the Vendor’s alternate representative shall become the primary representative. No personnel changes will be accepted without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of the CITY.

VIII City of Fountain Valley Representative and Team:

Fatana Temory, Management Aide shall be project manager and contact person for all communications with the CITY. CITY review and technical team will be Temo Galvez, Deputy Public Works Director/City Engineer, Fatana Temory, Project Manager, and Jason Al-Imam, Finance Director.

IX Insurance Requirements:

The Vendor shall maintain and provide current copies to the CITY the following minimum insurance coverage for the duration of this project:

A. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California

B. Broad Form Commercial General Liability $1 million

C. Automotive $1 million

D. Professional Liability Coverage $1 million

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X Indemnification

The Vendor shall indemnify, defend, and hold harmless CITY, its officers, directors, employees, and agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful Vendor and its subconsultant's arising out of performance of the requirements of the Contract.

XI Subcontracting

Only those companies identified in the Contract as sub Vendors or subcontractors shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime Vendor to the CITY. The CITY has the right to reject any requested amendments at any time during the course of this project.

XII Federal, State, and Local Laws

The Vendor shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes.

XIII Proposal Evaluation Criteria:

Evaluation criteria used to select the Vendor shall be in accordance with Section XXI of this RFP and shall include, but not be limited to, the following: company’s experience with similar projects; qualifications of the company and key personnel, especially the Project Manager of the company to perform the required work; company’s understanding of the project requirements; the ability of the company to provide the required services in a timely and cost-effective manner to meet the required schedule.

XIV Vendor Selection and Interviews:

CITY team will review all proposals and rank Vendors according to their response to this RFP and the CITY Evaluation Criteria as outlined in Section XXI of this RFP. The highest ranked Vendor(s) may be invited for oral interviews with the CITY team. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. The CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV Revenue Proposal:

Revenue consideration, in addition to scope and quality of work shall be principal factors in determining the highest ranked Vendor. Vendors should pay close attention to revenue details and be accurate in determining their proposed revenue.

XVI Contracts/Agreements:

The successful Vendor shall enter into a Contract with the CITY that is based on the contents of this RFP, the Vendor’s proposal, and the CITY Contract. Where two or more Vendors desire to submit a single proposal, only one Vendor shall be listed as prime Vendor. All others shall be listed as sub Vendors. The CITY shall enter into a Contract

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for this project with a single company and not with multiple companies doing business as a joint venture. Award of a Contract by City Council is tentatively scheduled for Tuesday, November XX, 2019.

Issuance of this RFP and receipt of proposals does not commit the CITY to award a Contract. The CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFP, negotiate with a Vendor other than the highest ranked Vendor should negotiations with the highest ranked Vendor be terminated, and cancel any or all portions of this RFP and resulting Contract.

XVII Ownership of Reports and Documents

Originals of all documents, letters, drawings, design calculations, estimates, specifications, field notes, daily diaries, as-builts and other documents and data produced under the terms of the Contract shall become the property of the CITY. The CITY shall retain all rights in copyright. Copies may be made and retained by the Vendor for its records but shall not be furnished to others without the written consent of the CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XVIII PROPOSAL FORMAT AND CONTENT:

Proposals shall include the following information:

A. Company Experience:

1. A brief list of similar projects for which similar services have been supplied in the last three (3) years as related to design, renovations, refurbishment, rehabilitation, maintenance and advertising for transit bus shelters and benches. Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid the CITY in ascertaining your company’s qualifications.

B. Team Members:

Name of project manager, sub Vendor(s), associates, designers, and key personnel, their proposed level and areas of responsibility, and their qualifications in those areas. The Vendor’s Project Manager and key personnel will be an important factor considered by the CITY.

1. Any changes to personnel assigned to this project shall be made in writing to the CITY. The CITY reserves the right to reject any proposal with modified personnel.

2. If sub Vendors are used, names of sub Vendor's key personnel for the project, their professional experience, qualifications, and training which are applicable to this project, and the scope of services that will be provided by 4

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each subconsultant.

3. The office location from which the Vendor(s) shall operate.

C. Proposal Format:

1. Proposals shall contain no more than twenty (20) pages, excluding exhibits and resumes, single-sided, single column, portrait layout, 1" side margins and 1/2" top and bottom margins, font size no less than 11 pt. and single or double spaced.

2. Proposals should include, but not be limited to, the following:

a. Page numbering b. Table of Contents c. Section dividers with tabs d. Identification of offering company, including name, address, and telephone number of each company. e. Prime Vendor organizational chart, which includes sub Vendor(s) with names and titles of personnel to be used for this project. f. Acknowledgment of receipt of RFP addenda, if any. g. Proposed project schedule. h. Concise, complete response to the technical aspects requested in the "Scope of Work". i. Exceptions to or deviations from the requirements of this RFP, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the Vendor shall be thoroughly explained and shall meet the objectives of the CITY.

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XIX SCOPE OF WORK

The CITY is requesting proposals for the City-wide Bus Shelters and Benches Rehabilitation, Maintenance and Advertising Program from qualified Vendors to provide all required labor, materials, equipment and services necessary to provide, install, replace, repair, maintain and monetize, at no cost to the City, attractive, clean and safe bus shelter, bus benches, and trashcans. There are currently a total of 142 OCTA transit stops in Fountain Valley. Of the 142 OCTA transit stops in the City, 56 have a transit shelter (including shelter, bench and trashcan), 18 have a single standing bench that are unmaintained, and 68 transit stops have no amenities. The condition of the shelters have deteriorated since their initial installation in 1996.

The CITY wishes to address its facilities for public transportation, as part of the City’s ongoing beautification plan. The goal of the CITY is to beautify and enhance the experience of those traveling within the City by introducing rehabilitated bus shelters and benches leading ultimately to replace the transit related furnishings and appurtenances with upgraded new models. Improvements to these facilities may also attract new riders, increase the frequency of individual ridership and promote the City’s transit system.

The successful vendor will receive a 10-year contract and the ability to construct and maintain the new bus shelters and benches. Through the contract, the Vendor will have the exclusive right and duty to construct, install, maintain, repair, and provide advertisement. In consideration of this exclusive right, a revenue percentage shall be paid to the CITY. The revenue percentage should be based of the advertising gross revenue generated from the advertisement on the bus shelters and benches.

Please specify in your proposal your plans to beautify the CITY including but not limited to the following improvements: installing, replacing, repairing, maintaining, and monetizing the CITY’s bus benches and bus shelters.

Improvement Areas include:

I. Bus Shelters II. Bus Benches III. Trash Cans and Trash Removal IV. Maintenance and Repairs V. Advertising Revenue

Services shall include, but not be limited to, the following:

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 Monitoring and posting report verification regularly

I. Bus Shelters

1. The Vendor, at no cost to the City, shall provide all required labor, materials, equipment and services necessary for providing, installing, replacing, repairing and maintaining bus shelters.

2. The Vendor shall replace and/or refurbish existing bus shelters.

3. The Vendor shall be responsible for maintaining the shelters, in “like new” condition throughout the life of the Contract, including refurbishing, reconditioning, and, if necessary, replacing worn benches and shelters.

4. Vendor shall make routine inspections on each shelter and trash receptacle at least once per week, or more often if conditions warrant. At each inspection, if needed, Vendor shall clean, wash and fumigate each shelter and surrounding area, as well as inspect lighting fixtures and replace defective lights, as needed.

5. Removal of all graffiti, markings, etc. on the amenities. Vendor shall pressure clean each shelter and its benches at least annually, or as frequent as possible to provide a clean and aesthetically pleasing environment.

6. The Vendor shall maintain each bus shelter in a structurally safe and aesthetically attractive condition, and the area surrounding each will be kept free of insects, debris, graffiti and other rubbish.

II. Bus Benches

1. The Vendor, at no cost to the City, shall provide all required labor, materials, equipment and services necessary for providing, installing, repairing and maintaining bus benches.

2. The Vendor shall replace existing bus benches.

3. The Vendor shall be responsible for maintaining the bus benches, in “like new” condition throughout the life of the Contract, including refurbishing, reconditioning, and, if necessary, replacing worn benches.

4. Vendor shall make routine inspections on each bench at least once per week, or more often if conditions warrant. At each inspection, if needed, Vendor shall clean, wash and fumigate each bench and surrounding area, as needed.

5. Removal of all graffiti, markings, etc. on the amenities. Vendor shall pressure clean each bench at least annually, or as frequent as possible to provide a clean and aesthetically pleasing environment.

6. The Vendor shall maintain each bus bench structurally safe and aesthetically attractive condition, and the area surrounding each will be kept free of 7

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insects, debris, graffiti and other rubbish.

III. Trash and Trash Removal

1. The Vendor shall provide at no cost to the City, a trash receptacle, which shall be affixed to and an integral part of the shelter.

2. The Vendor shall empty the trash receptacle on a regular basis, or as necessary but at least weekly, at no expense to the City.

3. The Vendor is responsible for maintenance and trash receptacle replacements if needed, due to graffiti, theft and or destruction.

IV. Maintenance and Repairs

1. The City shall have the right to inspect such benches and shelters periodically to determine their condition.

2. Vendor shall replace or recondition to the satisfaction of the City any benches or shelters that the City determines are no longer in “like new” condition.

3. All transit furniture and surrounding area shall be kept safe, neat, attractive, environmentally clean, and sanitary conditions at all times. Failure to properly maintain transit furniture or the surrounding area may constitute cause for cancellation of the Contract.

4. Should a bus shelter, bench or trash can be damaged or destroyed, regardless of fault, the Vendor is responsible for the timely repair or replacement of the bench or shelter.

5. If vandalism or damage is such that the public could be exposed to a dangerous situation while in or near the shelter, the Contractor shall repair or, if necessary, remove the entire shelter and bench within twenty-four (24) hours of notification by the City. Vendor shall repair any vandalism, graffiti, or other damage to all bus benches and shelters of a non-hazardous nature within twenty-four (24) hours or after receipt of notice and shall be replaced and made fully operational at the same location within give (5) working days.

6. The City reserves the right to require the removal of any bench or shelter that is in need of repair or maintenance upon written notice to Vendor. Any bench or shelter not maintained or repaired within the notice period cited above may be removed by the City at the expense of the Vendor. Removal does not exempt the Vendor from its payment obligations.

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V. Advertising Revenue

1. The Vendor may provide, install and maintain, at its sole cost and expense, professionally designed commercial advertising displays on bus shelters and bus benches approved by the City.

2. In addition to the sales of advertising space, the Vendor will be responsible for servicing and maintenance of the advertising space. Any damage caused to the panels, such as graffiti, markings, etc. shall be repaired at the sole responsibility of the Vendor for no additional cost.

3. The Vendor shall be authorized to provide high quality, expertly designed commercial advertising displays to be placed upon bus benches and shelters approved and designated by the City; however, advertising of liquor, tobacco or tobacco products, political matter, pornographic or obscene matters and any other subject deemed objectionable by City is prohibited. The determination of whether objectionable advertising exists shall be determined by the City and its decision on these matters shall be final.

4. The City must receive advertising space for City events and other City related items at no cost to the City. Please discuss the advertising space, amount, and frequency that will be reserved for the City.

5. Please discuss in detail the revenue sharing plan. Including the potential net revenue for bus shelters and bus benches; the expected monthly and yearly revenue and the percentage of monthly gross revenue that will be provided to the City; and the City’s potential short-term revenue and potential long-term revenue over the course of a 10-year contract?

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XX PROPOSAL EVALUATION CRITERIA

The written proposals for services shall be evaluated on the following five criteria:

A. Firm Experience:

Does the proposal indicate that the Vendor has the necessary experience? Does the Vendor possess other qualifications valuable for this project? Does the proposal indicate that the company and, more particularly, the other team members have the necessary experience for their designated project task? This information comes from checking references provided in the proposal. In talking with other agencies for which the proposing company and project team have worked, have they completed similar projects? Has the Vendor been able to work successfully with other clients? Did the work result in a successful project? Would the references use the firm again?

B. Bus Shelters:

Does the firm seem to understand the CITY’s guidelines and requirements for the bus shelters outlined in the Scope of Work? Has the company clearly presented how it would provide services requested for the bus shelters? Has the company suggested innovative ideas and design features for the bus shelters? Has the company pointed out areas of concern and potential solutions based on its experience? Has the company shown the quality and durability of the bus shelters? Has the company proposed a project schedule for the bus shelters that meets the City’s needs and is achievable?

C. Bus Benches:

Does the firm seem to understand the CTIY’s guidelines and requirements for the bus benches outlined in the Scope of Work? Has the company clearly presented how it would provide services requested for the bus benches? Has the company suggested innovative ideas and design features for the bus benches? Has the company pointed out areas of concern and potential solutions based on its experience? Has the company shown the quality and durability of the bus benches? Has the company proposed a project schedule for the bus benches that meets the City’s needs and is achievable?

D. Maintenance and Repairs:

Does the firm seem to understand the CTIY’s guidelines for maintaining the bus shelters and benches outlined in the Scope of Work? Has the company clearly presented how it would provide maintenance services requested for all transit furniture? Has the company shown outlined all services specified in the scope of work?

F. Revenue:

Has the firm provided the CITY’s potential net revenue for bus shelters and bus benches? Has the firm provided the expected monthly and yearly revenue or the percentage of monthly gross revenue that will be provided to the CITY? Has the firm provided the CITY’s potential short-term revenue and potential long-term revenue over the course of a 10-year contract?

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Proposed Evaluation Process

Relative weighting will be established for each of the five criteria as the Request for Proposal for Services is prepared. The weighting may change with the size and complexity of the project. Also, the number of criteria items might change. In all cases, the selection criteria and the relative weighting will be described in the RFP.

The proposals will be reviewed by a committee of City staff. The committee will consist of Temo Galvez, Deputy Public Works Director/City Engineer, Fatana Temory, Management Aide, and Jason Al-Imam, Finance Director.

An example Evaluation Form follows. Each reviewer will independently evaluate each proposal. The reviewers will compare and discuss their evaluations.

Normally, only the top two will be selected for revenue consideration. However, if the scores are close and the review committee determines that more than the top two scoring companies are qualified to do the project, then all those so determined will be identified.

Staff will review the evaluation score and the proposed revenue for each of the identified companies and present these with a recommendation to the City Council.

As part of the recommendation to the City Council, Staff will provide information on the proposed project budget and schedule. After the project is complete, Staff will provide a report to the City Council on the project's success in meeting its budget, schedule and other goals.

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CITY OF FOUNTAIN VALLEY PROPOSAL EVALUATION FORM

PROJECT: ______

PROPOSING COMPANY: ______REVIEWER: ______DATE: ______

RELATIVE REVIEWER'S WEIGHTING WEIGHTING EVALUATION X EVALUATION CRITERIA OF CRITERIA SCORE (1-5) SCORE COMMENTS 15% 1. Firm Experience 25% 2. Bus Shelters 25% 3. Bus Benches 10% 4. Maintenance and Repairs

5. Revenue 25%

TOTAL 100%

Scoring: 5 = Excellent 4 = Above Average 3 = Average 2 = Below Average 1 = Poor

142 City of Fountain Valley October 1, 2019

143 Overview: Currently 142 OCTA transit stops  56 transit shelters (includes shelter, bench and trashcan)  18 single standing non‐ad benches  68 have no amenities

144 Current Contract:  56 bus shelters installed in 1996  Serviced by Clear Channel  $127,000 annual revenue from Clear Channel  Contract is expired – on 6 month renewals since June 16, 2017

145 Services Currently Provided:  Trash Pick Up (2x a week)  Light General Cleaning (2x a week)  Graffiti removal if observed (2x a week)  Urgent Issues if needed can be addressed within 24 hrs.  Advertising Privileges for the City

146 Current Bus Shelters:

147 Current Bus Shelters:

148 Current Bus Shelters:

149 Current Bus Benches:

150 Current Bus Shelter Lighting:

151 Request for Proposal (RFP) for City‐Wide Bus Shelters & Benches Rehabilitation, Maintenance and Advertising Program

152 Improvement Areas Include:

1. Bus Shelters 2. Bus Benches 3. Trash Cans and Trash Removal 4. Maintenance and Repairs 5. Advertising Revenue

153 Services will include:  Improving bus stops by refurbishing or replacing existing street furniture  Maintaining transit stops and amenities  Cleaning transit bus stops regularly  Sweeping regularly  Scheduling trash removal pickups regularly  Up to date painting, appearance maintenance and graffiti removal  Repairs as needing, including new glass, hardware and illumination  Advertising or non‐advertising options (revenue sharing with the City)  Installation and removal features  Spray and pressure washing  Monitoring and posting report verification regularly

154 Evaluation & Scoring:

Firm Experience Firm Experience (15%) 15% Revenue 25% Bus Shelters (25%) Maintenance 10% Bus Benches (25%)

Revenue for the City (25%) Bus Benches Bus Shelters 25% 25% Maintenance & Repairs (10%)

155 Alternatives:

Alternative No. 1: Approve the Request for Proposal (RFP)

Alternative No. 2: Do Not Approve the Request for Proposal (RFP) and direct Staff to make modifications as requested and return at a future Council Meeting

Alternative No. 3: Do Not Approve the Request for Proposal (RFP) and direct Staff to develop an updated contract with Clear Channel

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