JUNE 7, 2005 PROFESSIONAL SERVICES AGREEMENT WITH EMERGENCY PLANNING CONSULTANTS TO UPDATE THE CITY’S SEMS MULTIHAZARD FUNCTIONAL PLAN JUNE 7, 2005 PROFESSIONAL SERVICES AGREEMENT WITH EMERGENCY PLANNING CONSULTANTS TO UPDATE THE CITY’S SEMS MULTIHAZARD FUNCTIONAL PLAN

TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: ASSISTANT TO THE CITY MANAGER

DATE: JUNE 7, 2005

SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH EMERGENCY PLANNING CONSULTANTS TO UPDATE THE CITY’S SEMS MULTIHAZARD FUNCTIONAL PLAN

RECOMMENDATION

  1. Award a Professional Services Agreement to Emergency Planning Consultants in an amount of $15,000 to update the City’s SEMS Multihazard Functional Plan;
  2. Authorize the Mayor and City Clerk to execute the Agreement with Emergency Planning Consultants.

BACKGROUND

In accordance with FEMA requirements, the City adopted its Standardized Emergency Management System (SEMS) Multihazard Functional Plan, an extension of the California Emergency Plan, in 1997. This plan establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of the City’s planned response to extraordinary emergency situations associated with natural disasters, technological incidents, and national security emergencies. The plan does not address normal day-to-day emergencies or well-established, routine procedures.

The City’s current plan was based upon a prototype, one-size fits all model developed for the Los Angeles County area and intended to be updated and further developed overtime to meet the needs of the City. In order to maintain and enhance the City’s overall response and recovery operations, staff believes a plan update is overdue and necessary to ensure the plan elements are still valid and current.

DISCUSSION

To ensure an efficient organization capable of responding to any emergency, staff requests City Council approval to award a professional services contract to Emergency Planning Consultants for preparing an update of the City’s 1997 SEMS (Standardized Emergency Management System) Multihazard Functional Plan.

Staff selected Emergency Planning Consultants (EPC) for this project due to the specialized nature of the service necessary for updating the City’s SEMS Plan and EPC’s past experience of successfully preparing the City’s Natural Hazards Mitigation Plan that was recently approved by FEMA. As a matter of background information, the City awarded the previous contract to EPC after an RFP (Request for Proposals) process that resulted in very expensive cost estimates with the exception of EPC. As a small planning firm without the high overhead costs inherent with larger consulting firms, EPC is able to provide desired professional services for a very reasonable cost.

Emergency Planning Consultants’ proposed scope of work highlights a streamlined approach that includes a series of team planning meetings, data collection, hazard analyses, and tabletop exercise to produce a final, updated City’s SEMS Plan over a six-month period at a cost of $15,000.

The draft contract has been reviewed by the City Attorney’s Office and is attached for the Council’s review and approval.

FISCAL IMPACT

The professional service contract to update the City’s SEMS Multihazard Functional Plan is for $15,000. There are funds available in the City’s FY 04-05 Emergency Preparedness program budget for Professional/Technical Services that can be carried over to FY 05-06. In addition, staff will set aside a $5,000 allowance for additional revisions, public meetings, copying existing maps, etc. as necessary for preparing the updated plan.

Respectfully submitted,

Gina Park

Assistant to the City Manager

Reviewed,

Les Evans

City Manager

Attachments:

  1. Draft Professional Service Agreement

Exhibit A: EPC Proposal dated May 1, 2005

Exhibit B: Scope of Work and Schedule of Performance

PROFESSIONAL SERVICES AGREEMENT (DRAFT)

THIS AGREEMENT is made and entered into this ____ day of June 2005, by and between CITY OF RANCHO PALOS VERDES hereinafter referred to as "CITY", and EMERGENCY PLANNING CONSULTANTS hereafter referred to as "CONSULTANT".

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

 

ARTICLE 1

SCOPE OF SERVICES

1.1 Project Description

The Project is the update of the City’s 1997 Standardized Emergency Management System Multihazard Functional Plan to ensure the City’s overall emergency response and recovery operations are valid and current.

1.2 Description of Services

CONSULTANT shall perform Services described in the Proposal dated May 1, 2005, which is the CONSULTANT'S Statement of Qualifications attached hereto as Exhibit A and incorporated herein by this reference.

1.3 Schedule of Work

Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY and agreed on by CONSULTANT. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT'S work promptly, or delay or faulty performance by CITY, other contractors, or governmental agencies, or any other delays beyond CONSULTANT'S control or without CONSULTANT'S fault.

 

ARTICLE 2

COMPENSATION

2.1 Fee

(a) CITY agrees to compensate CONSULTANT a not to exceed amount of $15,000 for an updated SEMS Multihazard Functional Plan. The CONSULTANT'S fee proposal is attached hereto and incorporated herein as Exhibit B.

(b) CITY may request additional specified work under this agreement, as described in CONSULTANT'S fee proposal, which is attached hereto and incorporated herein by Exhibit B. All such work must be authorized in writing by the Assistant to the City Manager prior to commencement.

2.2 Payment Address

All payments due CONSULTANT shall be paid to:

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, California 92117

2.3 Terms of Compensation

CONSULTANT will submit invoices monthly for the percentage of work completed in the previous month. CITY agrees to pay all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage.

Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice.

 

ARTICLE 3

INDEMNIFICATION AND INSURANCE

3.1 Indemnification

CONSULTANT will defend, indemnify and hold harmless CITY, its Boards and its officers, employees and agents (collectively "CITY"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of CONSULTANT, its agents, officers, directors or employees, in performing any of the services under this Agreement.

3.2 General Liability

CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of One Million ($1,000,000.00) Dollars for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A VII or better.

3.3 Worker's Compensation

CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees.

3.4 Notice of Cancellation

A. All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30) days prior written notice to CITY. CONSULTANT agrees that it will not cancel or reduce said insurance coverage.

B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon.

3.5 Certificate of Insurance

At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability shall contain endorsements naming the CITY, its officers, agents and employees as additional insured.

3.6 Primary Coverage

The commercial general liability insurance provided by CONSULTANT shall be primary to any coverage available to city. The insurance policies (other than workers' compensation) shall include provisions for waiver of subrogation.

 

ARTICLE 4

TERMINATION

4.1 Termination of Agreement

(a) This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed served upon deposit in the United States Mail of a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 6.12.

(b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1.

 

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product

All plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement are instruments of service, which shall be deemed the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. If a document is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document in a Microsoft® Word 2000 or lower format; in addition, CONSULTANT shall provide CITY with said document both in a printed format and a compact disc.

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation

CITY representative shall be designated as Gina Park, Assistant to the City Manager and CONSULTANT representative shall be Carolyn Harshman as the primary contact person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts

In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.).

6.3 Personnel

CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff that are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services.

6.4 Conflicts of Interest

CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Section 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement.

6.5 Legal Action

(a) Should either party to this Agreement bring legal action against the other, the case shall be brought in a court of competent jurisdiction in Los Angeles County, California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony.

6.6 Assignment

This Agreement shall not be assignable by either party without the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT'S direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT'S use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance.

6.7 Independent Contractor

CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY, it being distinctly understood that CONSULTANT is, and shall at all times remain to CITY, a wholly independent contractor and CONSULTANT's obligations to CITY are solely such as are prescribed by this Agreement.

6.8 Titles

The titles used in this Agreement are for general reference only and are not part of the Agreement.

6.9 Extent of Agreement

This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

6.10 Notices

All notices pertaining to this Agreement shall be in writing and addressed as follows:

If to CONSULTANT:

Carolyn Harshman, President

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, California 92117

If to CITY:

Gina Park, Assistant to the City Manager

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

 

Dated:

BY:

PRESIDENT

Emergency Planning Consultants

 

 

Dated: CITY OF RANCHO PALOS VERDES

A Municipal Corporation

 

BY:

MAYOR

City of Rancho Palos Verdes

ATTEST:

CITY CLERK

EXHIBIT "A"

May 1, 2005

Gina Park

Assistant to the City Manager

City of Rancho Palos Verdes

This letter is in response to your request for a proposal concerning the development of an updated Emergency Operations Plan for the City of Rancho Palos Verdes.

Qualifications

Emergency Planning Consultants (EPC) is pleased to present this proposal to provide professional services in light of the recent completion of the City’s Hazard Mitigation Plan. The Mitigation Plan already contains a Hazard Analysis with information on the region’s natural hazards.

EPC President Carolyn J. Harshman possesses the outstanding qualifications required to facilitate the development of the Plan within the schedule identified by the City.

EPC’s emergency management, plans, training and exercise experience with local, regional, and state governments provides EPC with a unique advantage at assisting Rancho Palos Verdes in successfully completing this project. The recent experience with the Planning Team on preparing the Hazard Mitigation Plan will result in a significant savings on time – both for the Consultant and the Planning Team members.

Past and current experience with developing Emergency Operations Plans includes the County of San Diego, City of Carlsbad, State of New Hampshire, State of Indiana, San Diego Unified School District, and the City of Hermosa Beach.

Carolyn Harshman is President of Emergency Planning Consultants, a company she established in 1984 in response to a growing need for consulting services in the area of disaster planning. Carolyn's experience with emergency planning began with her Master's Thesis entitled Flood Plain Management in San Diego County. After completing her Master of Public Administration degree from San Diego State University, Ms. Harshman began a twenty-year career with local government.

Ms. Harshman worked with the County of San Diego as a Regional Land Use Planner and later as a Hazard Planner for the County's Office of Disaster Preparedness. Her efforts at ODP focused on revising the County’s Emergency Operations Plan, serving as Training & Exercise Officer, and assisting the incorporated cities with their own Plans. At this point, Ms. Harshman began working as a consultant in the field of emergency management. She continued her work in land use planning, preparing community plans and developing a training program for the City of San Diego Planning Department. Ms. Harshman left the City to join the Southeastern Economic Development Corporation as a Senior Project Manager overseeing infrastructure and residential construction projects.

The State of California hired Carolyn as a consultant to adapt the 1985 Multi-Hazard Functional Plan to a large regional government. In 1986, the California State Fire Marshal selected Carolyn to design and deliver their "Managing Large Scale Disasters" course for command-level officers. That course began a continuing series of teaching and speaking opportunities in the field of emergency management. Carolyn has served as a contract instructor for the Federal Emergency Management Agency’s (FEMA) Emergency Management Institute and the California Specialized Training Institute in a variety of courses including: Master Trainer Program Courses, Professional Development Series Courses, Incident Command System, Hazard Analysis, Hazard Mitigation, Damage Assessment, Disaster Recovery, and Emergency Public Information.

In January 1996, Ms. Harshman concluded her career in local government and announced her full-time dedication to Emergency Planning Consultants. Her business focuses on the development of comprehensive emergency management programs for local governments. Services include emergency operations plans, hazard analysis, and hazard mitigation plans, as well as training and exercises.

Although Ms. Harshman provides all of the face-to-face consulting services including facilitations and public meetings, Emergency Planning Consultants has immediate access to numerous qualified subcontractors and technical specialists to assist with plan development, should the need arise.

Proposal

The Emergency Operations Plan will be prepared utilizing a Planning Team appointed by the City of Rancho Palos Verdes. EPC recommends drawing from the participants that were actively involved in preparation of the Hazard Mitigation Plan. The Plan will be developed in compliance with the requirements of California’s Standardized Emergency Management System (SEMS), while utilizing the Plan Template prepared by the Los Angeles Disaster Management Area Coordinators. Building on that Template, the following methodology will be utilized:

Cost

Emergency Planning Consultants will complete the above mentioned tasks for a total of $15,000. Arrangements for payment will be negotiated as a part of the contracting process. This proposal is in effect through June 30, 2005. A 20% discount has been incorporated into this proposal in light of the fact the City was a previous EPC client.

Should you have any questions concerning this proposal or other required tasks, please contact me at (858) 483-4626.

Respectfully,

Carolyn J. Harshman, President

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, CA 92117

(858) 483-4626, office

(858) 483-2862, fax

epc@pacbell.net

EXHIBIT "B"

SCOPE OF WORK & SCHEDULE OF PERFORMANCE

Task #1-1 Conduct Kick-Off Meeting.

Schedule First Month of Contract

Cost $2,000

Task #1-2 Update the Hazard Analysis.

Schedule Second Month of Contract

Cost 2,000

Task #1-3 Planning Team Meeting – Emergency Operations Center

Schedule Third Month of Contract

Cost $2,000

Task #1-4 Prepare Final Draft Emergency Operations Plan.

Schedule Fourth Month of Contract

Cost $2,000

Task #1-5 Tabletop Exercise

Schedule Fifth Month of Contract

Cost $3,000

Task #1-6 Participate in Public Meeting and Submit Final SEMS MultiHazard Functional Plan for Approval by California OES.

Schedule Sixth Month of Contract

Cost $2,000

Grand Total = $15,000

Optional – Additional Services at a Flat Fee

Task #2-1 Participate in additional Decision Maker Meeting.

Schedule Unknown

Cost $1,600 per Public Hearing

Task #2-2 Design and Facilitate Planning Team or Working Group all-day Meeting.

Schedule Unknown

Cost $3,200 per Meeting

Task #2-3 Design and Facilitate a Public Workshop.

Schedule Unknown

Cost $3,200 per Workshop

Task #2-4 Incorporate recommendations from additional Planning Team, Public Workshop, or Decision Maker Meeting into the Plans.

Schedule Unknown

Cost $1,600 per Meeting, Workshop, or Decision Maker Meeting

Additional Services Time and Materials

Task #3-1 Provide additional services on an as-needed basis.

Schedule Unknown

Cost $125 per hour Labor (one-way only for travel time); Hotel, Meals, and Mileage (one-way only) at 2005 GSA Per Diem Rates; other Materials (office supplies, etc.) as required.