CC SR 20190305 K - Multi-jurisdictional HAZMIT Plan UpdateRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/05/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to contract with Emergency Planning Consultants to
update the City’s multi-jurisdictional hazard mitigation plan.
RECOMMENDED COUNCIL ACTION:
(1) Authorize City Manager to approve professional services agreement with
Emergency Planning Consultants.
FISCAL IMPACT: While this is a new expense, there are sufficient savings this fiscal
year in this account to fund the Hazard Mitigation Plan. Additionally, by joining with the
City of Rolling Hills Estates to create one plan, both cities receive a 25% discount,
bringing the price down from $25,000 to $18,750.
Amount Budgeted: $263,000
Additional Appropriation: $0
Account Number(s): 101-400-2999-5101
ORIGINATED BY: Jacqueline Ruiz, Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Emergency Planning Consultants Proposal (page A-1)
B. Contract Service Agreement (page B-1)
BACKGROUND AND DISCUSSION:
A Hazard Mitigation Plan (Plan) is required per the Disaster Mitigation Act of 2000 (DMA
2000). DMA 2000 requires state and local governments to prepare mitigation plans to
document their mitigation planning process including public involvement, identify
hazards, risk assessment, mitigation strategy, plan implementation, and maintenance
procedures. Additionally, DMA 2000 is intended to facilitate a cooperation between
state and local governments, prompting them to work together.
The cities of Rancho Palos Verdes and Rolling Hills Estates have an e xisting multi-
jurisdictional hazard mitigation plan, which is required to be updated per the Federal
Emergency Management Agency (FEMA) requirements every five years. The Plan was
last updated in 2014 and approved by FEMA on August 6, 2014.
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The existing Plan needs to be updated and approved by FEMA no later than August 6,
2019. City Staff has previously worked with Emergency Planning Consultants to update
the existing Plan. Staff recommends to contract Emergency Planning Consultants to
update the Plan.
At the time of this writing, City Staff from Rolling Hills Estates will present this item to
their Council on March 12, 2019 as they intend to participate in the update process.
Hazard Mitigation Legislation
In 1988, Congress established the Hazard Mitigation Grant Program (HMGP) via
Section 4404 of the Stafford Act. The HMGP helps states and local governments
implement long-term hazard mitigation measures for natural hazards by providing
federal funding following a federal disaster declaration. The California Governor’s
Office of Emergency Services (CalOES) administers the HMGP.
Existing Multi-Jurisdictional Hazard Mitigation Plan
In 2004, a Joint Natural Hazards Mitigation Plan (Plan) was adopted by the City of
Rolling Hills Estates on September 28, 2004, and by the City of Rancho Palos Verdes
on October 5, 2004.
In 2014, the Plan was updated and submitted to CalOES and FEMA for a joint review.
FEMA issued a conditional approval on June 13, 2013, pending adoption by both City
Councils. On August 6, 2014, FEMA issued a final approval of the 2014 Plan. The City
of Rancho Palos Verdes adopted the updated Plan on December 3, 2013, and the City
of Rolling Hills Estates adopted the updated Plan on January 14, 2014.
The updated Plan includes resources and information to assist both cities, residents,
public and private sector organizations, and others interested in participating in planning
for natural hazards. The Plan provides a list of activities that may assist both cities in
reducing risk and preventing loss from future natural hazard events.
Updating the Existing Plan per FEMA Requirements
Carolyn Harshman, of Emergency Planning Consultants (EPC), will lead the project and
will be the principal author of the Plan. EPC will update the existing Plan in compliance
with the requirements of DMA 2000, FEMA’s Local Multi-Hazard Mitigation Planning
Guidance, the Local Mitigation Plan Review Guide, and the Local Mitigation Planning
Handbook.
EPC will execute the following: conduct research, write several iterations of the Plan,
facilitate planning team meetings, conduct community outreach, negotiate through the
formal review process with Cal OES and FEMA, present the Plan to both City Councils,
submit the adoption documents to FEMA, and incorporate the adoption documents and
FEMA’s letter of approval into the final multi-jurisdictional hazard mitigation plan
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The planning team which will consist of City Staff from both Rancho Palos Verdes and
Rolling Hills Estates from various departments. Los Angeles County Fire Department
and Lomita Sheriff’s Station personnel will also be invited to participate.
Community Outreach
In order to comply with FEMA requirements, individuals and organizations outside of the
planning team will have access to the Plan during the plan writing process. Various
outreach platforms will be utilized to announce the availability of the draft Plan and
opportunity to provide input.
Cost
The cost to update the Plan is $18,750, which reflects a 25% discount for being a
previous client of EPC, and for having the Consultant prepare one joint plan between
the City and the City of Rolling Hills Estates.
ALTERNATIVES: (use when relevant)
In addition to the Staff recommendation(s), the following alternative action(s) is/are
available for the City Council’s consideration:
1. Take other action as deemed appropriate.
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February 21, 2019
Jacqueline Ruiz, MPA
Administrative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes CA 90275
The attached is an updated response to your request from the City of Rancho Palos Verdes to
update the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) for the Cities of Rancho Palos
Verdes and Rolling Hills Estates. Emergency Planning Consultants (EPC) has written more
than 110 FEMA-approved hazard mitigation plans, including the 2005 and 2014 MJHMP for the
Cities of Rancho Palos Verdes and Rolling Hills Estates.
The sole revision to the proposal is on page 13 reflecting the cost split between the two entities.
EPC maintains the outstanding qualifications required to update hazard information, facilitate a
robust planning process, actively encourage public involvement, negotiate with the State of
California and FEMA during the formal review process, guarantee FEMA’s approval, and garner
adoptions by both the Cities of Rancho Palos Verdes and Rolling Hills Estates.
This proposal is in effect for a period of one year from the date of submittal.
Respectfully,
Carolyn J. Harshman, CEM
President
Emergency Planning Consultants
3665 Ethan Allen Avenue
San Diego, CA 92117
(858) 483-4626, office
(858) 922-6964, cell
epc@pacbell.net
www.carolynharshman.com
Attachment: Harshman Resume
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Qualifications
Emergency Planning Consultants offers a full range of emergency management professional
services including plans, training, and exercises to various forms of government. A complete
listing of clients and services is included later in the Qualifications section.
Emergency Planning Consultants was established in 1997 through the City of San Diego and
filing for a “Doing Business As” through the County of San Diego. EPC’s only employee at this
time is owner and sole proprietor, Carolyn J. Harshman. As needed, EPC solicits bids from
independent contractors to provide services including hazard research, mapping, graphics, and
document design. The company’s only location is in San Diego, California. Ms. Harshman
maintains a Certified Emergency Manager certification that requires 5-year updates through the
International Association of Emergency Managers, a non-profit professional association.
The EPC Project Team has worked together on numerous hazard mitigations plans as well as
other emergency management-related plans, training, and exercises. Following are
introductions to the Team members.
Name: Carolyn J. Harshman, CEM
Education: Master of Public Administration
Professional Affiliations: International Association of Emergency
Managers, California Emergency Services Association
Professional Licenses and Certifications: Certified Emergency
Manager
Updating a Hazard Mitigation Plan requires subject matter
expertise in the areas of emergency response planning, hazard
mitigation planning, mapping, and land use planning. With
backgrounds in both land use planning and emergency management, Ms. Harshman is the right
fit for facilitating the planning project. Ms. Harshman will serve as the Project Manager to the
designee at both cities and maintains responsibility for all aspects of the contracted services.
Monthly status updates will be provided. Invoices will be submitted according to the terms of
the contract. As Principal Planner, Ms. Harshman will lead the project by facilitating and
participating at all Planning Team, community outreach, and public meetings. She will serve as
the principal author and maintain quality control over the document at all times. Ms. Harshman
will also manage relationships and contributions from EPC independent contractors, ensuring
quality control and continuous improvement by conducting weekly meetings with the EPC
Team.
Prior to working in the field of emergency management, Ms. Harshman enjoyed a combined 20-
year career as a city, regional, and redevelopment planner for the County of San Diego, City of
San Diego, and Southeastern Economic Development Corporation. In her role as a land use
planner Ms. Harshman prepared General Plan Amendments, Community Plans, Zoning
Ordinance revisions, and conducted hundreds of community meetings. As a local government
staff member for so many years, Carolyn is very familiar with the organization, roles, and
responsibilities of government. Ms. Harshman began work in the field of emergency
management in 1984 when she was hired as a hazard planner for the County of San Diego’s
Office of Emergency Services. There she updated the County’s Emergency Operations Plan
and also served as the Hazards Officer. Responding to requests from other jurisdictions to
provide consulting services, Carolyn began part-time work as a consultant in 1986 writing Multi-
Hazard Functional Plans and providing mandated trainings. In 1996, she ended her career with
local government and established Emergency Planning Consultants.
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Ms. Harshman has been a member of FEMA’s Emergency Management Institute’s Planning
Advisory Board since 2005, involved in each update to the Emergency Planning Course (G235).
Also, she taught FEMA’s pilot deliveries for the Comprehensive Preparedness Guide (CPG) 101
course. The revised CPG 101 regulations provide guidance on styles and content for
emergency operations plans, placing emphasis on engaging the “whole community” – including
those with access and functional needs, children, and those with household pets and service
animals. Carolyn has completed and teaches FEMA Master Trainer Program courses as well
as a variety of other courses at the Emergency Management Institute, California Specialized
Training Institute, and as an adjunct instructor at a variety of educational facilities. Ms.
Harshman holds a Master of Public Administration (MPA) degree from San Diego State
University and is a Certified Emergency Manager (CEM), as conferred by the International
Association of Emergency Managers.
Actively engaged in professional development, Carolyn was in FEMA Emergency Management
Institute’s first cadre of the National Emergency Management Executive Academy. Ms.
Harshman is an active leader in the International Association of Emergency Managers, serving
as Chair of the Conference Committee from 2006-2011, Chair of the Leadership Symposium
from 2011-2013, Chair of the Membership & Marketing Committee from 2014-2016, and
presently as President of IAEM- USA Region 9 (California, Arizona, Nevada, Hawaii, and Pacific
Territories).
Name: Alex Fritzler
Education: Bachelor of Arts – Business Administration
Professional Affiliations: California Emergency Services Association
Alex Fritzler is an Independent Contractor serving as EPC’s Lead Research
and Mapping Analyst. He is responsible for all research, writing, technical,
and mapping services support to the EPC Team. Alex provides hazard and
data research, data analysis, word processing, graphics production, and
other document preparation services. Alex has assisted with the preparation
of more than thirty local government hazard mitigation plans since joining
EPC in 2010.
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Emergency Planning Consultants Client List
Scope of Work
Federal Government
Federal Emergency Management Agency
(FEMA)
Course design and deliveries for FEMA’s Emergency
Management Institute
National Disaster Preparedness Training
Center (NDPTC-University of Hawaii)
Course design and deliveries of Advanced Disaster Recovery
Course, Leveraging Tools for Conducting Damage Assessments,
Coastal Community Resilience, Community Planning for Disaster
Recovery
State Governments
California Office of Emergency Services: Multi-Hazard Functional Plan
Template, California Specialized Training Institute: Course
deliveries
Indiana Comprehensive Emergency Management Plan (CEMP)
Template, Facilitated completion of CEMP for 15 Indiana
Counties
Missouri HSEEP agro-terrorism functional exercise, HSEEP regional WMD
exercises
New Hampshire State Operations Plan, EOC Standard Operating Procedures
Hawaii Department of Education: Grant writing - Readiness and
Emergency Management for Schools Grant (2008), State Civil
Defense: Course and exercise deliveries
City and County Governments
City of Anaheim Update Hazard Mitigation Plan
City of Bellflower Hazard Mitigation, Grant Writing, Update Hazard Mitigation,
Update General Plan Safety Element and Technical Background
Report, Update Emergency Operations Plan
City of Bradbury Hazard Mitigation Plan
City of Buena Park Hazard Mitigation Plan, Update Emergency Operations Plan
City of Carlsbad Emergency Operations Plan, EOC Trainings and Exercises, Full-
Scale Active Shooter Exercise (multi-jurisdictional law
enforcement event)
City of Carson Hazard Mitigation Plan
City of Cerritos Hazard Mitigation Plan
City of Chula Vista Pre-Disaster Recovery Plan
City of Claremont Hazard Mitigation Plan, Update Hazard Mitigation Plan,
Continuity of Operations Plan
City of Compton Hazard Mitigation Plan, Update Hazard Mitigation Plan
City of Covina Hazard Mitigation Plan, Emergency Operations Plan
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City of Duarte Update Hazard Mitigation Plan
City of El Monte Hazard Mitigation Plan, Update Hazard Mitigation Plan
City of El Segundo Hazard Mitigation Plan
City of Glendora Hazard Mitigation Plan, SEMS EOC Course
City of Hawaiian Gardens Hazard Mitigation Plan, Update Hazard Mitigation Plan
City of Hermosa Beach Hazard Mitigation Plan, Emergency Operations Plan, EOC
Trainings and Exercises, Update Emergency Operations Plan
City of Hesperia EOC Trainings and Functional Exercise
City of Huntington Park Hazard Mitigation Plan
City of Indio Incident Command System 300 and 400 Training Courses, EOC
Section-Specific Training
City of Irwindale Update Hazard Mitigation Plan
City of La Habra Heights Hazard Mitigation Plan
City of La Mirada Hazard Mitigation Plan
City of La Puente Update Hazard Mitigation Plan, Update Emergency Operations
Plan
City of Lakewood Update Emergency Operations Plan
City of Lomita Update Hazard Mitigation Plan, Update Emergency Operations
Plan
City of Long Beach Hazard Mitigation Plan, Update Hazard Mitigation Plan, Update
Emergency Operations Plan, Continuity of Operations Plan
City of Lynwood Hazard Mitigation Plan
City of Manhattan Beach Hazard Mitigation Plan, Emergency Operations Plan, EOC
Training and Exercises
City of Palos Verdes Estates Emergency Operations Plan, Continuity of Operations Plan,
Training and Exercises
City of Rancho Cucamonga Emergency Operations Plan, Continuity of Operations Plan,
Continuity of Government Plan, EOC Training and Exercises
City of Rancho Palos Verdes
Multi-Jurisdictional Hazard Mitigation Plan, Emergency
Operations Plan, EOC Trainings and Exercises, Update Multi-
Jurisdictional Hazard Mitigation Plan, Continuity of Operations
Plan
City of Rolling Hills Hazard Mitigation Plan, Update Hazard Mitigation Plan
City of Rolling Hills Estates Multi-Jurisdictional Hazard Mitigation Plan, Update Multi-
Jurisdictional Hazard Mitigation Plan
City of Rosemead Update Hazard Mitigation Plan
City of Santa Ana Update Emergency Operations Plan
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City of Santa Fe Springs Hazard Mitigation Plan
City of Signal Hill Hazard Mitigation Plan, Update Hazard Mitigation Plan,
Continuity of Operations Plan
City of South El Monte Hazard Mitigation Plan
City of South Gate Hazard Mitigation Plan
City of Twentynine Palms Update Hazard Mitigation Plan
City of Upland Emergency Operations Plan, EOC Training and Exercises, EOC
Design
City of Vernon Hazard Mitigation Plan
City of Walnut and Mount San Antonio
Community College District
Hazard Mitigation Plan
City of Whittier Hazard Mitigation Plan, Update Hazard Mitigation Plan, Update
Hazard Mitigation Plan
County of San Bernardino Exercise Evaluator, EOC Course deliveries, SEMS Introduction
Online Course
County of San Diego Multi-Hazard Functional Plan, Emergency Management
Contracted Services
County of Los Angeles Update Hazard Mitigation Plan, Emergency Management
Contracted Services
Town of Yucca Valley Hazard Mitigation Plan, Update Hazard Mitigation Plan
Educational Institutions
Chula Vista Elementary School District Hazard Mitigation Plan, District Emergency Operations Plan, Site
Emergency Plans, Needs & Capabilities Assessment, District
Hazard Analysis, Risk/Vulnerability Assessments, Site Exercises
Covina-Valley Unified School District Hazard Mitigation Plan, District Hazard Analysis, Needs &
Capability Assessment
East Whittier City Elementary School
District
Hazard Mitigation Plan
El Camino Community College District Comprehensive Emergency Management Program - Hazard
Mitigation Plan, District Emergency Operations Plan, Site
Emergency Plans, Needs & Capabilities Assessment, District
Hazard Analysis, Risk/Vulnerability Assessments, Site Trainings
and Exercises
El Segundo Unified School District Hazard Mitigation Plan
Granite School District (Salt Lake City,
Utah)
Hazard Mitigation Plan
Little Lake City Elementary School District Hazard Mitigation Plan
Los Angeles Unified School District Update Hazard Mitigation Plan
Los Nietos Elementary School District Hazard Mitigation Plan
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Morongo Unified School District Comprehensive Emergency Management Program – District
Emergency Operations Plan, Site Emergency Plans, Site
Assessments, EOC and Site Training and Exercises
Palomar Community College District Comprehensive Emergency Management Program - District
Emergency Operations Plan, Site Emergency Plans, EOC and
Site Training and Exercises
Palos Verdes Peninsula Unified School
District
Hazard Mitigation Plan, Update Hazard Mitigation Plan
San Diego Community College District Comprehensive Emergency Management Program - Hazard
Mitigation Plan, District Emergency Operations Plan, Site
Emergency Plans, EOC and Site Trainings and Exercises,
Risk/Vulnerability Assessments
San Diego Unified School District Comprehensive Emergency Management Program - Hazard
Mitigation Plan, District Emergency Operations Plan, Site
Emergency Plans, Needs & Capabilities Assessment, District
Hazard Analysis, Risk/Vulnerability Assessments, 200 Site
Functional Exercises, EOC Functional Exercises, Full-Scale
Active Shooter Exercise, EOC Section-Specific Training and
Tabletop Exercise, Update Hazard Mitigation Plan
Santa Clara County Office of Education Comprehensive Emergency Management Program - District
Emergency Operations Plan, Site Emergency Plans, District
Hazard Analysis, Site Safety Assessments, EOC Trainings, Site
Command Team Trainings, EOC Tabletop Exercises
South Whittier School District Hazard Mitigation Plan
Southwestern Community College District District Emergency Operations Plan, Site Emergency Plans,
District Hazard Analysis, EOC Trainings, Site Command Team
Trainings, EOC Tabletop Exercises, Grant Writing, Hazard
Mitigation Plan
Whittier City School District Hazard Mitigation Plan
Whittier Union High School District Hazard Mitigation Plan, Update Hazard Mitigation Plan
San Bernardino Community College District Update Hazard Mitigation Plan
Utility and Transit Providers
Antelope Valley Transit Authority Hazard Mitigation Plan, EOC/Field Functional Exercise, Security
and Emergency Preparedness Plan, EOC/Field Functional
Exercise, ICS and EOC Training
Cucamonga Valley Water District Hazard Mitigation Plan
Jurupa Community Services District Hazard Mitigation Plan
Omnitrans Hazard Mitigation Plan, Update System Security Emergency
Response Preparedness Plan, Update Emergency Procedures,
Deliver ICS Trainings, Exercises, Update Hazard Mitigation Plan
Background and Methodology
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The update will incorporate all of the federal requirements relating to local hazard mitigation
plans. EPC’s hazard mitigation planning approach has been perfected since 2005 when the
federal government first required plans for local jurisdictions. Since that time great effort and
time has gone into tracking the changes of “interpretations” by the regulatory agencies of the
DMA 2000 legislation. Without publishing updates to the originating legislation, FEMA instead
has published guidelines (see below) and has amended the FEMA Review Tool used to judge
the adequacy of plans. Understanding all the changes in interpretation is critical to writing a
plan that can go through the state and FEMA reviewers with only minor revisions. State and
FEMA have both made significant staffing changes over the past year resulting in more
consistent reviews and fewer unjustified requested changes. Recently, FEMA review staff have
worked closely with state review staff to better understand the requirements in order to
streamline the review process. With so many FEMA approved plans, obviously EPC clearly
understands both the regulations and “interpretations” so goes into the review process as
aligned as possible. All said, the key to a successful review is to be absolutely certain that
every required component is clearly marked in the plan and on the FEMA Review Tool.
Nothing can replace EPC’s years of experience and track record at preparing FEMA-approved
Hazard Mitigation Plans. This experience also prepares us for any challenges with other
aspects of the planning process – Planning Team Meetings, Community Outreach, guiding the
Draft Plan through the external review process by Cal OES and FEMA, and participating in
adoption meetings. EPC prides itself in working closely with the jurisdiction’s Point of Contact to
bend and adjust to the content, format, and scheduling needs.
Hazard Mitigation Planning Approach
The update to the existing Multi-Jurisdictional All-Hazard Mitigation
Plan will be completed in compliance with the requirements of the
federal government Disaster Mitigation Act of 2000 (DMA 2000),
FEMA’s Local Multi-Hazard Mitigation Planning Guidance published
July 2008, the Local Mitigation Plan Review Guide published in
October 2011, and the Local Mitigation Planning Handbook published
March 2013. Building on those materials and other FEMA mitigation
“how-to guides”, the following methodology will be utilized:
Planning Tools have been developed by EPC that will
significantly decrease the amount of jurisdictional staff time required
for completion of the update to the MJMP. EPC developed the tools
during development of the 2014 update to the County of Los Angeles
All-Hazards Mitigation Plan.
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Risk Assessment includes preparing the Hazard Identification,
Risk Assessment, and Vulnerability Analysis portion of the Hazard
Mitigation Plan. EPC will build the Risk Assessment update off of the
existing MJHMP and other FEMA-approved nearby hazard mitigation
plans including the County of Los Angeles All-Hazards Mitigation
Plan, City of Rolling Hills Hazard Mitigation Plan, and City of Lomita
Hazard Mitigation Plan – each one prepared by EPC. Additionally,
the Emergency Operations Plan and General Plan for each of the
MJHMP cities will be reviewed for threat summary and other risk-
related information. EPC will utilize a broad range of resources for
information regarding historical disasters in the process of preparing
the update to the MJMP. Although DMA 2000 specifically identifies
the need to identify “natural hazards”, EPC will update each of the
hazards identified in the existing MJMP including earthquake, wildfire, earth movement,
tsunami, and technological/human-caused events.
Mapping resources within the jurisdiction will be utilized by EPC for production of maps that
assist the reader in understanding the location and vulnerability to hazards. EPC will
produce any other necessary to properly explain the location of hazards as they relate to
critical and essential facilities. EPC will work directly with the Cities on utilizing existing
mapping resources within the jurisdictions. In addition to traditional hazard mapping, also
see discussion on HAZUS below.
HAZUS (Hazards United States) will be integrated into hazard analysis process. HAZUS is
software produced by FEMA designed to estimate loss projections for earthquakes,
hurricanes, flooding, and tsunami. EPC will provide three HAZUS Level 2 maps and reports.
See sample HAZUS map below that was developed by the EPC Team for the City of
Montebello’s Hazard Mitigation Plan:
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Planning Team will consist of representatives from both Cities including members from
departments with mitigation action items identified in the existing MJMP. Generally, this will
include Engineering, Public Works, Building Inspection, Planning, Emergency Management,
Economic Development, Law Enforcement and Fire. Agendas, handouts, and PowerPoints
will be provided at each of the Planning Team meetings. EPC President Carolyn Harshman
will facilitate each of the Planning Team meetings.
Planning Team Meeting #1 (2 hours)
o The purpose of the Kick-Off Meeting is to review project expectations and
timeline, gather pertinent documents, confirm roles and membership of Planning
Team, review the concepts and standards contained in the DMA 2000
regulations and FEMA Review Tool, discuss availability of mapping resources,
and discuss opportunities for public outreach and involvement. The meeting will
also include an initial review of the hazards and impacts as researched by EPC.
Planning Team Meeting #2 (2 hours)
o The purpose of the second meeting is to review the results of HAZUS, update
plan goals, and update the Mitigation Strategy. This will involve capturing the
status of mitigation action items in the existing MJMP. EPC will work in advance
of the meeting to review the Annual Budget and Capital Improvement Program
for both Cities in order to capture any already identified mitigation-related
projects. Additionally, during the meeting EPC will distribute a planning tool that
contains a comprehensive list of mitigation actions from a wide variety of
jurisdictional plans. The use of this comprehensive list will assist and expedite
the Planning Team’s process of identifying existing and future mitigation actions.
o In order to maintain compliance with FEMA, each of the mitigation action items
needs to include a description of the action item, identification of coordinating
department, timeline, priority, cost, benefit, goals accomplished, impacts to new
and existing structures, and planning tools for implementation. The resulting
Mitigation Actions Matrix is the very core of the mitigation planning process and
will include action planning tools to be used by the Planning Team during the
implementation process.
Planning Team Meeting #3 (2 hours)
o Complete update to existing mitigation action items and develop new mitigation
action items.
Planning Team Meeting #4 (2 hours)
o Review of the First Draft Plan will be preceded by advance distribution of the
document to the Planning Team via both City’s Points of Contact. The meeting
will provide an opportunity for the Planning Team to share comments and
corrections to the document. Also, this meeting will include a discussion on
preparations and logistics for soliciting public input including distribution of the
Second Draft Plan for external agencies and organizations. A Third Draft Plan
will be prepared to incorporate any input gathered during this part of the plan
writing process.
Community Outreach will be discussed at the first Planning Team Meeting. In order to
comply with FEMA requirements, it is critical that individuals and organizations outside of the
Planning Team have access to the Plan during the “plan writing process”. Input gathered
from the Planning Team on the First Draft Plan will be incorporated into a Second Draft Plan
that will be posted on the City’s website. Numerous methods including social media will be
utilized to announce the availability of the Second Draft Plan and the opportunity to provide
input.
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In addition to encouraging participation in contributing to the Second Draft Plan, EPC will
provide the following community outreach tools:
o SurveyMonkey (or a similar web-based tool) will be used to examine the levels of
concern of the project area’s residents and businesses to the identified hazards.
o Distribution of EPC-produced handouts sharing mitigation techniques available to
residents and businesses. See sample handout below.
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o Links to hazard information allowing home and business owners to identify specific
hazards impacting their own properties (State of California’s MyHazards).
Finalization will include preparing a Third Draft incorporating input from the Second Draft
Plan and sending the Points of Contact one electronic copy along with a cover letter and
completed FEMA Review Tool for submission to Cal OES. Following any DMA 2000-
justified revisions by EPC, Cal OES will forward the Plan to FEMA for review and issuance
of an Approval Pending Adoption. As with the review by Cal OES, EPC will complete any
DMA 2000-justified revisions while being sure to protect the Cities from unfair and unjustified
revisions. EPC guarantees the MJMP will receive an Approval Pending Adoption. Upon
receipt of the Approval Pending Adoption letter from FEMA, the Final Draft Plan will be
scheduled for presentation to the City of Rancho Palos Verdes and the City of Rolling Hills
Estates in separate presentations to their respective City Councils with a request to adopt
the MJHMP. EPC will prepare a staff report and other supporting documentation for use at
both of the adoption meetings. EPC President Carolyn Harshman will be prepared to
present the MJMP at both meetings. Following the meetings, proof of adoptions will be
forwarded to FEMA. FEMA will then send an email and letter of Final Approval which will be
incorporated into the Final Plan. EPC will continue to lead the planning process until the
Final Approval is received from FEMA, proof of adoption by the decision maker bodies is
submitted to FEMA, and said documents are incorporated into the Final Plan.
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Schedule
Cost
The cost for conducting research, writing several iterations of the MJHMP, facilitating the
Planning Team meetings, conducting community outreach, negotiating through the formal
review process with Cal OES and FEMA, presenting the MHMP document to two decision
making bodies, submitting the adoption documents to FEMA, and incorporating the adoption
documents and FEMA’s Letter of Approval into the Final MJHMP will be $37,500. The pricing
reflects a 25% discount to both jurisdictions for being previous clients of EPC. The cost split
between jurisdictions is $18,750/$18,750.
Tasks Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Research and Plan Writing
Research for Risk Assessment X
Prepare First Draft Plan X
Prepare Second Draft Plan X
Prepare Third Draft Plan X
Prepare Final Draft Plan X
Prepare Final Plan X
Planning Team Meetings
Planning Team Meeting #1 - HMP
Overview, Initial Hazard Briefing,
Community Outreach
X
Planning Team Meeting #2 HAZUS and
Update Existing Mitigation Action Items X
Planning Team Meeting #3 Develop New
Mitigation Action Items X
Planning Team Meeting #4 Input to First
Draft Plan X
Community Outreach
Provide Opportunities for External
Agencies and General Public to Provide
Input to the Second Draft Plan
X
Formal Review, Adoption, and Approval
of Plan
Submit Third Draft Plan to Cal OES X
Work with Cal OES and FEMA on DMA
2000-Mandated Revisions to the Plan X X X X X
Receive FEMA Approval Pending Adoption X
Decision Maker Meetings to Adopt the
Final Draft Plan X
Submit Proof of Adoptions to FEMA X
Receive FEMA Letter of Approval X
Incorporate FEMA Letter of Approval and
Adoption Documentation into Final Plan X
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Attachment: Harshman Resume
Carolyn J. Harshman, MPA, CEM
3665 Ethan Allen Avenue
San Diego, CA 92117
Telephone: (858) 483-4626
Fax: (858) 483-2862
E-Mail: epc@pacbell.net
Web: www.carolynharshman.com
CAROLYN J. HARSHMAN, MPA, CEM
EDUCATION
MASTER OF PUBLIC ADMINISTRATION, SAN DIEGO STATE UNIVERSITY, 1977
BACHELOR OF ARTS, PSYCHOLOGY, SAN DIEGO STATE UNIVERSITY, 1974
CERTIFICATION
Certified Emergency Manager (CEM), International Association of Emergency Managers
EXPERIENCE
President (1984 to Present), Emergency Planning Consultants, San Diego, California.
Consulting contracts include the Federal Emergency Management Agency (subject
matter expert/trainer), U.S. Department of Homeland Security – FEMA (training
development and delivery); U.S. Department of Defense - Center for Excellence in
Disaster Management & Humanitarian Assistance (training); National Disaster
Preparedness Training Center (recovery course developer and faculty); State of Hawaii
(training and exercises); State of California (Multi-Hazard Functional Plan template);
State of New Hampshire (emergency operations plan/standard operating procedures
and guidelines); State of Indiana (grant administration, local CEMP courses, project
management tools, and development of county CEMP & hazard analysis documents);
State of Missouri (HSEEP agroterrorism functional exercise, HSEEP regional WMD
exercises); State of Wyoming (training and exercises); State of Nebraska (training and
exercises); County of Los Angeles (all-hazard mitigation plan); County of San Diego
(multi-hazard functional plan); County of San Bernardino (training and exercises); City
of Long Beach (hazard mitigation plan, emergency operations plan); City of Anaheim
(hazard mitigation plan); City of Oakland (catastrophic plans); City of Carlsbad
(comprehensive program of plans, training, and exercises); City of Chula Vista (pre-
disaster recovery & reconstruction plan); City of Bellflower (hazard mitigation plan,
emergency operations plans, general plan safety element); City of Upland
(comprehensive program of plans, training, and exercises); City of Rancho Cucamonga
(comprehensive program of plans, training, and exercises); City of Rancho Palos Verdes
(comprehensive program of plans, training, and exercises); City of Santa Ana
(emergency operations plan); City of Buena Park (hazard mitigation plan, emergency
operations plans); Los Angeles Unified School District (hazard mitigation plan); San
Diego Unified School District (comprehensive program of plans, training, exercises, and
REMS grant administration); San Diego Community College District (comprehensive
program of plans, training, and exercises); Chula Vista Elementary School District
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(comprehensive program of plans, training, and exercises); Hawaii Department of
Education (REMS grant writing, consulting); Santa Clara Office of Education
(comprehensive program of plans, training, and exercises); Southwestern Community
College District (comprehensive program of plans, training, and exercises) and
numerous other local governments, school districts, and other government
organizations. Training services have included California SEMS Introduction and EOC
courses; ICS 100, 200, 300, 400, 402, 800; NIMS 700; and a wide variety of FEMA courses.
Exercise services have included full-scale/field exercises (8), functional exercises (250),
and tabletops (1,500).
Faculty (1984 to Present), National University, FEMA’s Emergency Management
Institute, University of Hawaii, San Diego State University, Cal Poly San Luis Obispo,
California State Fire Marshal, California Specialized Training Institute.
Senior Projects Manager (1995 to 1996), Southeastern Economic Development
Corporation, San Diego, California. Management of Projects & Development Division
for City of San Diego’s Redevelopment Agency.
Director of Training & Development (1987 to 1995), City of San Diego, San Diego,
California. Management of organizational effectiveness and training programs for City
Planning Department and the Building Inspection Department.
City Planner (1985 to 1987), City of San Diego Planning Department, San Diego,
California.
Operations Officer (1982 to 1985), County of San Diego Office of Disaster
Preparedness, San Diego, California. Project Manager on County’s Emergency
Operations Plan, Hazard Analysis, Dam Evacuation Plans, Drought Plan, and Damage
Assessment Process. Public Information Officer and Exercise Officer. Operational
responsibilities included Emergency Operations Center activations.
Regional Land Use Planner (1977 to 1982), County of San Diego Department of
Planning and Land Use, San Diego, California.
SPECIAL RECOGNITION
National StormReady Board, U.S. National Weather Service, Member, 2008-present
FEMA Emergency Management Institute
Advisory Group on Emergency Planning, 2005-present
National Emergency Management Executive Academy, First Cadre, 2012-2013
International Association of Emergency Managers (IAEM), Member, 1996-present
IAEM USA Region 9 President 2016, 2017, 2018
Membership & Marketing Chair 2014, 2015
Leadership Symposium Chair 2012, 2013
Conference Committee Chair 2006, 2007, 2008, 2009, 2010, 2011
California State Representative 2004, 2005, 2006, 2007, 2008, 2009
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Speaker, 1998 Annual Conference
Topic: Standardized Emergency Management System 101
Topic: Grassroots Recovery – The Recovery Task Force
Speaker, 1997 Annual Conference
Topic: Creative Financing Techniques for Hazard Mitigation
Speaker, 2012 Annual Conference
Topic: Recovery & Reconstruction Planning – Avoiding the Rush to Normalcy
Speaker, 2016 Annual Conference
Topic: Demystifying Pre-Disaster Recovery Planning
Speaker, 2017 Annual Conference
Topic: Force Multiplier – Enlisting Property Owners in Hazard Mitigation
Speaker, 2018 Annual Conference
Topic: Will You Win or Lose at the Game of Debris Management?
California Emergency Services Association (CESA), Member, 2000-present
Webinar Speaker, March 2015
Topic: Optimizing Opportunities for Mitigation
Speaker, October 2015
Topic: Demystifying Pre-Disaster Recovery Planning
Speaker, 2018 Annual Conference
Topic: Will You Win or Lose at the Game of Debris Management?
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CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
UPDATE TO THE MULTI-JURISDICTIONAL HAZARD MITIGATION
PLAN
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into this ____ day of _______, 2019, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and EMERGENCY PLANNING
CONSULTANTS (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and
comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq.,
and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the
provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
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contract amount of Eighteen Thousand Seven Hundred Fifty Dollars ($18,750) (“Contract
Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
detail charges for all necessary and actual expenses by the following categories: labor (by sub -
category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor
charges shall also be detailed by such categories. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto
as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
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3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding two (2) years from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The parties may, by mutual consent, extend the Term
for one additional year.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Carolyn Harshman is hereby designated as
being the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Jacqueline Ruiz is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services
specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
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(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self -insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amo unts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its ow n right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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Parties”) against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or
indemnitors’ negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
5.4 RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.5 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
5.6 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
5.7 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered “voluntary” provided Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
5.8 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“works made for hire” for the City.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
6.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
6.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the
other party.
6.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days’ written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
6.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry, or other protected class
7.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
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7.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent j urisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
7.7 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reaso nable attorney’s fees,
whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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7.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
7.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executin g
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures On The Following Page]
B-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
City Attorney
CONSULTANT:
EMERGENCY PLANNING
CONSULTANTS
By:
Name: Carolyn Harshman
Title:
By:
Name:
Title:
Address:3665 Ethan Allen Avenue
San Diego, CA 92117
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the perso n(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-14
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services: Serve as project manager to execute
the update of City of Rancho Palos Verdes and City of Rolling Hills Estates Multi-
Jurisdictional Hazard Mitigation Plan (the “Plan”). The Plan is available online at the
City website. (The City of Rolling Hills Estates will execute its own agreement with the
Consultant). The purpose of the Plan is to review the characteristics and consequences of
hazards that may pose a threat to the City of Rancho Palos Verdes, capture the status of
existing mitigation action items, and develop new mitigation action items.
A. Conduct research to identify potential hazards and impacts for the purpose of
developing a risk assessment and to produce maps to display the location of
potential hazards, which will be utilized for plan writing purposes.
B. Facilitate four 2-hour planning team meetings. The planning team will consist of
City Staff from the City of Rancho Palos Verdes and Rolling Hills Estates from
the following departments: Administration, Community Development, Public
Works, and Information Technology/ Geographic Information System (GIS). The
Area G Disaster Management Area Coordinator, Jeffrey Robinson, and a staff
person from the Los Angeles Fire Department will also participate.
C. Negotiate through the formal process with California Office of Emergency
Services and Federal Emergency Management Agency (collectively, the
“Agencies”), including the possible rounds of revisions the Agencies may request.
D. Present the updated Plan to the City Council for adoption. Consultant will prepare
a staff report and other supporting documentation for submission to the Council.
E. Submit proof of Plan adoption by the City Council to the Federal Emergency
Management Agency for its final approval.
F. Incorporate the adoption documents and the Federal Emergency Management
Agency’s letter of approval into the final updated Plan.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. A total of 4 drafts and 1 final of Multi-Jurisdictional Hazard Mitigation Plan.
B. Presentation to the City Council that is separate from any presentation provided to
the Rolling Hills Estates City Council.
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III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Each of the Planning Team meetings will include a status update.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Carolyn J. Harshman
B. Alex Fritzler
C. Zoe Schumacher
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services for the City at the following rates:
RATE TIME SUB-BUDGET
A. Task A-
Research and
HAZUS
$100/hr 32.5 hours $3,250
B. Task B –
Planning Team
Meetings and
Prepare Draft
Plans
$200/hr 60 hours $12,000
C. Task C –
Facilitate
Regulatory
Review by Cal
OES and FEMA
$200/hr 12.5 hours $2,500
D. Task D –
Present Plan to
City Council for
adoption and to
Agencies for
approval
$200/hr 4 hours $800
E. Task E –
Finalize Plan
$200/hr 1 hours $200
TOTAL $18,750
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
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Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate, as well as the percentage of task completion.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Task A –
Planning Team
Meetings
Total of 4 meetings spread
over a period of 4 months.
4 months after first
Planning Team meeting
B. Task B – Draft
Plans
Work on First Draft Plan
begins with Hazard
Research and HAZUS
followed by preparation of
Mitigation Action Items.
First Draft presented in
advance of Planning Team
4th meeting in the 4th month
of the project.
The 2nd and 3rd Drafts will
reflect the input of the
Planning Team and
comments gathered through
community outreach.
10 months after the first
Planning Team meeting
(time line may change
depending on Agency
response time)
C. Task C –
Facilitate
Regulatory
Review by Cal
OES and FEMA
D. Task D –
Present Plan to
City Council for
adoption and to
Agencies for
approval
E. Task E – Final
Plan
Less than 1 day Approximately 6 months
after submission to Cal
OES (time line may
change depending on
Agency response time)
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. 4 Draft Plans and 1 Final Plan – 12 months (depending on length of review by
regulatory agencies)
B. 1 City Council presentations – 12th month of project (depending on length of
review by regulatory agencies)
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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