Loading...
HomeMy WebLinkAbout2000-09-26; City Council; 15907; Contract With Emergency Planning ConsultantsL. ( . . . . e Y e 5 8 P- ? CITY OF CARLSBAD - AGENDA BILL AB# i&90? 7-z AWARD OF CONTRACT WITH MTG. g/26/00 EMERGENCY PLANNING CONSULTANTS DEPT. PW/GS ClTYMGR% 4 RECOMMENDED ACTION: Adopt Resolution No. sm*a@J authorizing the City Council to execute the agreement between the City and Emergency Planning Consultants. ITEM EXPLANATION: The City’s Emergency Management Program is a risk-based program that reflects the best practices for reducing the loss of life and property during a catastrophic disaster. The program also establishes guidelines and objectives to protect our community from all hazards. Revising the City’s Emergency Management Program is needed to better prepare the City for disasters and to place the City in a position to be considered as a “Project Impact Community”, per the guidelines of the Federal Emergency Management Agency (FEMA). Being acknowledged as a “Project Impact Community” will benefit the City of Carlsbad in three ways: 1. Eligibility for federal assistance to improve the emergency preparedness program. 2. Greater opportunity to receive federal hazard mitigation funds. ’ 3. Greater assurance of federal reimbursements for declared disasters. There are only six public entities in the entire State of California that are considered Project Impact Communities. They are: the City of Santa Barbara, the County of Santa Barbara, City of Berkley, City of Oakland, San Bernardino County and Napa County. The Carlsbad Emergency Management Administrative Team (CEMAT) is the group that is responsible for revising and implementing the Emergency Management Program. CEMAT believes it is in the City’s best interest to become a “Project Impact Community.” In the past, Emergency Planning Consultants has been retained by the City’s Fire Department to perform emergency preparedness type duties for the City. Due to their qualifications and knowledge of the City’s Emergency Management Program, the Purchasing Officer has waived the requirement for the solicitation of multiple proposals. This project will address the Council Strategic and Operational Goals as described below. Goal A: “Ensure the effective and efficient delivery of top-quality services to our Community.” Goal A2: “Provide timely responses that results in high customer satisfaction.” This project is also identified as a goal for CEMAT. This specific Goal is described as follows: “Update and/or revise the Emergency Management Program to reflect best practices that would withstand the impact of a catastrophic disaster.” \ I s * I /4 PAGE 2 OF AGENDA BILL NO. Is,46 7 FISCAL IMPACT: The term of the agreement is for one year and will cost $45,000. These funds were previously appropriated in the General Fund and sufficient funds are available for this project. EXHIBITS: 1. Resolution No. aomo b authorizing the City Council to execute the agreement between the City and Emergency Planning Consultants. 2. Professional Services Agreement. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2ooo-2g6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING OF CONTRACT WITH EMERGENCY PLANNING CONSULTANTS WHEREAS, the City of Carlsbad, California, has determined the need to update and revise its Emergency Management Program; and WHEREAS, Emergency Planning Consultants has the qualifications and knowledge to assist the City in updating and revising the Emergency Management Program; and WHEREAS, City staff has negotiated with the President of Emergency Planning Consultants a one year contract to assist staff in updating and revising the Emergency Management Program for $45,000; and WHEREAS, there are sufficient funds available in the Fiscal Year 2000-01 General Fund budget to cover the total cost of services. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the new Professional Services Agreement between the City of Carlsbad and Emergency Planning Consultants attached hereto as Exhibit 2 is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to sign the License Agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 26th dayof September , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin ATTEST: iANICE BREITENFELD, DEPUTY CITY CLERK 3 A AGREEMENT (Emergency Planning Consultants) THIS AGREEMENT is made and entered into as of the 6th day of October , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and EMERGENCY PLANNING CONSULTANTS, a sole proprietor, hereinafter referred to as “Contractor.” RECITALS City requires the services of an emergency planning Contractor to provide the necessary consultant services for updating and revising the City’s Emergency Management Program to reflect the best practices for withstanding the impact of a catastrophic disaster; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS See attached Scope of Work and Schedule of Performance for updating and revising the City’s Emergency Management Plan attached as Exhibit “A”. 2. CITY OBLIGATIONS The City shall provide appropriate direction and support, and serve as liaison to Contractor. -1 - 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within one year from that date. The Fire Marshal may grant extensions of time if requested by the Contractor and agreed to in writing. The Fire Marshal will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $45,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (1 the City. 0%) retention until the project has been accepted by Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for two additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. -2 - 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. SUBMISSIONS As part of the Contractor’s obligation under this Agreement, the Contractor shall deliver to the City the following documents: l An Emergency Operations Plan Hazard Analysis l An Administrative Policy l A revised Emergency Operations Plan l Training Needs Assessment l A Training Plan 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. -3 - . 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Fire Marshal. The Fire Marshal shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. -4 - This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment -5 - by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. ck (Initial) ba.4, (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. CCG (Initial) AJff 1 I (Initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the jurisdiction for resolution of any disputes between the parties agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR proper venue and arising out of this The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement -6 - contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All studies, documents, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, specifications, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. -7 - . 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 16. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless -8 - specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. -9 - 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply -10 - separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 4. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. -11 - 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Name Address Title Name Address Fire Marshal Mike Smith 1635 Faradav Avenue Carlsbad. California 92008 President Carolvn Harshman 3174 East Fox Run Wav San Diecro, California 92111 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. -12 - - Executed by Contractor this 3 ?* day of s k-WA& bx ,200Q -- CONTRACTOR: Emeraencv Plannina Consultants (name of Contractor) ATTEST: Janice Breitenfeld, Deputy City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALCjR. BALL, City Attorney -13 - EXHIBIT A SCOPE OF WORK & SCHEDULE OF PERFORMANCE Task #l Conduct Hated Analysis. J Conduct research and prepare documentation for Emergency Operations Plan (EOP) Hazard Analysis, consisting of three components: n Hazard Identiication - identifies the hazards. . Risk Assessment - the liielihood of their occurrence. = Impact AnaZysis - the potential impacts on people, property, the environment, and the jurisdiction’s functions and services. Schedule cost September 1,200O - February 29,200l $15,000 Task #2 Prepare Administrative Policy. J Assist CEMAT in the preparation of an Administrative Policy that outlines the laws and authorities for the Emergency Management Program. The Policy will also identify the role, purpose, and procedures of the Carlsbad Emergency Management Advisory Team (CEMAT). Schedule cost September 1,2000-October31,2000 $2,000 Task #3 II&&tie the EOPBasic Plan. 4 Revise EOP Basic Plan and Functional Annexes as to format, organization, and content to reflect standard&d emergency planning principles. Schedule cost October1,2000-March31,2001 $25,000 Task ##4 Conduct a Training Needs Assessment. J Design a Training Needs Assessment for use by CEMAT. Consultant will analyze results and present a Training Plan to CEMAT. Schedule cost November 1,200O - January 3 1,200 1 $3,000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTYOF s- o%!? 0 ) DATE before me, N ;/L< NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PuBLlc personally appeared, &2&n 2kLm ~u.e~#9@.44 personally known to me ( to be the perso* whose name@&-e subscribed to the within instrument and acknowledged to me that he&@ they executed the same in hismheir authorized capacity- and that by his&&heir signature* the instrument the persomthe entity upon behalf of which the persomacted, executed the instrument. WITNESS my hand and official seal. . v & (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT p/t kpddwJ sew~‘kJ q”fliYamd-- Y DATE OF DOCUMENT 9.-27- -0 NUMBER OF PAGES /3 SIGNER(S) OTHER THAN NAMED ABOVE &d+ bd c(’ 6 A c&&k Af+-w v