To: Board of Directors
From: Lewis Broschard, Chief, Contra Costa County Fire Protection District
Report Title: Adopt a Resolution to Approve a Policy for Entering into Written Subcontracts with Private Ambulance Services
RECOMMENDATIONS:
ADOPT a Resolution approving the policy of the Contra Costa County Fire Protection District for entering into written subcontracts with private ambulance services pursuant to Health and Safety Code Section 1797.231.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of this resolution. The adoption of this resolution provides for the continued ability to subcontract emergency ambulance services by being in compliance with the requirements for a competitive request for proposal process to acquire for such services.
BACKGROUND:
The District is the current contractor to Contra Costa County (“County”) for the delivery of exclusive emergency ambulance services to a total population of approximately one million residents. The District currently subcontracts for the daily operations of all ALS and BLS emergency ambulance transport services and has done so since January 1, 2016. The current contract with American Medical Response (“AMR”) expires on December 31, 2025. The District is currently soliciting proposals from potential contractors to secure a subcontractor relationship in order for the District to potentially bid on the next County emergency ambulance contract.
AB 389 was sponsored by Contra Costa County and passed by the legislature in 2021 which led to the establishment of Health and Safety Code Section 1797.231. One of the new requirements of the legislation is the need for the governing body of a fire protection district to adopt a policy regarding certain elements of the request for proposal (“RFP”) process for subcontracting of emergency ambulance services.
Under Health and Safety Code section 1797.231, a county may not enter into or renew a contract for emergency ambulance services with a fire agency that includes a written subcontract with a private ambulance service unless the fire agency adopts a written policy that requires the written subcontract to be awarded pursuant to a competitive bidding process consistent with Public Contract Code section 20812. As part of the proposed policy, the District’s competitive bidding process will include the following:
• Safeguards to prevent any entity submitting a bid, including an officer, employee, agent, representative, or other official of the entity, from participating in the deliberations in awarding the contract.
• Consideration for awarding the written subcontract will be given only to bidders who submit complete applications in response to a written request for proposals, written request for qualifications, or other similar written request for bids.
• The District’s written request for proposals, qualifications or other similar written request for bids shall not be prepared in whole or in part by any entity submitting a bid in the competitive bidding process, including that entity’s officers, employees, agents, representatives, or officials.
Additionally, the proposed policy will provide that the District shall evaluate a bidder’s demonstrated ability and commitment to providing cost-efficient and high-quality services based on the bidder’s response to the request for bids using criteria set forth in the written request. The criteria will include, but are not limited to:
• The experience and history providing emergency ambulance services in a safe and efficient manner.
• The managerial experience and qualifications of key personnel.
• The effectiveness of operational processes and assets, including the quality of the ambulance fleet and equipment, dispatch, customer service, and working conditions of ambulance personnel.
• Performance monitoring and quality control.
• Reasonable service rates and charges.
• The financial stability to maintain an uninterrupted and consistent level of service.
CONSEQUENCE OF NEGATIVE ACTION:
The current contract with AMR is set to expire on December 31, 2025. If the proposed policy is not adopted, the District will not be able to comply with Health and Safety Code 1797.231. If this policy is not approved the District will not be able to award a new contract pursuant to its current RFP. The District will not be able to enter into a subcontractor relationship and would not be in a position to respond to the County’s upcoming emergency ambulance RFP using the Alliance model.
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I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. |
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ATTESTED: |
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Monica Nino, County Administrator and Clerk of the Board of Supervisors |
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By: |