HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10SCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 6, 2023
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2023-
4206. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
S. Consider Award of Agreement to Focus Point Emergency Management Consulting
Services, LLC, (FPEM) for Development of a Regional Evacuation Plan; and
Consider Resolution Amending the Fiscal Year 2023/24 Budget to Appropriate
$2,790.33 from the General Fund to Emergency Management Operations for
FPEM to Develop a Regional Evacuation Plan. Staff Recommendation: 1) Award
Agreement to FPEM for the development of a regional evacuation plan in an
amount not-to-exceed $80,000; and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager; and 2) Adopt
Resolution No. 2023-4206, amending the Fiscal Year 2023/24 Budget by total
appropriation of $2,790.33 including expenditure appropriation of $22,287 and
revenue appropriation of $19,496.67 from the General Fund to emergency
management operations for FPEM to develop a regional evacuation plan. (Staff:
Roger Pichardo, Program Manager) (ROLL CALL VOTE REQUIRED)
Item: 10.S.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Roger Pichardo, Program Manager
DATE: 09/06/2023 Regular Meeting
SUBJECT:Consider Award of Agreement to Focus Point Emergency
Management Consulting Services, LLC, (FPEM) for Development of a
Regional Evacuation Plan; and Consider Resolution Amending the
Fiscal Year 2023/24 Budget to Appropriate $2,790.33 from the General
Fund to Emergency Management Operations for FPEM to Develop a
Regional Evacuation Plan
BACKGROUND
On December 12, 2022, the California Department of Housing and Community
Development (HCD) granted the City of Moorpark a total of $57,713. This funding amount
has been incorporated into the Fiscal Year (FY) 2023/24 Emergency Management
Budget and has been allocated to support the development of a regional evacuation plan,
serving the residents of Moorpark, Simi Valley, and Thousand Oaks. In this collaborative
effort, the City of Moorpark holds the position of designated Fiscal Agent for the HCD
grant.
Signifying the commitment to cooperation, on May 4, 2022, the City Council officially
endorsed a Memorandum of Understanding (MOU). This Agreement established a
framework among the cities of Moorpark, Simi Valley, and Thousand Oaks for the unified
administration of the grant. This mutual understanding laid the groundwork for collective
efforts in managing the grant’s execution.
In this endeavor, representatives from the three cities, along with the subject consultant,
will closely collaborate with key stakeholders. This collaborative group will include the
Ventura County Office of Emergency Services, Ventura County Fire Department, and
various other pertinent agencies. The primary objective of this collaboration is to ensure
a seamless alignment between the project scope outlined in the HCD grant and the
ongoing and planned initiatives within the realm of emergency management. By fostering
synergy and coordination among all parties involved, the project aims to enhance the
region’s overall emergency preparedness and response capabilities.
Item: 10.S.
429
Honorable City Council
09/06/2023, Regular Meeting
Page 2
DISCUSSION
On June 9, 2023, the City issued a Request for Proposal (RFP) for consulting services
for the development of a regional evacuation plan. The RFP was posted on the City’s
website by the City Clerk’s office. Additionally, staff emailed the RFP to five well-known
firms, which included a direct link to the RFP.
After interviewing the Chief Executive Officer of FPEM, which was the only submission
received by the City, the interview panel comprised of emergency managers from the
Cities of Moorpark, Simi Valley, and Thousand Oaks selected FPEM. The interview panel
was impressed with the firm's overall presentation, experience, and its mission to build
safe, secure, and resilient communities, which align perfectly with the objective of the
subject project of developing a regional evacuation plan.
Firm $ Amount
Focus Point Emergency Management Consulting Services, LLC (FPEM) $80,000
The City of Moorpark is serving as the fiscal agent in this process and as previously
mentioned HCD awarded a grant in the amount of $57,513 to fund this effort. FPEM’s
cost to the provide this service is $80,000, therefore an appropriation of $2,790.33 is
necessary. If additional funds beyond the $80,000 are deemed necessary to finalize the
evacuation plan, as is the case with the requested additional appropriation, each City
must contribute an amount proportionate to its population. This contribution follows the
structure delineated in the MOU and is depicted below. The City of Moorpark will manage
the responsibility of invoicing for the additional contributions.
Cities Percentage Proportionate Share $ Amount
Thousand Oaks 43.85% $9,772.85
City of Simi Valley 43.63% $9,723.82
City of Moorpark 12.52% $2,790.33
Total 100% $22,287.00
Should the City Council approve staff’s recommendation, FPEM, who specializes in
emergency management, will provide consulting services for the development of a
regional evacuation plan, following the scope of services outlined in the attached
agreement.
Staff recommends the City Council award a Professional Services Agreement to FPEM
as the responsive and responsible bidder, accountable for providing Consulting Services
for the development of a regional evacuation plan.
430
Honorable City Council
09/06/2023, Regular Meeting
Page 3
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
Expenditure appropriation of $22,287 from unassigned fund balance of the General Fund
(1000) to Emergency Management Contractual Services and revenue appropriation of
$19,496.67 for reimbursement by the City of Thousand Oaks totaling $9,772.85 and
$9,723.82 by the City of Simi Valley. The total cost to the City of Moorpark is $2,790.33.
Currently, the General Fund has an unassigned balance of $198,663. After utilizing
$2,790.33, there will be a fund balance of $195,872.67 for the remainder of the fiscal year.
The appropriation supplements the previously approved amount of $57,713 from the
FY 2023/24 budget by the City Council, resulting in a combined total of $80,000.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Award Agreement to FPEM for the development of a regional evacuation plan in
an amount not-to-exceed $80,000; and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager; and
2. Adopt Resolution No. 2023-____, amending the Fiscal Year 2023/24 Budget by
total appropriation of $2,790.33 including expenditure appropriation of $22,287
and revenue appropriation of $19,496.67 from the General Fund to emergency
management operations for FPEM to develop a regional evacuation plan.
Attachment 1: Draft Agreement
Attachment 2: Resolution No. 2023-_____
431
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
FOCUS POINT EMERGENCY MANAGEMENT CONSULTING SERVICES, LLC, FOR
CONSULTING SERVICES TO DEVELOP A REGIONAL EVACUATION PLAN
THIS AGREEMENT, made and effective as of ________________________,
between the City of Moorpark, a municipal corporation (“City”) and Focus Point
Emergency Management, a California Limited Liability Company (“Consultant”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for consulting services for the development of a
regional evacuation plan; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated July 7, 2023, which
is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1.TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2.SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide consulting services, as set forth in Exhibit C. In the event there is a
conflict between the provisions of Exhibit C and this Agreement, the language contained
in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C. Consultant
shall complete the tasks according to the schedule of performance, which is also set forth
in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with the Exhibit C. Compensation shall not exceed the rates or total contract
value of seventy thousand dollars ($80,000.00) as stated in Exhibit C, without a written
amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
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3.PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4.MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Fay Glass, and no other individual may be substituted without
the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5.PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed seventy thousand dollars
($80,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
Consultant shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. If the City disputes any of
Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30)
days of receipt of any disputed fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or the City Manager’s designee determines that the Consultant
is in default in the performance of any of the terms or conditions of this Agreement,
designee shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have five (5) days after service upon it of said notice in which to cure the
default by rendering a satisfactory performance. In the event that the Consultant fails to
cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of dollars
($150.00) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Consultant under the terms of
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this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9.OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City, at
the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10.INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all causes
of action, claims, liabilities, obligations, judgments, or damages, including reasonable
legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s
performance of its obligations under this Agreement or out of the operations conducted
by Consultant, including the City’s active or passive negligence, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees
their costs of defense, including reasonable legal counsels’ fees incurred in defense of
such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any other
person or entity involved by, for, with, or on behalf of Consultant in the performance of
this Agreement. In the event Consultant fails to obtain such indemnity obligations from
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others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers, employees, or agents of
the City. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
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14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Consultant shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Consultant, or any officer, employee or
agent of Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
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18.NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: CEO/President
Focus Point Emergency Management Consulting Services, LLC.
16155 Sierra Lake Pkwy Ste#160-175
Fontana, CA 92336
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19.CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant’s legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20.ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21.LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22.VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
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and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
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29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK FOCUS POINT EMERGENCY
MANAGEMENT CONSULTING
SERVICES, LLC
__________________________________ __________________________________
Troy Brown, City Manager Fay A. Glass, CEO/President
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1 million per occurrence for all covered losses and no less than $2 million general
aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1 million per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2 million general
aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1.Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2.No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3.All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4.None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5.No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6.All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7.Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
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FPEM, LLC. Page 12 of 14
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8.Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of
any cancellation or reduction of coverage. Consultant agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation or reduction of coverage imposes
no obligation, or that any party will “endeavor” (as opposed to being required) to
comply with the requirements of the certificate.
9.It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10.Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance 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 subcontractors and others engaged
in the Work will be submitted to the City for review.
11.Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant 90 days
advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13.For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14.Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any
rights hereunder in this or any other regard.
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FPEM, LLC. Page 13 of 14
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. 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 limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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FPEM, LLC. Page 14 of 14
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
X Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1.Dollar amount of Agreement/Contract: $ ___80,000__
2.Dollar amount of Subcontract: $ _____0_____
3.Does the total contract amount represent compensation for multiple
documents or written reports? X Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
__________________________________ ______________________
Fay A. Glass, CEO/President Date
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Exhibit C
Scope of Services
Rate Schedule: Tasks 1-5 Cost Per Task
Task 1 Duration: September 2023 - November 2023 (3 months)
Task 1: The individuals/firms selected to comprise the Resource
Development Consultants’ panel will be expected to perform or assist in
the performance of the following duties
1.1 Project Initiation $2,000.00
1.2 Risk Assessment and Hazard Analysis $2,000.00
1.3 Stakeholder Engagement and Collaboration $2,000.00
1.4 Plan Development $2,000.00
1.5 Resources Assessment and Allocation $2,000.00
1.6 Training and Exercises $2,000.00
1.7 Public Education and Outreach $2,000.00
1.8 Plan Maintenance and Review $2,000.00
Total Amount for Task 1: $16,000.00
Task 2 Duration: December 2023 - February 2024 (3 months)
Task 2: Consultant will obtain stakeholder input and conduct site visits as
needed in each City for the purpose of gathering information from key
personnel, including but not limited to the following
2.1 FPEM will familiarize ourselves with the region $1,600.00
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Cost Per Task
2.2 Identify key stakeholders $1,600.00
2.3 Schedule meetings and interviews $1,600.00
2.4 Conduct stakeholder interviews $1,600.00
2.5 Facilitate workshops or focus groups $1,600.00
2.6 Site visits and assessments $1,600.00
2.7 Analyze and synthesize information $1,600.00
2.8 Develop the regional evacuation plan $1,600.00
2.9 Present findings and recommendations $1,600.00
2.10 Finalize and distribute the plan $1,600.00
Total Amount for Task 2:$16,000.00
Task 3 Duration: March 2024 - May 2024 (3 months)
Task 3: Consultant will provide a baseline assessment and analysis of the
three cities current conditions and an overview of each of the three cities
discussing the following
3.1 Geographical features $2,000.00
3.2 Population and demographics $2,000.00
3.3 Infrastructure $2,000.00
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Cost Per Task
3.4 Hazards $2,000.00
3.5 Evacuation routes $2,000.00
3.6 Shelters $2,000.00
3.7 Emergency response capabilities $2,000.00
3.8 Communication systems $2,000.00
Total Amount for Task 3:$16,000.00
Task 4 Duration: June 2024 - August 2024 (3 months)
Task 4: Consultant will conduct a community risk analysis using land use
and zoning classification, along with specific target hazard information,
to analyze and community risk including, but not limited to
4.1 Land Use and Zoning Classification:$5,333.33
4.2 Target Hazard Information:$5,333.33
4.3 Community Risk Assessment:$5,333.34
Total Amount for Task 4:$16,000.00
Task 5 Duration: September 2024 - November 2024 (3 months)
Task 5: FPEM proposes several potential modifications and
improvements to enhance the effectiveness and outcomes of the Cities
proposed scope of services
5.1 Expanded Stakeholder Engagement:$3,200.00
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5.2 Robust Risk Communication and Public Awareness:$3,200.00
5.3 Integration of Technology Solutions: $3,200.00
5.4 Regular Evacuation Exercises and Drills:$3,200.00
5.5 Community Training and Education:$3,200.00
Total Amount for Task 5:$16,000.00
Total Project Estimate Cost $80,000.00
4
FPEM confirms that there are no hidden costs or charges that will be incurred by the City of
Moorpark.
Personnel Hourly Rate
Fay A. Glass / Project Manager $150.00
Jacqueline Escobar / Project Coordinator $30.00
Carolyn Glass / Project Coordinator $30.00
FPEM proposes to provide all services and deliverables outlined in the proposed Scope of
Services for a total not-to-exceed $80,000. This budget was formulated using the standard
hourly rates set by FPEM, as follows.
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ATTACHMENT 2
RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2023/24 BUDGET TO APPROPRIATE $2,790.33 FROM THE
GENERAL FUND TO THE EMERGENCY MANAGEMENT
OPERATIONS FOR CONSULTING SERVICES TO DEVELOP A
REGIONAL EVACUATION PLAN
WHEREAS, the City Council adopted the Emergency Management Operating
budget for Fiscal Year 2023/24 on June 21, 2023; and
WHEREAS, a staff report has been presented to the City Council considering
award of agreement to Focus Point Emergency Management Consulting Services, LLC,
for Consulting Services to develop a regional evacuation plan for a total contract value
of $80,000, and authorizing the City Manager to execute said Agreement; and
WHEREAS, a budget amendment of $2,790.33 from the General Fund (1000) is
requested to fully fund these services; and revenue appropriation of $19,496.67 for
reimbursement by the City of Thousand Oaks totaling $9,772.85 and $9,723.82 by the
City of Simi Valley; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An aggregate budget amendment in the amount of $2,790.33 from
the General Fund (1000) for consulting services, as more particularly described in Exhibit
“A”, attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of September, 2023.
_____________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
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Resolution No. 2023-_____
Page 2
EXHIBIT A
BUDGET AMENDMENT TO THE GENERAL FUND FOR CONSULTING SERVICES
TO DEVELOP A REGIONAL EVACUATION PLAN
FY 2023/24
FUND BALANCE ALLOCATION
Fund Title Fund Account No. Amount
General Fund 1000-000-00000-33990 $2,790.33
Total $2,790.33
REVENUE APPROPRIATION
Account No. Current Budget Revision Amended Budget
1000-000-00000-43360 $288,350.00 $19,496.67 $307,846.67
Total $288,350.00 $19,496.67 $307,846.67
EXPENDITURE APPROPRIATION
Account No. Current Budget Revision Amended Budget
1000-212-00000-51000 $20,500.00 $22,287.00 $42,787.00
Total $20,500.00 $22,287.00 $42,787.00
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