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HomeMy WebLinkAboutAP Triton, LLC - 2018-04-10PROFESSIONAL SERVICES CONTRACT BETWEEN THE, CITY OF I -I NTINGTON BEACH: AND AP TRITON, LLC FOR EVALUATION' OF EMERGENCY MEDICAL SERVICE; CI URGES TI-11S AGREF,MENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, .hereinafter referred to as "CITY," and AP Triton, LLC, a Limited Liability Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to evaluate current City i' of Huntington Beach emergency medical services; and Pursuant to docUrneJttation on Ffle in the offi� e of tl'te City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Scott A. Cloughsi who shall represent it and be its sole contact and agent in all consultations with CITY during the perfonmance of this Agreement, 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANTin the performance of this Agreement. agreelsurfnet/proPessionai sm to S49 0/15 l ;;o:f 11 3. TERMTIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to co►ar hence on � (-b , 20 12 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than twelve months from the Commencement Date. The time .for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This, schedule may be amended to benefit the PROJECTif mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT str 'll ?be bo rni by ztll te2rns and c�mdi-tioYls as two edhe.rein. 4. COMPENSATION Ili consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified In Exhibit "B," which is attached hereto and incorporated' by reference into this Agreement, a fee, including all costs and expenses, not to exceed seventy five Hundred Dollars ($7,500). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of' Exhibit "B " agree/surfnetlprofessional svcs to $49 10/15 2 of 11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, Including, without limitation, all original drawings, designs, reports, both- field and' office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first.-`l.hese ma?terieds maybe used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and ,rill claims, damages, fosses, expenses, jrd-mients, demands and, defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in comnection with CONSULTANT's (or CONSULTANT'S subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to coaxnpJy with may of its ob�lagatnons contained ii'n this Agreement by CONSULTANNT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy 11 mits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and fiunish to CITY a professional liability insurance policy covex ng .the work perforined-by it hereunder. " b1s, policy shall provide coverage for agredsurfnet/professional Svcs to $49 10/15 3ofIl CONSULTANT'S professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in die aggregate. The above -mentioned insurance shall not contain a self insured retention without. the empress writtezn conscnt of CITY; however an insurance Policy "deductible" of 'ten 'thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT wiili make every effortto maintain similar insurance during, the required extended period of coverage following PROTECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work. perforna:e& in connection with this Agreement. If CONSULTANT fails or refiises to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with .required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to fortliwith .ten-ninate this Agreement. Such teirnination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. a;reelsurfnedprofessional Svcs to $49 1,1/:z 5 4 of 11 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSUI_,TANT shall furnish to CITY a certificate of insurance subject to :ppptova;l of the. City Attorney evidencing the Ioregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy inunber of each carrier and policy; B. state that the policy is currently in force; and C. shall .promise that such. policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten. (1.0) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing- insurance coverra,,c in, force until the Ij work under this Agreement is hilly completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indem-nification obligations as set forth in this Agree ent. CITY nor its representative stall :at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. I t . INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all.. times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other agreelsurfnetlprofessional sves to $44 10115 5 of I 1 payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERIM, INATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is billy complete. Any termination of tlus Agreement by CVFY shayl be made in, writing, notice ofwhichi shai"l' be dellivere&to CONSULTANT, as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13). ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, a14 approved assignees, delegates and su,bconsuiItants naust sati�sty the .insbrrance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRiGFITS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CTTY shall have any agree/surfnet/profession al sves to $49 10115 6 of 11 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16, NOTICES Any notices, certificates, or other com-munications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the sam, e in .the United S: atcs .Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal. delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: David A. Segura, Fire Chief 2000 Main Street Huntington. Beach, CA 92648 17. CONSENT TO CONSULTANT: AP 'Triton, LLC A'ITN: Scott: A. Clough, Principal 5500 Drycreek Road Napa, CA 94558 When CI'TY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or. event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. agreelsurfnetlprofessional sves to $49 10115 7 of I I 19. SECTION I-IEA.DINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at :the begi ling of the w itous sections in this Agreement are increly descriptive and arc included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20, INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent _jurisdiction to be unenforceable, void,, illegal or. invalid, such -holding shall .not ,invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the contest so indicates or requires. Nothing contained herein shalll be construed so as to regtnire the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or Riture statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreem, e;nt which is hereby af'tuxed shall lac: ourtailed •,and Enl ted io my -to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate ori.ginalg, each of which so executed shakT, irrespective of agree/suffnet/protessional sves to $49 10115 8 of I I the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any Marty who has signed it. 22. IMMIGRATION CONSULTANT shall. be responsible for Bill compliance with the immigration and. naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. ? } . LEGAL SERVICE'S 'KIMI GO, N RAIC"Y INI(I PROHIBITED CONSULTANTlI and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to H n tington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CON SULI ANT. 24, Al'TORNEY' S FEES In A."he event suit is brougjat'by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL: 'Terms and conditions of this Agreement, which by their sense arid context survive the expiration or termination of this Agreement, shall so survive. agree/surfnet/protessional sves to $49 10/15 9 of 11 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY 'in the event that s,,reh authority or power is not, in fact, held by the signatory or is withdrawn. 28. EN('IRETY The parties acknowledge and agree that they are entering into this Agreement freely and vd1untarily following extensive arna's -length negotiation, and dint each has had ..the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing 'between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall. expire when terminated as provided Herein. agree/surfnet/professional sues to $49 10/15 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CON SULTAN" , print name ITS' icir� e on Chaij By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — , Treasurer v agTeelsurfnet/professional svcs to $49 10/15 11 of I I CITY OF HUNTINGTON BEACH, a municipal ckyrporatlell of the State of. California Director/Chief tPwwuunl To HBAIC §3.03. 100) APPROVED AS TO FORM: City Attorney %W Die 11 RECEWE AND FfLE: q 7 4&m A City Clerk Date EXHIBIT "A" A. ,STATEMENT OF WORK..- (Narrative of work to be performed) AP Triton, LLC will provide the following analysis: o Perforrn a direct and indirect cost analysis of providing the current level of emergency medical services o Examine current revenue streams which shall include any federal reimbursement as well as current taxpayer mixes o Review current federal reimbursement cost reports o Establish a maximum and minimum fee that could be charged for delivery of emergency medical services (ambulance transport) to kelp recover uncompensated expenses AP Triton, .I_..LC will also develop and provide a draft report for review by staff and a final report at the end of the process. Project or site visits may include, but not be limited to: o Conference calls for data acquisition interview(s) o Conference calls for technical client beiefing meeting(s) and review of a rough draft of the final report o Unlimited telephone calls and video conferencin.g are included. Consultant mnay also perform additional services related to the Emergency'Medical Services analysis and study as required by the City of Huntington Beach. These additional services would be billed at the rate identified in Exhibit B below. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: EXHIBITA AP Triton, LT_.0 will complete the specified analysis and accompanying report in a timely and complete man-ner. Consultant will also be :responsive and timely in answering City inquiries and Bequests -fotr status aepor:ts. C. CITY'S DUTIES AND RESPONSIBILITIES: Communicate with Consultant on an as -needed basis and provide requested documentation to Consultant in a timely manner. D. WORK PI'2_aC-R.<1NYP'ROJECT SCHEDULE: TBD. EXHI13IT A. EXHIBIT "B" Payment Schedule (Hourly Payment) A. f lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Preparation and delivery of the Evaluation Report - $7,500. All invoices shall be due within thirty (30) days from the date of the invoice submitted t the Huntington Beach Fire Department c 50%du-e;at or mencement of project ($3,750) o 50% due upon delivery of the final report ($3,750) This itemization does not include travel (including airfare, lodging and transportation) or other miscellaneous expenses, which shall be invoiced separately at actual cost as needed. Services in addition to the Scope of Work will be billed separately at $400 per hour, as requred. B. Travel Charges .for time during travel, are not reimbursable. C. BI11in All billing shall be done monthly in fifteen (1S) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each nionth's ibi44 should include a total to date. That total should provide, at a glance, the -total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CfI'Y to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall i:dematify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; !U) Include a certification by a-prinaciped ;rnermaber ofCOi'Vr.SULTAN'l."s tmraxt that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Exhibit B Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in. accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made ��rithir� tlliity �{3�� d��ys of.r°eaea}�t of the iravoioc by �'I7"Y. S;erch a}�pre�vr�1 sl�:al,l :rot be unreasonably withh0d. If CITY does not approve an in.vuicc;, °CITY shall notify CONSULTANT in writing of the re:atit)ns I'or nafl-approval zrud ,thy schedu-le of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced: separately to<C:,I:TY. Such invoice s}r.all contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such. time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing perfm`nlance of the remainder. of this Agreement. 2 Exhibit B EXA:IRIT "B" Payment Schedule (Fixed Fee Paymcnt) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress ,toward compict-ion oftasks. 'ID .the event CITY rejects or has comments on any such prod.ua, CITY sba,l':l dclontify specific requirements for sacissfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total' amount of the payment due; D) InCtUde a certification by a principal member ofCONSULTANT's firm (hat the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is malting satisfactory progress toward completion of ,tasks in accordance ,vkh this Agreement, CITY shall approve.the -invoice, i n which eventpayment sbal'l be. -made within t h-ty ,(30) Clays of.receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSUL"fANf is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any bikHngs for extra work or additional services authorized in a&ance and in w6ting by CITY shall- be irlvoiced separately to, CI"I'Y. Such, invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HC.INTINGTON BEACH AND AP TRITON, LLC FOR. iEVALIJATION OF EMERGENCY MEDICAL SERVICE CHARGES Table of Contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance........................................................................................................... 2 3 Term; Time of Performance.................................................................... ... 2 41 Compensation......................................................................................................................2 5 Extra Work.......................................................................................................................... 2 6 Method of Payment.............................................................................................................3 7 Disposition of Plans, Estimates and Other Documents....................................................... 3 8 Hold Harmless..................................................................................................................... 3 9 Professional Liability Insurance..............................................................................4 10 Certificate of Insurance....................................................................................................... 5 11 Independent Contractor........................................................... .......................................... _6 12 Tenn nation of Agreement.................................................................................................. 6 13 Assignment and Delegation ............. 14 Copyrights/Patents.............................................................................................................. 7 15 City Employees and Officials.............................................................................................. 7 16 Notices....................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................ 8 le9Section Headings................................................................................................................. 8 20 interpretation of this Agreement ................ ................................. 8 21 Duplicate Original............................................................................................................... 9 22 Immigration.......................................................................................................................... 9 23 Legal Services Subcontracting Prohibited........................................................................... 9 24 Attorney's Fees ..................................................................................................................... 10 25 Survival............................................................................................................. 26 Governing Law..................................................................................................................... 10 27 Sip, atories............................................................................................................................ 10 28 Entirety.................................................................................................................................10 29 Effective Date................................................................................ I l CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form APR 03 ao�oj PART 6 c=fnance-Depaorn Date: 4/2/2018 Project Manager Name: David A. Segura Requested by Name if different from Project Manager: Department: Fire PARTS 1 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, 'B'EFO'RE!PROCEEDING WITH .THIE SOUICrITATION OR CONTRACT.)PROCESS. PART t MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Consultant will perform a cost analysis of the current City of Huntington Beach Emergency Medical Service charges and provide recommendations regarding the minimum and maximum fees that could be charged for delivery of these services. 2) Estimated cost of the services being sought: $ 7,500 3) Are sufficient funds available to fund this contract? Z'Yes ❑' No If no, please explain: 4) Check below how the services will be obtained.- 0 A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)-Other Interagency Agreement procedure will be utilized. ® MC 3.03.08-Contract Limits of $30,000 or less exempt procedure will be utilized, 5) Is this contract generatly�escribed on the list of professional service contracts approved by the City Council? If the answer t this p�weston 1s nNo; the contract will :;require approval frorn the City Councit) yes ❑ No Fiscal Services anager Signature (Purchasing Approval) Date i 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): �- Account number Contractual. Dollar Amount Business unit. object;�� _ _ Fiscal+Year _J_FiscaliYear Fiscaf Year Fiscaf:Year FY 2017/18 _ 10065401.69365 $7,500 $ $ $ —� _ Depafjrment Head Signature(s) t hief F' an ial Offi -Signature,/ _ f Assi' n.t City Managers Signature APPROVED ("I DE - ❑ i y Manager's Signature professional service approval form - part 12016 - ems fee study.doc REV: February 2015 Date i y' l : Date Date Date CITY OF HUNTINGTON BEACH x;rdy Professional: v Approval PART 11 Date: 4/18/2018 Project Manager: David A. Segura Requested by Name if different from Project Manager: Department: Fire PARTS '1 & t1 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL ,FORM 'M'CDST ,SE 0OMPL'ETED;BY THE ,R}EQUESTiNG DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 & 11 MUST BE FILE© WITH ALL APPROVED CONTRACTS. 1) Name of consultant: A.P. Triton, LLC 2) Contract Number: FIR (Contract numbers are obtained through Finance Administration x 6630) 3), Amount of this contract: $7,500 Account number Contractual Dollar Amount i Business unit. object # — Fiscal Year 17/18- Fiscal Year Fiscal Year Fiscal Year 10065401.69365 _FY $7,500 $ 4) Is?tNs contract ;less than $50,000? -( Yes '0 ;No 5) Does this contract fall within '$150; 00 and'$100,000? ❑ Yes No 6) Is this contract over $100,000? ❑ Yes H No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? Q Yes Z= No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) g). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Departrrie.at.Head -, Date Fiscal S is s`N146ager (Purchasing) Date Budget Manager Approval Signature r, Chief inanci I Officer (or designee) Signature ate Date professional service approval :Form -;part ii 20111 6.doc 72.7e52 � � � CERTIFIGATE OF LIABILITTINSU>I NICE 2nA'BE 1M4lUdLb:rKYYh TI*S CERTIFICATEYS'tS'SUED AS A MATTER OF INFORMATION)ONLY AND CONPERS'iNO''RIGHT'S •URON 7HE ,CERTtFI,CATE-,HOLE)ER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the polfcy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 855-491-0974 USf Insurance Services Nationai, fnc. CONTAC NAME: Kathi 5i(rlon PHONE 602.666,--4827 al. 6r No 610 537-2213:y ..iAl�a. 61 Ex:------ x------- EMAIL kath+ilsTnort ust.coer AATt7 ti35; ,___, 8331 Norman Center Dr, Ste 500 INSUREN(S) AFFOROM COVERAGE NAIC ji INSURERA: Hartford Lloyd's Insurance Company 38253 Bloomington, MN, 55437 INSURED INSURERB; Continental Casualty Company 20443 AP TRITUN -------___. INSURER C ; INSURER D 5500 DRY CREEK ROAD. INSURER E : INSURER F: NAPA, CA 94558 f`PQTTl='Ir.ATF "IL9::;t Ab; 1. 4ZFVI'ST 3N aVM. A&BER: 'See,oeloiv THIS 4S"TO'CERTIFY THAT THE'POLICIES OF'tNSURA'NCE tiS7ET)-HEL0W',HAVE';BEEN ISSUED T'D'7HE"INSURED,NAMED AEIOVE T-ORs.THE?POLICYIP.ERK)G " iNtOfCAT'ED. 'NOTVIVITHSTAVOhtiO ANY REQUIREMENT, TERM OR CONIATICIN t),F ANY ICDN:T:RACT OR OTHEWDOrdUMENT VVITH }RESP,ECIT TO. WHICH T?Vs CFRTIFI(:ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADD R POLICY NUMBER IC EFF IDD Y POLICY MhUDD1YYYY LIMITS q X COMMERCIAL GENERAL LIABILITY ClA1M3MA0E �� OCCUR X r 41KDC2T1852 {LBW.162507) 3127/'l.018 3J27/2019 EACHOCCURRENCE S t.000.CA0 �R�17t1=�i— _j'REMISES j[a csocvrrancs)_„_ S 7_. �or (An on erg son) S 5,000 PERSONAL 8 ADV INJURY S 1,00(),000 LINT APPLIES PER: GENERAL AGGIREGATE S 2.000L0` GEW-AGGIREGATE PRO - POLICY; JECT OX -LOC PRODUC rS - CC". FIOP AGG S 2. 033 S OTHER: F. AUTOMOHILLIABILITY come (E SINGLE LIMIT S BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEOULFD AUTOS ONLY AUTOS HIRED NON -OWNED _ AUTOS.ONLY AUTOS ONLY APPROVED AS TO Ely: FORM BODILY INJURY (Per ecddeot) S Y- PROPERTYDAMAGE Per accident S S . UMSRELLA UAa i3CCC.tk MICHAAEL E. f> TES reACk(OCCL7RRENCE -$ I EXCESS LIAR CLARJS-M'AOE I CM A17t7R CITY OF HEINTLIN Y BEACH AGOREGATE S -DELI RETENTION:E WORKERS COMPENSATION AND EMPLOYERS' LIASIUTY -1 YPROPRIFTOR(ICEWMEMtiEH s PER OTH- �� 6TAT lT Ea_ANUF --- E.LEACH ACCIDENT S EPARTTIXCLUDf2EWU7F.XF.CUTIVE t' (Mandatory in NH) N!A E.L.'DISEASE- EA EMPLOYEE S E.L. DISEASE- POLICY LIMIT .S If yas, dosulbe under DESCRIPTION OF OPERATIONS belmv B Professional. Liability 5965.16681 03/27/2018 03/27/2019 $1 ooa,00D UESCRI'P'31ON OF OPERATIONS I LOCATTONS i VEHICLES tACOR.D Iot, Additfanaf Remarks Scnedute, may 4e attached Umme space Is required) EW 000 859 City Of Huntington 'Eeach,'Its Agents, Officers 'and Employees and H'unfingionlBeaah Fire tDepantmettJs?liMed as an addif.'onai'insured as it relates to general liability in accordance with the terms and conditions of the policy as per written Contract. L:tK i It'IL;A I't MULUCK 4ArM,=LLA I IV IM City Of Hunfington Beach SHOUt:L7 ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED OCTORE Its Agents, UfftC TS and E 4o ees THE EXPIRATION DATE. THEREOF, NOTICE WILL BE DELIVERED IN 9 mP y ACCORDANCE WITH THE POLICY PROV(91ANS, 2000 Main Street Huntington f)P.ach, CA 92648 AUTHORIZED REPRESENTATIVE I --- 9e.., The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 6 AP Triton,LLC Kurt P. Henke Prin cipa [/Managing Partner Scott A. Clough Principal February 15, 2018 David A. Segura, Fire Chief Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 SUR) ECT: Scope of Work and Cost Proposal for Evaluation of the Current Huntington ton Beach . Fire Department Emergency Medical Sentice Charges Dear Chief Segura: As the Principal Managing Partner of AP Triton, LLC, it is my pleasure to provide you with our Scope of Work and Cost Proposal to perform an evaluation of the Huntington Beach Fire °.Dep. a=r;:rxt's current emergencymedical service charges. SCOPE OF WORK For this scope of work, AP Triton, LLC will provide the following analysis: Y Perform a direct and indirect cost analysis of providing the current level of emergency medical services. Y Exane current revenue streams which shall iizclik6 aay as well as current payer mixes Y Review current federal reimbursement cost reports; and Establish a maximum and minimum fee that could be charged for delivery of emergency medical services (ambulance transport) to help recover -uncompensated expenses. All Tritou, LLC will develop and provide a draft;report fm review'by staff and a final reportal the cad of the process and is prepared to begin the,project as soon as ttie contract is;prepared. Please note that the City of Huntington Beach aizrees as part of its consent to this proposal to proptde an I; and all necessary documentation mid rtunthers requested by AP Triton, LLC for the various sections of the report in a timely manner. Further, AP Tritons LLC mill not be 55t7!o Drycr.eek load, Napa, California 94558 • 7N.266.430'9 VISION, INNOVATION, SOLUTIONS �'k responsible for the accuracy of the inforination provided to us by the Huntington Beach .dire or Einance Departments, PROJECT CONFERENCE CALLS/SITE'VISI`I`S Project or site visits may include, but not be hinited ta: Cvnference calls far d$tsa a,cquLsition interviews) ➢ Conference calls for Teelmical client briefing nieeting(s) and review of rough draft report ➢ Unlimited telephone calls and video confereneing are included COST PROPOSSf1L/F'AYMENTS ➢ Preparation and delivery of the Evaluation Report $7,500.00 Total project cost (not including travel): $7,500.00 All Invoices shall be due within thirty (30) days from the date of the invoice submitted to the Huntington Beach Fire Department. 50% due at commencement of project ($3,750) 50% duc upon delivery of the final report ($3,750) This itemization does not include travel (including airfare, lodging and transportation) or other miscellaneous expenses, which slial.l be invoiced separately at actual costs as needed. Services in addition to the above Scope of Work will be billed separately at $400 per hour, as required. I look forward.to providing our services tothe ffi mtingtou Beach Fire Department. If you have any questions or need fiu-ther informatio ,`please feel free to contact me at (707) 266-4309 or by email at kheilkecaaptritan.com. Sincerely, Kurd'. Henke, lsrincipal Managing -Partner AP Triton, LL,C CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Michael E. Gates, City Attorney MATTER ID No. 18-6585 Date: 6/8/18 Request made by: Kevin Justen Telephone: x 5235 Department: Fire INSTRUCTIONS: File Request For Legal Services in the City Attorney's Office. Outline reasons for the request in the space marked "COMMENTS" and include facts necessary for City Attorney to respond. Please attach all pertinent documents, information, exhibits, any relevant deadlines and contact information. TYPE OF LEGAL SERVICES REQUESTED: ❑ Prepare Contract / Document 0❑ Approve Document ❑ General Legal Assistance / Project / Legal Research RCA DEADLINE: N/A IF NOT FOR CITY COUNCIL ACTION, REQUESTED DEADLINE: 6/15/18 Insufficient time to meet deadline, please note revised due date of This request was reviewed and approved. Date: Signature of Department Head COMMENTS Please explain in a brief narrative what you are asking the City Attorney to do, along with a brief factual background to your request. (E.g., I am requesting that the City Attorney draft an ordinance, or advise whether certain records must be disclosed under the PRA.) Please identify all attachments to this RLS and pertinent department contact information. Shaded areas for City Attorney's Office use only. This RLS is being returned for the following reason(s): ❑ Need Department Head signature ❑ Opinion previously rendered on (date) attached ❑ Insufficient data, please submit ❑ Attachment(s) missing ❑ Other. Assigned Attorney: Assignment Date: Secretary:...... Exf': Due Date: Matter Description: The details of the request are provided below. ❑ Advice Memo ❑ Agreement Negotiations ❑ Citizen Inquiry ❑ Civil Hearing ❑ Criminal Prosecution Document Approval ❑ Document Preparation ❑ Grievances '❑ Meeting Request ❑ Opinion ❑ Ordinance ❑ Pitchess ❑ Project, ❑ Public Records Act ❑ RCA ❑ Report ❑ Resolution '❑ Workers' Comp Notes: Level- Date Completed: le 20 RLS Form CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Michael E. Gates, City Attorney COMMENTS (Continued): The City Attorney's Office is requested to review and approve as to form the attached agreement with AP Triton, LLC for an evaluation of City of Huntington Beach emergency medical service charges. RLS Form -2-