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HomeMy WebLinkAboutItem Cfi°f sEai ef9 AGENDA STAFF REPORT '�C4bFORNI�i DATE: March 12, 2018 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Joe Miller, Chief of Police SUBJECT: Approval of Contractor for Local Hazard Mitigation Plan SUMMARY OF REQUEST: That the City Council adopt a Resolution authorizing the City Manager to enter into a professional services agreement with PlaceWorks to coordinate, facilitate and prepare a Local Hazard Mitigation Plan. BACKGROUND AND ANALYSIS: A Hazard Mitigation Plan is used to identify risks and vulnerabilities associated with natural disasters, and to develop long-term strategies for protecting people and property from future hazards. Having a FEMA -approved Hazard Mitigation Plan is beneficial to the City of Seal Beach as it is a condition for receiving certain types of non -emergency disaster assistance, including funding for mitigation projects. On December 24, 2015 the City of Seal Beach was awarded the Pre -Disaster Mitigation Grant (PDM) by the Federal Emergency Management Agency (FEMA) in the amount of $72,930.00. This funding was awarded to the City of Seal Beach to hire a consultant to coordinate, facilitate and prepare a new Local Hazard Mitigation Plan pursuant to the Disaster Mitigation Act of 2000. A request for proposals (RFP) for professional services was issued to numerous consultants/contractors in May 2017. Each of the consultants has experience writing emergency management plans in communities across the nation. The RFP deadline was August 29, 2017 and seven proposals were received. A panel of four neighboring Emergency Managers, with extensive experience in the preparation of Local Hazard Mitigation Plans, the City's Emergency Operations Coordinator, and the Police Communications Director reviewed all the proposals. The six evaluators reviewed the seven vendor proposals independently and evaluated and scored them. The proposals were ranked based on project understanding, qualifications of the project team, project experience, project approach and content, and project cost. The evaluators Agenda Item C discussed the results during a face to face meeting and the panel unanimously recommended selecting PlaceWorks. PlaceWorks has extensive experience writing plans for cities throughout Orange County, specifically working with other beach communities with similar demographics and potential hazards to the COSB. PlaceWorks has a track record of receiving plan approval through California Office of Emergency of Services (Cal OES) and FEMA on their first attempt. PlaceWorks estimates the completion of the Local Hazard Mitigation Plan and final adoption by December 2018. The advantages of the PlaceWorks proposal include the value added service of assistance with update to the City of Seal Beach's General Plan Safety Element, which was adopted in 2003 has never been revised or updated. Since 2006, the California legislature has enacted several new requirements for safety elements, many that focus on integrating the safety element and LHMP. The update will focus on updated goals and policies addressing recent hazard events not captured in the current policy framework and technical revisions to ensure compliance with these regulations. The grant award from FEMA will cover 100% of the costs of the project. The PlaceWorks proposal includes extra funds of $4,000 as a contingency for items not included in the scope of work. After expending the funds for the PlaceWorks scope of work and the optional add-ons there will be $950 remaining in the grant which would be used for staff costs during development of the Local Hazard Mitigation Plan. By accepting the award pursuant to the attached Resolution (Attachment A) the COSB assumes certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports. In connection with the grant, CAL-OES also requires that the resolution designate those officials who are authorized to act as the COSB's agents to provide all required assurances and agreements in connection with the grant. These provisions have all been incorporated into the proposed Resolution. ENVIRONMENTAL IMPACT: This item has been reviewed under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (14 Cal. Code Reg. Section 15000 at seq.). This resolution is not a "project' as defined under Section 15378(b)(4) of the Guidelines because this resolution is the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and this item is therefore not subject to CEQA's requirements. Even if this resolution were deemed a "project' and therefore subject to CEQA, this item would be categorically exempt from environmental review under Section 15308 of the Guidelines, which exempts actions taken by regulatory agencies, as authorized by state or local ordinance, Page 2 to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. As outlined above, the LHMP would identify, reduce and/or eliminate risks to human life and property caused by natural or human -caused hazards, including environmental hazards, and help assess mitigation actions. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The Contract Professional EOC account (001-021-44000) will be used to hold funds in order to facilitate funding of the project. There is no budget amendment required as this is a fully funded initiative paid for by a FEMA grant. It is fully reimburseable and cost neutral. The only outlay will be in the form of "in-kind" labor costs in the amount of $24,310.00 as part of the grant award obligation. This "in-kind" matching can be in the form of employee salary time. RECOMMENDATION: That the City Council adopt a Resolution authorizing the City Manager to enter into a professional services agreement with PlaceWorks to coordinate, facilitate and prepare a Local Hazard Mitigation Plan. SUBMITTED BY: NOTED AND APPROVED: Jae AM" Joe Miller, Chief of Police Prepared by: Corporal Julia Clasby A 9.9m9nam. Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution B. Professional Services Agreement for LHMP C. PlaceWorks Project Budget Worksheet Page 3 Attachment "A" RESOLUTION A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A CONTRACT WITH PLACEWORKS FOR PREPARATION OF A LOCAL HAZARD MITIGATION PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City requires the services of a consultant to coordinate, facilitate and prepare a Local Hazard Mitigation Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The professional services agreement between PlaceWorks and the City of Seal Beach not to exceed the amount of $71,980 to coordinate, facilitate and prepare a Local Hazard Mitigation Plan is hereby approved in the form attached as Exhibit A. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City. PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on the 12th day of March , 2018 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTYOFORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the odginal copy of the Resolution on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of March , 2018. Robin L. Roberts, City Clerk Attachment "B" PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 PlaceWorks, Inc. 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 (714)966-9220 This Professional Service Agreement ("the Agreement') is made as of March 12, 2018 (the "Effective Date"), by and between PlaceWorks, Inc. ("Consultant"), a planning, design, and environmental firm, and the City of Seal Beach ("City'), a California charter city, (collectively, "the Parties"). 57296-0001 \2156371 v2 A O C RECITALS A. City desires certain professional services B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until June 30, 2019 unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $71,980. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2of10 57296-0001 X2156371 v2.dm 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Brian Judd, Principal, is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3of10 S7286000W156371 v2Am To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: PlaceWorks, Inc. 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Aaron Pfannenstiel 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4of10 B7296-000112156371d2.doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on fors satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on fors provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1)General Liability: Insurance Services Office Commercial General Liability coverage (occurrence for CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage for number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other for with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreementllocation or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on fors supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5of10 S7296-000112156371v2.dOC employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend 12.1 Indemnity for Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 12.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or 6of10 S7296 -000t2156371 J2.dm actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 12.2 Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 12.3 Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. 12.4 All duties of Consultant under this Section 12.0 shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, 7of10 57296-0001 X2156371 v2.dm upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person 8of10 57296-0001 X2156371 v2.doc having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant 'Financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the tens of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority 9of10 57298-000112158371v2.doc The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: Jill R. Ingram, City Manager Attest: 0 Its: By: By: Robin L. Roberts, City Clerk Approved as to Form: Its: Craig A. Steele, City Attorney 10 of 10 57296-000112156371 v2.doc Attachment "C" | | )�r § \)! § ! \\� � { \I ) | | § � || §; ■!- ;§■ r§§§ - ; MIS !.. ¥... 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