18-1105_ELLEN LOPEZ & ASSOCIATES_E11_Agenda Report 11/5/2018
Ell
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM_ )enjamin Siegel, City Manager
SUBMITTED BY: Jacob Green, Assistant City Manager
DATE: November 5, 2018
SUBJECT: Professional Services Agreement for Hazard Mitigation Plan Writing
Services with Ellen Lopez & Associates, Inc.
RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement
for Hazard Mitigation Plan Writing Services with Ellen Lopez & Associates, Inc., at a cost
not-to-exceed $29,500 funded by the FEMA Hazard Mitigation Grant Program.
DISCUSSIONIANALYSIS
The Federal Disaster Mitigation Act of 2000 requires a community to have an approved
Local Hazard Mitigation Plan (LHMP) in order to be eligible to apply for and receive FEMA
hazard mitigation funds. The purpose of the City's LHMP is to promote sound public
policy designed to protect citizens, critical facilities, infrastructure, private property, and
the environment from various hazards. As outlined in the LHMP, this is achieved by
increasing public awareness, documenting the resources for risk reduction and loss
prevention, and identifying activities to guide the City towards building a safer, more
sustainable community. FEMA requires that LHMPs be updated every five years and the
latest City LHMP was approved by FEMA on July 20, 2007.
In order to fund the LHMP plan writing process, the City applied for, and was awarded, a
FEMA Hazard Mitigation Program Grant in the total amount of $40,000 ($30,000 Federal
share and $10,000 City in-kind match). The City subsequently issued a request for
proposal (RFP) for Hazard Mitigation Plan Writing Services oil September 18, 2018
(Attachment 1). The RFP was posted on the City:s website and pro-actively sent out to
numerous external vendors. On September 20, the City issued a response to inquiries
City Council Agenda Report
November 5, 2018
Page 2 of 3
received from interested parties (Attachment 2). The RFP deadline was October 16 and
four proposals were received as follows listed in alphabetical order:
_ Company — - - _ - Location
Claris Strategy Arcadia, CA
Dudek _ San Juan Capistrano, CA & Remote
Ellen Lopez & Associates, Inc. Seal Beach, CA
InteLrated Consul#in Solutions Los Angeles, CA & Remote
An evaluation panef was convened to review and rank each proposal based on
thoroughness, performance record, adequacy of expertise and resources, experience
with public sector clients (especially Orange County Operational Area cities), utilization
of emergency management principles, and their proposed fee. The panel unanimously
recommended Ellen Lopez & Associates, Inc. for contract negotiations and Council
approval (Attachment 3).
According to their proposal, Ellen Lopez, President of Ellen Lopez & Associates, Inc., is
a Certified Emergency Manager (CEM) with over 30 years of emergency management
experience in Southern California, and is the former Chair of the Orange County
Emergency Management Organization (OCEMO). She has served as an emergency
manager with the Orange County Fire Department (prior to OCTA formation), Orange
County Sheriff's Department, City of Santa Monica, and the City of Anaheim.
Upon Council approval, Ellen Lopez & Associates, Inc., will assist the City with the
preparation of an updated LHMP that meets all federal and state requirements for
mitigation plans, including extensive stakeholder engagement and community input
opportunities (Attachment 4). The draft plan will be submitted to the California Office of
Emergency Services (OES), the Federal Emergency Management Agency (FEMA), and
ultimately the LHMP will return to the Council for final review and adoption. This process
is expected to take approximately 18 months to complete. Following adoption, the City
will be eligible to apply for and/or receive mitigation project grants under any of the
following hazard mitigation assistance programs: Hazard Mitigation Grant Program, Pre-
Disaster Mitigation, Flood Mitigation Assistance, and the Severe Repetitive Loss Grant
Program.
FISCAL IMPACT:
The City applied for, and was awarded, a FEMA Flazard Mitigation Program Grant to
cover all costs associated with hazard mitigation plan writing services. FEMA will provide
the City with a total Federal award of $30,000; $29,500 will be utilized to cover the cost
of plan writing services with Ellen Lopez & Associates and $500 will be used to cover
related materials and supplies. An additional in-kind, 25 percent contribution will be
provided by the City in the amount of $10,000, allocated from the time committed to this
project by the City's part-time Emergency Manager and City staff.
City Council Agenda Report
November 5, 2018
Page 3 of 3
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15051(b)(3), the general rule that the CEQA
applies only to projects that would have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Authorizing the City Manager to approve and execute a contract Ellen
Lopez & Associates, Inc., would not be an activity with potential to cause significant effect
on the environment, and therefore is exempt from CEQA. Future hazard mitigation
projects may require CEQA review.
CITY COUNCIL REVIEW:
■ On November 16, 2004, the Councii adopted a resolution approving the City's Local
Hazard Mitigation Plan.
COMMISSIONICOMMITTEEIBOARD REVIEW AND RECOMMENDATIONS.
Not applicable
NOTIFICATIONS:
Daniel Martin, Managing Principal, Integrated Solutions Consulting, Inc.
Donna Boston, Director, Emergency Management, Orange County Sheriffs Department
Ellen Lopez, President, Ellen Lopez & Associates, Inc.
Joseph Monaco, President, Dudek
Wiliam Lim, President/CEO, Claris Strategy
ATTACHMENTS:
Attachment 1 - Request for Proposal for a Local Multi-Hazard Mitigation Plan
Attachment 2 - RFP Questions & City Responses — Distribution #1
Attachment 3 - Ellen Lopez & Associates, Inc. Proposal
Attachment 4 - Draft Professional Services Agreement
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CITY OF SAN JUAN CAPISTRANO
Request for Proposals from Qualified Consultants
For a Local Multi-Hazard Mitigation Plan Update
Date of Issuance: September 18, 2018
Email Proposal
By Tuesday, 10:00 A.M., October 16, 2018 to:
City of San Juan Capistrano
Attn: Lynn Mata, Emergency Services Manager
City Manager's Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Imata san'uanca istrano.or
(949) 443-6304
ATTACHMENT 1
1. INVITATION
The City of San Juan Capistrano (City) invites proposals from qualified consultants for:
Local Multi-Hazard Mitigation Plan Update
Please read this entire RFP package, and include all requested information and forms in
your proposal. Proposals must be signed by an authorized agent of the company
submitting a proposal in order to be considered responsive.
Tentative RFP Schedule
(Subject to change at City's discretion)
1 . Issue RFP September 18, 2018
2. Proposals Due (date & time) 10:00 AM, October 16, 2018
3. RFP Evaluation Completed October 22, 2018
4. Consultant Selection October 24, 2018
5. Consultant Award October 29, 2018
Table of Contents
1. Invitation, Tentative Schedule, Table of Contents
2. Introduction
3. Scope of Work
4. Proposal Requirements
5. Proposal Submission
6. Selection Process
7. Agreement 1 Insurance Requirements
8. Questions
9. Form of Agreement
10.Exhibit A — Schedule of Charges/ Payments
1
2. INTRODUCTION
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law
93-288), as amended by the Disaster Mitigation Act of 2000, local governments are
required to develop a hazard mitigation plan as a condition for receiving certain types of
emergency and non-emergency disaster assistance, including funding for mitigation
projects and emergency response. Hazard Mitigation Plans must be updated every five
years. The City of San Juan Capistrano's Local Hazard Mitigation Plan (LHMP) was
previously approved by FEMA, July 20, 2007.
The City is seeking a consultant to perform a comprehensive review, hazard analysis
and update to the LHMP. The review will identify and update local hazards, mitigation
goals and strategies and identify projects that will enable the City to prepare for and
reduce the impacts of a disaster.
3. SCOPE OF WORK
The mitigation plan seeks to provide resources, information and strategies for risk
reduction, while helping to guide and coordinate mitigation activities in the City of San
Juan Capistrano. The plan must meet the requirements for mitigation plans identified
in 44 CFR §201.6.
The selected Consultant is required to provide the following tasks and services.
Engage in the planning process, as more fully described in FEMA's Local Mitigation
Planning Handbook, dated March 2013, including, but not limited to
3.1 Identification of hazards unique to the jurisdiction and not addressed in the
master planning document;
3.2 The conduct of a vulnerability analysis and an identification of risks, where they
differ from the general planning area;
3.3 The formulation of mitigation goals responsive to public input and development
of mitigation actions complementary to those goals. A range of actions must be
identified specific for each jurisdiction;
3.4 Demonstration that there has been proactively offered an opportunity for
participation in the planning process by all community stakeholders (examples
of participation include relevant involvement in any planning process, attending
meetings, contributing research, data, or other information, commenting on
drafts of the plan, etc.);
3.5 Documentation of an effective process to maintain and implement the plan;
3.6 Documentation of participation in the National Flood Insurance Program (NFIP),
continued compliance with NFIP requirements, and address NFIP insured
structures that have been repetitively damaged by floods.
3.7 Formal adoption of the Local Hazard Mitigation Plan by the jurisdiction's
governing body and submitted to State Hazard Mitigation Officer.
The Consultant must assist the City in updating local hazards; updating mitigation
goals and strategies and identifying projects that enable the City to prepare for and
reduce the impacts of a disaster by developing a comprehensive Local Hazard
Mitigation Plan, The Consultant will lead in the preparation of the Plan; however,
members of a PlanninglSteering Committee will provide input, information. and
comments throughout the development of the Plan.
The selected Consultant is expected to provide monthly detailed documentation of
time spent developing the Plan and to adhere to a strict budget that allows for hourly
staff time and costs. To ensure that development of the Plan is consistent with the
budget provided, the City's representative will meet periodically with the Consultant
and Planning/Steering Committee members to monitor the expenditure of funds and
progress of work.
Bidders must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on the Bidder's solicitation fists,
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
(5) Using the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
In compliance with the National Environmental Policy Act (NEPA), this project has
been determined to be categorically exempt (CE) from either an environmental
assessment or environmental impact statement.
3
A contract award will not be made to any party listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the DMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12589 (3 CFR part 1989 Camp,, p. 235), "Debarment and
Suspension.'
Work must be completed no later than January 30, 2020,
4. PROPOSAL REQUIREMENTS
Consultant proposals shall include a transmittal letter including a statement of
understanding of the scope of the project, the general methodology/approach to
be used, a description of the firm's background and experience. The Proposal
shall be signed by an individual authorized to bind the consultant and shall contain a
statement that the proposal is valid for at least a 90-calendar day period. The
proposal will also include the following:
4.1 A proposed Scope of Work, consistent with FEMA requirements, including a
description of the specific work tasks that will be completed and work products
that will be produced and timeline.
4.2 A list of similar plans written by the firm and project manager(s); including
key staff.
4.3 One-page resume of the project manager highlighting that individual's
relevant experience, skills, and education.
4.4 A proposed firm fixed price (i.e., not time and materials) to perform the
services outlined in the Scope of Work.
4.5 A list of references for similar services provided.
5. PROPOSAL_ SUBMISSION
Interested firms or persons should submit their proposal in PDF format (600 dpi
resolution, color or black & white) by e-mail to Imata@sanjuancap[strano.org in the
City Manager's Department, City of San Juan Capistrano by the time and date
indicated on the coversheet of this RFP.
6. SELECTION PROCESS
A selection committee composed of City staff will review the proposals pursuant to
the City's adopted Purchasing Policies and Procedures to select the most
qualified consultant with particular emphasis on the following factors consistent with,
6.1 A proposed Scope of Work including a description of the specific work
tasks that will be completed and work products that will be produced.
4
6.2 Completeness of proposal.
6.3 Firm's experience and resources.
6.4 Professional qualifications of key personnel.
After evaluation of the proposal, and subsequent interviews if needed, the City will
select the most qualified consultant with whom to negotiate an agreement to provide
the consulting services through the completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of
the respective proposals received.
7_ AGREEMENT I INSURANCE REQUIREMENTS
The consultant selected will be required to execute a standard City of San Juan
Capistrano Personal Services Agreement (Form of Agreement). Proposals shall
include a statement that the submitting firm/person is amenable to all provisions in the
City's standard agreement. If a proposing firm/person takes exception to any of the
terms in the Personal Services Agreement, the firm/person must notify the City of their
specific issues) as soon as possible and determine whether the provision may be
modified. Insurance and indemnification requirements are not negotiable.
8. QUESTIONS
Questions regarding this RFP should be sent in writing to Lynn Mata, Emergency
Services Manager via e-mail to: imata(@sanjuancapistrano.arr . Questions concerning
information already contained in the RFP will be answered in writing and provided
to all firms who have been sent the RFP or have advised the City that they are
preparing a proposal. Questions requiring clarification or additional information may
be addressed in an addendum to this RFP. All correspondence involving questions
and answers related to this RFP will be provided to all other known proposers.
City of San Juan Capistrano
Request for Proposals Local Multi-Hazard Mitigation Plan Update
City's Response to Submitted Questions#1
Q Is there a recent list of historic resources the City would like us to use,or would generating such
a list be an appropriate task item?
A A City Planning/Steering committee will assist consultant in conducting a risk assessment where
hazards,critical sites and historical data will be identified.
Q Is there an ideal budget the City is looking to not exceed?
A A budget of$30,000 is allocated for the contractor of the Local Multi-Hazard Mitigation Plan
Update.
Q Will The City convene a Hazard Mitigation Action Team of interested stakeholders?is this a Task
the City would like the consultant to develop?
A Stakeholders will be given opportunities to be involved during the planning process. They would
not be involved in all stages of the planning process, but may inform the planning team on a
specific topic or provide community input.
Q Regarding proposal format, we'd just like to confirm there is not a page limit, and that additional
resumes for staff(aside from the Project Manager) can be included in an appendix to the
proposal.
A 1 he proposal format does not have a page limit and additional resumes for staff(aside from the
Project Manager)can be included in an appendix to the proposal.
9/26/1.8
ATTACHMENT 2
City of San Juan Capistrano
Request for Proposals-local Muiti-Hazard Mitigation Plan Update
City's Response to Submitted Questions#1
Q Is there a recent list of historic resources the City would like us to use, or would generating such
a list be an appropriate task item?
A A City Pianoing/Steenng committee will assist consultant in conducting a risk assessment where
hazards,critical sites and historical data will be identified.
Q Is there an ideal budget the City is looking to not exceed?
A A budget of$30,000 is allocated for the contractor of the Local Multi-Hazard Mitigation Plan
Update.
Q Will the City convene a Hazard Mitigation Action Team of interested stakeholders? Is this a task
the City would like the consultant to develop?
A Stakeholders will be given opportunities to he involved during the planning process. They would
not be involved in all stages of the planning process, but may inform the planning team on a
specific topic or provide community input-
0 Regarding proposal format,we'd just like to confirm there is nota page}imit, and that additional
resumes for staff(aside from the Project Manager)can be included in an appendix to the
proposal.
A The proposal format does not have a page limit and additional resumes for staff(aside from the
Project Manager)can be included in an appendix to the proposal.
9126118
City of San Juan Capistrano
Proposal for Services
Local Multi-Hazard Mitigation Plan Update
October 15, 2019
Submitted By:
Ellen Lopez & Associates Inc.
4480 Elder Avenue
Seal Beach, CA 90740
562-252-5358
Eiopez562@icloucl xom
Submitted to:
Lynn Mata
City of San Juan Capistrano
Emergency Services Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ATTACHMENT 3
ELLEN LOPEZ& ASSOCIATES
4480 Elder Avenue,Seal Beach,California Elopc,.5626eieloud.corn (562)252-5358
EMERGENCY MANAGEMENT CONSULTANT
■Planning• Training • •Facilitation ■ ■Implementation
October 15,2018
Ms. Lynn Mata
City of San Juan Capistrano—Emergency Services Manager
32404 Paseo Adelanto
San Juan Capistrano,CA 92675
RE: Local Multi-Hazard Mitigation Plan Update
Dear Ms. Mata:
Thank you for the opportunity to present this proposal in response to your Request for Proposals (RFP) from
Qualified Consultants for a Local Multi-Hazard Mitigation Plan (referred to as Local Hazard Mitigation Plan or
LHMP) Update for the City of San Juan Capistrano. Ellen Lopez and Associates (ELA) understand the scope of the
project as set forth in the Request for Proposal, and we are extremely confident that we can provide exceptional
service to the City of San Juan Capistrano.
The City's Local Hazard Mitigation Pian forms the long term strategy to reduce flosses due to natural disasters. The
process of revising a Local Hazard Mitigation Plans provides a valuable opportunity for City Staff and other
stakeholders such as surrounding cities, special districts, and other interested agencies to identify risks, assess
their vulnerability,and contribute information and recommendations on mitigation projects.
ELA would like to collaborate with City Staff to form a Local Hazard Mitigation Planning Team to identify effective
ways to reduce vulnerability to disasters by identifying critical facilities,capabilities, resources, information, and
strategies for risk reduction, while helping to guide and coordinate mitigation actions. ELA team members would
guide the group in setting strategies intended to reduce risk from natural hazards through education and outreach
programs, foster the development of partnerships,and implement risk mitigation activities. Once created,this
Plan would ensure that hazard analysis are reflective of current conditions,that policies in the Pian are consistent
with current City standards and/or other relevant federal, state,or regional regulations,and that the City has an
updated Plan that meets Federal Emergency Management Agency(FEMA) requirements.
Qualifications:
With over 30 years of emergency management experience in Southern Caiifornia and as a former leader in the
Orange County Emergency Management Organization, I am uniquely qualified to provide superior service to the
City of San Juan Capistrano. Ellen Lopez and Associates (ELA) was formed in 2014 and incorporated on March 23,
2018. As a team, ELA has a wide range of experience at working closely with governmental staff members and
other nongovernmental organizations in preparing comprehensive hazard mitigation plans to defend residents,
protect businesses, and protect the investments that have been made in their communities. The ELA team
includes the following experts who are available to work collectively on this project for the duration of the
contract period:
Ellen Lopez is a Certified Emergency Manager (CEM) with over 30 years of experience in the field of emergency
management,specializing in developing emergency plans,creating and revising hazard mitigation plans, producing
emergency operations center activation pians, and building comprehensive emergency management programs.
Ms. Lopez served as an emergency manager with the Orange County Fire Department, Orange County Sheriff's
Department,and was the project lead-person for the design of the current Orange County Emergency Operations
Center. Ms. Lopez went on to spend five years as the Emergency Coordinator for the City of Santa Monica before
October 15,2018
City of San Juan Capistrano
Cover Letter, Page 2-RFP
accepting a position as Director of Emergency Management with the City of Anaheim, where she worked for 11
years and was instrumental in developing the City's Local Hazard Mitigation Plan, Emergency Operations Plan,and
numerous other emergency preparedness plans. As an Assessor with the Emergency Management Assessment
Program (EMAP),she evaluates Comprehensive Emergency Management Plans(CEMP)for compliance with US
Department of Homeland Security, NIMS, and FEMA requirements. As a past president and current member
of the Orange County Emergency Management Organization (OCEMO), Ms. Lopez has participated in the
review of several plans, including the OC and OCFA Hazard Mitigation Plan and the Statewide Hazard
Mitigation Paan. Ms. Lopez has been an Instructor at Coastline Community College for the past eleven years
and currently teaches courses in Hazard Mitigation and Emergency Preparedness. (Complete resume attached)
Denise Davis is a Certified Emergency Manager (CEM) with extensive experience in emergency management,
establishing her expertise serving in local governments and as an emergency management consultant for a
combined total of 31 years. She specializes in developing Emergency Operations Plans, Hazard Mitigation Plans,
Continuity of Operations Plans, Gap Analyses, Interoperable Communications Plans, EOC manuals and functional
annexes, and the development and conduct of training and exercises. Ms. Davis has served as Project Manager,
Lead Planner, and Public Outreach Lead on several Local Hazard Mitigation Plans in the Southern California Area.
As an active member of the California Emergency Services Association since 2012 and the Orange County
Emergency Organization since 1990, Ms. Davis possesses a wealth of institutional knowledge of emergency
services throughout the County of Orange. (Complete resume attached)
David Lopez is a retired Orange County Fire Authority Captain with over 33 years of experience in emergency
response and specialized operations. He has 10 years of experience on a CaIFire Type 1 Incident Management
Team and has over 19 years of experience in developing emergency operations plans and hazard mitigation
plans. (Complete resume attached)
Recent Experience:
In 2017, ELA developed a comprehensive Emergency Operations Plan (EOP) that included a hazard analysis and
threat assessment,as well as an Emergency Operations Center Activation Guide for Laguna Woods Village. Located
in the City of Laguna Woods, Laguna Woods Village is a senior living community with a population of approximately
18,467 residents over the age of 65. As part of the planning process, a hazard analysis was also conducted; hazards
prioritized and detailed information provided as an appendix in the EOP. Security Nrector Tim May served as the
Project Coordinator and can be reached at(94 9)597-4488.
Ellen Lopez served as the project manager for the revision of the Local Hazard Mitigation Plan for the City of
Orange California in 2016. The process included the identification of stakeholders, coordination and facilitation of
meetings, along with the production of the plan. ELA Associate, David Lopez, consolidated'information, researched
data, developed material, and presented HAZUS findings to the team. The plan was presented to the State with
positive reviews and submitted to FEMA with a timely approval. The process took approximately ten months
starting in January of 2016 and concluding in October of 2016. The plan was approved by California OFS and
forwarded to FEMA who tentatively approved it on March 30, 2017, pending adoption by the City of Orange.
Captain Alan Velasco with the City of Orange Fire Department served as the Project Coordinator for the City and
can be reached at(714)915-7873. (The document can be provided far review upon request)
In 2016, as a contract consultant with the City of Westminster, Ellen Lopez participated in the development of the
City's Local Hazard Mitigation Plan and the Emergency Operations Plan. Ms. Lopez remains on contract with the
City to ensure the City maintains compliance with state and federal requirements and updates the Local Hazard
Mitigation Plan annually.
October 15,2018
City of San Juan Capistrano
Cover Letter, Page 3-RFP
* ELA acknowledges that if selected, respondent will be contracted under the City of San Juan Capistrano
Professional Services Agreement (Attachment 1) including Addendum for compliance with federally required
provisions from 44 CFR Part 13, Subpart C,Section 13.36(i).
The undersigned, Ms. Ellen Lopez, President, is an officer authorized to bind Ellen Lopez and Associates Inc.
Further,we have read, understand, and will comply with all terms of the RFP.We appreciate the significance of this
project to the City of San Juan Capistrano as it sets a foundation for hazard mitigation efforts for several years to
come. We are excited at the possibility of working with your City Staff on this important project, and we look
forward to discussions regarding our approach and refinement of the proposed work process. This proposal and
identified price will remain valid for a period of 90 calendar days from the date of this letter. If you have any
questions regarding this proposal or would like to discuss any of the items within, please contact me at (562) 252-
5358 or via e-mail at e1opez562@icloud.com,
Sincerely,
Ellen Lopez,President
cc: David Lopez
E LA Page I1
Section A-- Background and Project Summary
The City of San Juan Capistrano (City) is located in South Orange County California and has an ethnically diverse
population of approximately 35,000 residents.According to the 2010 United States Census,San Juan Capistrano
had a median household income of$75,355.These residents benefit from the regional transportation networks
such as Interstate Route 5, Highway 74-Ortega Highway,and the San Juan Capistrano Train Depot that is served by
Amtrak and Metrolink.The City is also home to historic Mission San Juan Capistrano. Mission Sa111 uan
Capistrano is a California landmark and cultural icon as well as a destination for travelers,the faithful, and school
children from all over the area. One of the most effective means of preserving and enhancing a community's
resources and identity is to conduct hazard mitigation as part of the planning and design process.
The City currently has a Local Hazard Mitigation Plan (LHMP)that was approved by the Federal Emergency
Management Agency(FEMA) in July 2007, The purpose of this project is to assist the City with the preparation of
an updated plan that meets the requirements for mitigation plans identified in CFR Subsection 201.6. One of the
primary benefits of a FEMA-approved LHMP is the ability of the City to apply for and/or receive project grants
under the following hazard mitigation assistance programs:
• Hazard Mitigation Grant Program
■ Pre-Disaster Mitigation
• Flood Mitigation Assistance
• Severe Repetitive Loss
Ellen Lopez and Associates (ELA) understand that access to these funding sources is extremely important.With
that in mind, ELA will assist the City in preparing a plan that will meet the requirements of the California State
Office of Emergency Services (Cal OES) and FEMA. The measure of success for a LHMP is that it results in
meaningful mitigation actions.Awareness of the hazards and understanding the community's vulnerabilities to
these hazards is critical in developing mitigation strategies to effectively address these issues. Two of the most
common elements associated with hazard mitigation actions are:
1. Use of comprehensive risk and capability assessments that form a solid foundation for decision making
2. Participation by a wide range of stakeholders who play a role in identifying and implementing mitigations
actions
The main objective of ELA is to utilize a planning process that provides the city with current information regarding
anticipated hazards,vulnerabilities to these hazards, and an assessment of the capabilities to address these
hazards, which provides a valuable decision-making framework.From this framework,the City's plan will take
shape and become a resource for planning, engineering,and construction projects throughout the community.
Section B— Scope of Work(item 4.1)
The ELA team will work closely with City Staff to recruit and establish a Local Hazard Mitigation PlanningTeam
(LHMP Team)to carry out a set of specific tasks designed to guide the development and preparation of the
revised LHMP. Meaningful interaction between the ELA team, City Staff, and the LHMP Team is one of the most
important aspects of the outlined tasks. Close coordination among stakeholders and a clear understanding of
participant's expectations is fundamental to a successful planning process.The proposed scope of work assumes
that the City Staff members involved will be knowledgeable of the areas in which they are responsible and able to
assist the ELA team with research into the past and current City practices and projects. It also assumes that
appropriate City Staff members will be made available to participate on the LHMP Team and witting to
communicate information necessary to complete the revised LHMP.
City of San Juan Capistrano Proposal for LHMP Revision
E ! A Page 12
Task i- Kickoff Meed
A kickoff meeting with City Staff will be facilitated by the ELA team upon receipt of authorization to proceed.This
meeting will focus on;
■ Recruitment of Hazard Mitigation Planning Team Members
■ Scope of Work
• Schedule for Completion of Milestone Tasks
■ Scheduling of Project Meetings
Step I-A. Meeting Preparation
The ELA team will research any updates to the Hazard Mitigation Grant requirements,create an agenda,and
prepare a presentation on the local hazard mitigation planning process.
Step 1-B. Facilitate the Kickoff Meeting
Two ELA team members will facilitate this meeting and make a presentation to City Staff on the planning
process. ELA team members will discuss the scope of work and address any questions or concerns. Milestone
tasks will be identified so that timelines and schedules can be discussed.
Step 1-C. Create Documentation Process
ELA team members will document the discussions and decisions from the Kickoff Meeting and provide
minutes from the meeting to participating City Staff.All meeting sign-in sheets,agendas, and minutes will be
retained by ELA for inclusion as supporting documentation in the Final Draft Local Hazard Mitigation Plan
Task 2 - Review Existing Hazard Mitigation Piaci Documentation and Research
This review witI result in identification of relevant ir)formation that pertains to the City and areas where additional
research will be necessary for proper development of the revised LHMP document. Additional research will be
conducted to summarize updated capabilities as outlined in available planning documents (general plan,capital
improvement plans, emergency operations plans,etc.).
Step 2-A. Review and Research
The ELA team will review the 2418 California State Hazard Mitigation Plan, the 2815 County of Orange and
Orange County Fire Authority Local Hazard Mitigation Plan,the 2009 Orange County Essential Facilities Risk
Assessment Project Report,and the Water Emergency Response Organization of Orange County (WEROQ
Hazard Mitigation Plan (currently under revision). Upon completion of this review,the ELA team will provide a
draft plan framework and appropriate summaries for use by the LHMP Team as part of Step 2-B.
Step 2-B. City Staff Working Meetings
One of the first steps in the LHMP update process is to conduct individual working meetings with City Staff
members(preferably from key departments within the City such as Police, Fire, Utilities, Public Works,
Finance, etc.).These meeting will be focused on identifying risks,current staffing, projects,and priorities.
During these meeting,the ELA team will provide the staff members with background information on what the
LHMP is and how the document affects their department and projects.
City of Sari Juan Capistrano Proposal for LHMP Revision
ELA Page l3
Task 3-Prepare Administrative Draft Hazard Mitigation Plan
Fallowing the City's selection of the LHMP Team,ELA will facilitate a series of meetings to discuss the various
components of the LHMP and update process. Following the completion of Task 2 and adequate progress by the
LHMP Team,ELA will prepare an Administrative Draft Local Hazard Mitigation Plan(Administrative Draft).This
document will incorporate relevant information from the previous plan and additional information gathered
during Task 3.The following steps are anticipated during this task:
Step 3-A. Hazard Identification/Prioritization and Profile Preparation (LHMP Team Meeting#11
This will be a team process focusing on the identification and prioritization of hazards.The ELA team will use a
Microsoft Excel-based tool to prioritize the identified hazards by assigning each hazard a ranking based on
probability of occurrence and potential impact.These rankings will be assigned based on group discussion,
knowledge of past occurrences,and familiarity with the City's infrastructure vulnerabilities.
Four criteria will be used to establish priority:
• Probability(likelihood of occurrence)
• Location (size of potentially affected area)
• Maximum Probable Extent(intensity of damage)
• Secondary Impacts(severity of impacts to community)
A value of 1-4 will be assigned for each criterions.The four criteria will then be weighted based on the LHMP
Team's opinion of each criterion's ranking.The probability of each hazard is determined by assigning a level,
from unlikely to highly likely, based on the likelihood of occurrence from historical data.The total impact
value includes the affected area, primary impact,and secondary impact levels of each hazard. Each level's
score is reflected in the matrix.The total score for each hazard is the probability scare, multiplied by its
importance factor,times the sum of the impact level scores, multiplied by their importance factors. Based on
this total score,the hazards are separated into three categories based on the hazard level they pose to the
communities: High, Medium,and Low.
An example of the hazard ranking worksheet that will be used is provided below.
Hazafd Type Impact Tatal Hazard
"ProbabilityAffected Primary 5ecandPlanning
ary
Area Impact Impacts ' '
Seismic Hazards 4 4 4 4 64.00 High
Wildland f Urban Fires t 3 4 57.60 High
Extreme Heat 1 t 2 44.80 High
Drought 4 4 Z 1 2 44,00 High
Severe Weather lwindlrainllighteningi 4 3 2 2 38.40 Medium
Hazardous Materials 3 2 4 3 35.40 Medium
Landslide and Debris Flow 3 2 4 3 35.40 Medium
Flood 2 2 3 20.80 Medium
Terrorism 2 1 s 3 20.40 Medium
Dam Failure 1 2 4 4 12.80 Medium
Epidemic and Vector Borne Disease 1 4 1 3 10.80 Low
City of San Juan Capistrano Proposal for LHMP Revision
ELA Page 14
3-B.Additional Hazard Integration
Upon completion of the Hazard Profiles and Risk Assessment that occurred in Step 3-A, ELA will update the
existing hazard profiles and prepare a hazard profile for any additional hazards identified by the LHMP Team.
3-C. Mitigation Progress/New Strategies(LHMP team Meering )
Upon completion of the Hazard Profiles and Risk Assessment, ELA will prepare a table of recommended
mitigation actions/strategies that will be shared with City Staff and LHMP team members at the LHMP Team
Meeting#2.As part of this process, ELA will collect status updates on the progress of mitigation projects
identified in the previous plan as well as facilitate new strategies.
3-D. Update Capabilities/Plan Maintenance {LHMP Teum Meeting�Y3J
The purpose of a comprehensive LHMP update is to provide guidance in identifying, planning, designing,
constructing,and maintaining mitigation projects, as well as providing a pathway to integrating hazard
mitigation into a wide range of City programs and projects. ELA will prepare a summary of these capabilities
and identify areas that can be explored to improve mitigation implementation capability. ELA will also work
with City Staff and the LHMP Team to evaluate the process through which the plan has been maintained in
the past and identify an approach for keeping the plan updated over the next five years.
3-E.Construct an Administrative Draft LMPG
ELA will analyze the information gathered and the priorities identified by City Staff and the LHMP Team in
Steps 3-A through 3-D.An Administrative Draft LHMP will be produced for City Staff to review and provide
comments.
3-F. Present Administrative Draft LHMP to City Staff for Review and Comment
The City's Project Manager will be responsible for distributing the Administrative Draft to the appropriate City
Staff and providing one consolidated set of comments back to ELA.
Task 4--Prepare Draft Local Hazard N iteration Plan
Upon completion of the City Staff review of the Administrative Draft,ELA will perform the following tasks in the
preparation of the Draft Local Hazard Mitigation Plan(Draft Plan):
4-A. Review City Comments and Prepare Draft Document
ELA will review one consolidated set of comments on the Administrative Draft and make necessary revisions
to the document. ELA will meet with City Staff if necessary to discuss concerns and address outstanding issues
in preparation for making the Administrative Draft available for public review and comment.
4-8. Solicit Public input and Comments
ELA will work with the City's Project Manager to make the Administrative Draft Plan widely available to
stakeholders and the general public for their input and comments. ELA will encourage the City to use all
avenues of communication,such as social media and the City internet site,to promote robust public
participation.
City of San Juan Capistrano Proposal for LHMP Revision
ELA Page IS
4•C. Conduct Public Outreach Meeting(s)
ELA will work with the City's Project Manager to conduct Public Outreach meetings designed to inform
citizens and other interested parties about the City's Local Hazard Mitigation Plan,the planning process, and
how the plan benefits the community. Community members are a valuable resource and could provide useful
information.Those attending this meeting will be encouraged to provide their comments and
recommendations.The FLA team will consolidate those comments and search for useful information that
could be used in the preparation of the Draft Plan. All comments and recommendations received through
public input will be documented and retained as supporting documents forthe Final Plan.
4-D.Complete FEMA Plan Review Tool
Upon completion of the Draft Plan, ELA will complete the FEMA Plan Review Tool to facilitate the review by
Cal OES and FEMA. ELA will provide this tool to the City for transmittal to Cal OES along with the Draft Plan
document.
4-E. Present Draft Plan to City Staff for Submittal to Cal OB
The ELA Team will present one (1)complete printed copy of the Draft Plan and one(1)digital copy of the
Draft Plan in both PDF and MSWord format.The ELA team will assist City Staff with properly submitting the
Draft Plan to Cal OES.
Task 5—Final Local Hazard Mitigation Plan Preparation
A. Cal CIES Comments
Upon receipt of Ca10 ES comments on the Draft Plan, ELA will review and update the document for
transmittal to FEMA.
B. Present Final Draft LHMP to City Staff for Submittal to FEMA
ELA will present one(1) complete printed copy of the Final Draft Plan and one (1) digital copy of the Final
Draft Plan in both PDF and MSWord format. ELA will assist City Staff with properly submitting the Final Draft
Plan to FEMA.
C.City Council Presentation Assistance
Upon approval by FEMA, pending adoption by the City Council, ELA will support City Staff in the preparation of
the City Council Presentation if necessary.This support includes assistance in PowerPoint slide preparation,
graphics preparation,and attendance at the meeting.
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page 16
Section C— List of Similar Plans Written By Firm acrd Project Managers (item 4.2y
City of Pico Rivera ...........................Local Hazard Mitigation Plan:2018(Pending Adoption)
Whittier NwTows Dam inundation Evacuation Plan: 2017
Denise Davis,Lead Planner,Public outreach Lead
City of los Angeles ..........................Laval Hazard Mitigation flan:2017
Denise Davis, Lead Planner, Public Outreach Lead
City of Westminster ........................Local Hazard Mitigation Plan:2016,Revised 2017, 2018
F.,rnergency Operations Plan:2016, Revised 2017,2018
Point of Distribution Plan:2017
Ellen Lopez,Project Manager
Laguna Woods Village .....................Fnicr envy Operalious Plan:May 2017
EOC Activation Guide: May 2017
Ellen Lopez, Project Manager
David Lopez, Primary Editor
Coast Community College District...Emergency OVerations Plan:July 2016
EOC Activation Guide:July 2016
Ellen Lopez, Project Manager
David Lopez, Primary Editor
City of Orange..................................Local Hazard Miligation_P_l_an:March 2016
Ellen Lopez,Project Manager
Coastline Community College .........Ftnergmey Operations Plan:October 2015
EOC Activation Guide: October 2015
Ellen Lopez, Project Manager
David Lopez,Primary Editor
City of El Segundo............................Local I larard Mitigation Plan:2015
Denise Davis,Project Manager,Senior Planner
City of Anaheim ...............................Local Hazard Miti=aiion Plan:2008, Revised 2011
Emergency Operations Plan: Revised 2013
Continuity of Operations Plan: Revised 2013
Point of Distribution Plans:(for eight strategic sites)revised annually
Ellen Lopez, Project Manager
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page I7
Section D — Resumes (Item 4.3)
Ellen Lopez, MA,CEM
EXPERIENCE OVERVIEW
■ Ellen Lopez is a Certified Emergency Manager (CEM) with over 30 years of
experience in the field of emergency management, specializing in comprehensive
emergency management programs including preparedness, response, recovery, YEARS OF EXPERIENCE
and mitigation. She is an Adjunct Professor for Coastline Colleges Homeland ■ 30+
Security Emergency Management Associate Degree program.
AREAS OF EXPERIENCE
RELATED EXPERIENCE&LEADERSHIP ■ Emergency Operations Center
• Ms. Lopez provides contract services to organizations,developing and revising Planning and Training
emergency plans, and designing emergency management training and ■ Research and Analysis
exercises for their specific needs to ensure state and federal compliance. ■ Training Development
• In 2017, Ms. Lopez developed a comprehensive all-hazards emergency plan
■ Facilitator/instructor
and EOC Activation Plan for Laguna Woods Village in Laguna Woods, RELEVANT ACHIEVEMENTS
California. ■ Certified Emergency Manager
■ Ms. Lopez served as Project Manager in 2016 for the revision of the Local • California State Credentialed,
Hazard Mitigation Plan for the City of Orange,California, EOC Liaison Officer and EOC
Coordinator
• As an Assessor with the Emergency Management Assessment Program(EMAP),
Ms. Lopez evaluates Comprehensive Emergency Management Pians (CEMPy RESPONSE EXPERIENCE
for compliance with US Department of Homeland Security, NIMS, and FEMA • 1993 Laguna Beach Fire Storms
requirements. ■ 1994 Northridge Earthquake
• In 2016, Ms. Lopez headed the development of an Emergency Operations ' 2005 Chino Hills Earthquake
Plan and EOC Activation Plans for Coast Community College District and its • 2005 Prado Dam Seepage
five campuses. Ms.Lopez also headed the development of an EOC Activation ■ 2005 Anaheim Hills Landslides
Pian for Coastline Community College and its three campuses. She conducted ' 2008 OC Freeway Complex Fire
training for campus personnel, developed an EOC Tabletop Exercise, and ■ 2009 H1N1 Influenza Pandemic
Emergency Evacuation Drill, and created corresponding exercise
documentation.
• In her tenure as the Director of Emergency Management for the Anaheim Fire & Rescue Division from 2003 to 2015, she
designed and managed the City's dedicated Emergency Operations Center(EOC)and served as the EOC Liaison and EOC
Manager. Ms. Lopez developed and managed comprehensive all-hazard disaster preparedness and response programs
working with all levels of government and the private sector. Ms. Lopez served on the Anaheim/Santa Ana Urban Area
Security Initiative (UASi) committee representing the Northern Region Emergency Managers. She has delivered local and
regional training on EOC Operations and on the National Incident Management System.
■ At the City of Santa Monica,Ms.Lopez served as the Emergency Coordinator. In addition to the City of Santa Monica being a
major tourist site in California,during her tenure, the City of Santa Monica hosted a number of high profile events including
presidential visits and the National Democratic Convention. She coordinated the first measureable employee preparedness
pledge drive,"When it Rocks,Are you Ready to Rol lT,and co-produced an educational emergency preparedness video titled
"Before Its Too Late". Ms. Lopez also served as the "Area A Representative" for the Cities of Beverly Hills, Culver City,
Malibu, Santa Monica,and West Hollywood and provided congressional testimony on their level of preparedness following the
911 terrorist attacks.
• Ms. Lopez led the development and implementation of emergency operations plans, training, and exercises for the Orange
County Fine Department and the Orange County Sheriffs Department, She served as the Project Manager for the design of
the Orange County Emergency Operations Center and served as EOC Liaison with State and Federal officials during
disasters and the recovery process.
EDUCATION
Master of Arts,Public Administration,Webster University
Bachelor of Arts,Communications,Maryville University
Certified Emergency Manager(CEM), International Association of Emergency Management
Assessor,Emergency Management Accreditation Program(EMAP)
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page ' S
Denise S. Davis,CEM
EXPERIENCE OVERVIEW
■ Ms. Denise Davis has extensive experience in emergency management,
establishing her expertise serving in local governments and as an emergency
IENCE HIGHLIGHTS
management consultant for a combined total of 31 years. She specializes in YEARS OF EXPERIENCE
developing Emergency Operations Plans,Hazard Mitigation Plans, Continuity 31+
of Operations Plans, Gap Analyses, Interoperable Communications Plans,
EOC manuals and functional annexes, and the development and conduct of AREAS OF EXPERIENCE
training and exercises. ■ Emergency Operations Planning
19 Hazard Mitigation Planning
RELATED EXPERIENCE&LEADERSHIP ■ Continuity of Operations Planning
■ From.lune 2018 to present, Ms. Davis serves as the lead project planner ■ Emergency Operations Center
for the City of Pico Rivera Hazard Mitigation Plan project.She is leading all Training&Exercise
City and stakeholder meetings,developing the written text of the plan and v Interoperable Communications
conducting the public outreach. From September 2017 to May 2018, She Planning,Training,&TICP
led the project to develop the City of Pico Rivera Whittier Narrows Dam ■ Stakeholder and Public Outreach
Inundation Evacuation Plan. Ms. Davis conducted all meetings with the
City and stakeholders, worked with the U,S. Army Corp of Engineers on REGISTRATION SIAFFILIATIONS
dam specifics,and developed the written text of the plan. ■ Certified Emergency Manager
■ As Lead Planner and Public Outreach Lead for the City of Los Angeles • California State Credentialed,EOC
Hazard Mitigation Pian from December 2016 to December 2017, Ms, Liaison Officer and EOC Coordinator
Davis assisted the project manager in leading the multi-department KEY TRAININGICERTIFICATION
planning team through the process of mitigation planning, collecting
information for the plan,and guiding the planning team in decision-making. • C,S.T.1. Outreach In
Ms. Davis worked with the City's Emergency Management Department to SEMSINlMSJICS Combination
Instructor
guide the Steering Committee to determine the mission, goals and Course,EOC Section Specific
objectives, and mitigation actions for the plan. She conducted public Courses&Exercises,from 2015
outreach at several events within the City to gather citizen support and Interoperable Communications Web-
recommendations. based Course Desi gnerfor Cal SIEC
Southern Planning Area
■ Ms Davis managed and developed a Continuity of Operations Pian EDC Course Designer and Instructor
(COOP)for the City of Santa Rosa and its 12 departments. This included
development of 12 annexes, one for each department, that serve as
individual COOPs far the departments. She conducted the data collection through a proprietary workbook and interviews with
each department representative.The project concluded with a scenario based workshop to bring department representatives
together to discuss continuity management,decision-making,and resources for use across the City.
• From March 2016 to May 2017, Ms. Davis led a project to revise the Emergency Operations Plans for the Cities of Livermore
and Pleasanton.She conducted interviews with each department in both cities to collect data for the plan revisions. Each plan
met the requirements of the Cal OES EOP Crosswalk, CPG 101 version 2. Both EDPs were completed and a workshop was
held to bring awareness of the plan to the City.Both EOPs were adopted by the respective City Councils and by Cal OES,
• Ms. Davis led a City of EI Segundo planning team from May 2014 to January 2015 in the development of a hazard mitigation
plan and served as the project manager.She was solely responsible for developing the plan.The City GIS conducted the risk
assessment using Hazus.The plan identified 27 mitigation actions to be implemented by the City.
EDUCATION
B.S.Vocational Arts,California State University,Long Beach,2010
Certified Emergency Manager(CEM), International Association of Emergency Management,from 2012
California Emergency Services Association, (CESA),from 1998
Orange County Emergency Management Organization,(OCEMO),from 1990
City of San Juan Capistrano Proposal for LHMP Revision
E L A page 19
David A. Lopez
EXPERIENCE OVERVIEW
Mr. Lopez is a retired Orange County Fire Authority Captain with over 33 EXPERIENCE HIGHLIGHTS
years of experience in emergency response and specialized operations. He
has 10 years of experience on a CalFire Type 1 Incident Management Team YEARS OF EXPERIENCE
and has over 19 years of experience in developing Emergency Operations 33+
Plans and Hazard Mitigation Plans.
RELATED EXPERIENCE&LEADERSHIP AREAS OF EXPERIENCE
• Firefighter/Fire Captain. Mr. Lopez started his career as a firefighter • Training Course Development
with the Orange County Fire Department in 1983. He promoted to the " Training Course Instruction
rank of Captain in 1989 and is certified in EMT-1, Hazardous Materials • Firefighting&Fire Management
Response, Rescue Systems 1&2, Confined Space Rescue, Swift Water " Fire Aviation Management
Rescue, and Helicopter Rescue Operations, In that capacity, he also . Helicopter Rescue Operations
served as an instructor in each of his certified skills.
• Hazardous Materials Response Team, Mr. Lopez is a certified RESPONSE EXPERIENCE
Hazardous Materials Specialist, He assisted in the development of the • 1985 Fricker Fire,Anaheim
Hazardous Materials Specialist curriculum in the 1980s and has
extensive experience as a hazardous materials response team 1893 Laguna Fire Storm
instructor. Mr. Lopez has performed Level-A entries on several large • 2003 Old Fire, San Bernardino
scale hazardous materials incidents. " 2007 Harris Fire, San Diego County
• Helicopter Program/Air Operations, While with the Orange County • 2008 Freeway Fire Complex,Yorba
Fire Authority, Mr, Lopez was instrumental in creating the first fire and Linda
rescue helicopter program following the 1993 Laguna Beach Firestorm, " 2015 Butte Fire, Butte County
He developed departmental policy, standard operating procedures, and
training procedures. His efforts serve as the foundation for the current
all-risk Air Operations Program that operates 2 Bell UH-1 helicopters and 2 Bell 412 helicopters serving all of Orange
County and providing mutual aid throughout the State of California. Mr. Lopez served as the Senior Helicopter Crew Chief
from 1994 to 2016 and was the primary instructor for all new crewmembers during that time.
• CalFire Type 4 Incident Management Team. Mr. Lopez served on a CalFire Type 1 Incident Management Team from
2006 to 2016. Starting as an Air Support Group Supervisor, he was responsible for managing the ground support need for
firefighting helicopters and airplanes on large wildland fires throughout California and surrounding Western States. In 2009,
he elevated to the position of Air Operations Branch Director and was responsible for managing all strategic and tactical
aspects of the aviation assets on wildland fires that exceeded the capabilities of the local jurisdictions. As the Air
Operations Branch Director, he worked closely with the Command and General Staff in a unified command environment.
• Subject Matter Expert. Mr. Lopez has served as an Air Operations Branch Director as part of simulated Incident
Management Team in support of the US Army Guardian Response 2417 and 2018 exercise,This annual exercise tests the
readiness of the US Army's CEBRE, US&R, and Hazard Materials response capability as part of the Defense of Defense
(DoD)Support for Domestic Disaster Assistance.
• Plan Development, Mr. Lopez has assisted in the development of several Emergency Operations Plans and Hazard
Mitigations Plans. He uses his computer skills to organize information, create customized illustrations, create intelligible
map products,and to format the final product.He has also served as lead controller in EOC training exercises.
TRAINING&CERTIIFCATIONS
• Fire Fighter 1,California State Fire Marshal
• Certificate, OCFA Leadership Institute
■ ICS: 100,200,300,400
• HEB1/HEB2, HLCO,ASGS,AOBD
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page 110
Section C — Budget {Item 4,4}
Tack 7 Kic hCtt tAaeling .
IFsnmatad 9ma for Inin mak assumes Irevel bme-pre arsdon tme.and laid mconnaiasance lime a%rthe maa6ng,
1
STery i-A Mvebog Pmparadon 4 5125 3506
Step 1-8 1-8c9ttabur1 of Kickoff Moa eng 4 Sf25 $500
STep 1'-C Uacumel:lalun 2 5125 3250
Tasi12 Doc.mynt Review and City 5taft Wand ng M—LI h4
Yep P-A Revco—I-LFPp view it oc erne r iwas n rely VAnl In hazard rtlibgahon in Uangn Count'and the surm and ing area 10 5125 $2,256
City 5fafr Wo rkrng Meebn¢5 $125 51,U06
fLsortiatetl bme lar a taak ass um os aa-1 vm o,wept—fi me and hold Aron asnr p+e meaGng]
Task 3 Administrative Oran Harard Mitigation Plan Preparation
Stop 1A llozard ioendllcason+l'do iidzabon and Prp41e Pmsenmfion 24 $125 $3,000
LHMP Team Meeang 01 a $125 sl.r 1
SW 3-8 AdOltional Harrod k"ration a 5125 51.000
Srep 3-C Mi5g At—Prpg M$B iJAW StaMQ les 12 $125 $1,500
LHMP Team Meellpng#2 a 3725 51,000
4ep 3D UpdoW CapabititealPlan Mowntanance 20 S126 52,500
LHMP Teem Meeling#3 a 5125 51,000
Step 3•E CDmimcl Ad minis lava Du A lI-IMP 40 $125 $5,000
Step 3F Prescnl Adminis eadve Oran LHMP b Ciy Scott for Review and Cunwn"Ia 2 $126 SYSO
Task 4 Drag Hazard MArgation Plan Prepualloa
Slurp 4 A Review Ciy Comments and Prepare urate Documonl 16 3125 $2,000
STAp d-B Solicit Public Input And CAmmomns a $125 $1,000
Srep 4-1-'
Card—t t'ubl is Vutru WI,Mao ling9 24 $125 33,006
crap 4-n complale FEMA Plan Ravivw Tool 12 3125 55,506
Seep 4 E Pias a nl Dmh Plan m City Staff for huh rnift In Cal OFS 2 5125 $250
Task 3 Final Harard Millpation Plan Preparalion
Shp S-A Car IDES &FEMA Comments 2 $125 5230
Sfap 5.8 Prase int nnal Draft LHMP b Ciy Staff for Sub mieal to FEMA 2 $125 5750
Slee 5-C City Council Pmsanufian Assistance 4 $125 $500
TCW Homs 236 TIAN Cost. $79,SOC
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page 111
Section D — List of References for Similar Services Provided (item 4.5)
Tim Moy, Director of Security Services, Laguna Woods Village, (949)597-4488.
Alan Velasco,Fire Captain,City of Orange Fire Department,(714)915-7873.
Scott Berg, Manager, Disneyland Security Operations,(760)221-1630
Mike Hooper,President, Willdan Homeland Solutions, (714)403-1.397
City of San Juan Capistrano Proposal for LHMP Revision
E L A Page a12
Section E - Project Schedule
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B Facil bite the lOdkff Meering M4
C :reale aocurrerttalb t Rmcess 22
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A Revien•and Resm reh
B -,RlSlaff+ndrrdual War-0ng Mmt[Vs 9
3 Propm A*Mrd radro bract llxeard Ml SW=Plan i U-ala;Fig.it r-ask 3
A Hazard We-.%bF=fiun piioriCmQn and Pro`de Ntsentat on ?#
Hazard Midgadon Flaming?earn Meeting Ni
B AddiUara'Harard iraegr3Con �&
Hamrd Mib'gaden 4annbV Tin Meefire 92 3
C MitigatizaI'mgreswNen�lratgies }
D L'pd3M`.apahil ties,Pan Ma:ntelanee
Hazard Mlitigation MamingTewn Mew6ig K3 &
E :anstructA*,VV rr ff v+]mit Plan a
F Pr2sentAdrmirrishrativa Draft_HidPto City S:aF fcr 3eviev,nrd Cans--rt
A pnp m p, h LNW TOW Mrs,low Task a
A Review and kugra'e Cxrr is f"City Slzff a-t;he..ft L-lfP [�5
B )aircia Pubic lnprt and;onffwmh �8
C Zarsdr:st Pu 6 is 9uheach FAEelirg{s}
21
D Zorpwle F€UA Plan Review Tool tl�
E Nmemt Draft LHMP tq Gly Staff for 5ubmitwi to G°4E5 02
J7+Stoll r,krnita?Trish IHmp to flet OSS
5 Ptapara Rmi;Omh LHMP Tpsal[in.'or Tarr 5
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B PreSertRralDmft_FMRIoCRy5tafffer5AatftI DPEMA
,'i�_<ro�}s`�rrirr Frno�Dmrk}i1f F:o FFhfA �
G -r^r C:urriI Wwenta*m Assistaxe !a
City of San Juan Capistrano Propasal for LIMP Revision
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of OCTOBER 24, 2018 by and between the
City of San Juan Capistrano, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92075 ("City"), and ELLEN LOPEZ & ASSOCIATES, an EMERGENCY
MANAGEMENT CONSULTANT - CORPORATION, with its principal place of business at 4480
Elder Avenue, Seal Beach, CA (hereinafter referred to as "Consultant"). City and Consultant
are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A City is a public agency of the State of California and is in need of professional
services for the following project-
Preparation of Local Hazard Mitigation Plan Update (hereinafter referred to as "the Project")_
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1, Services.
Consultant shall provide the City with the services described in Exhibit "A" Scope of
Work,
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B.'
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $29,500. This amount is to cover all
related costs, and the City will not pay any additional fees far printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
I
ATTACHMENT 4
the following manner a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the Scope of Work.
Such amendment shall not render ineffective or invalidate unaffected portions of this
Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written Notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder and completed no later
than January 30, 2020. The Notice to Proceed shall set forth the date of commencement of
work.
6. Delays in Performance,
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with ail applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement,
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Sub consultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and sub consultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. in
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent,
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(5) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteer's additional insured status.
(w) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
G. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
`Workers Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all sub consultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d Intentionally left blank
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e. Minimum Policv Limits Required
{i} The following insurance limits are required for the Agreement
Combined Single Umit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
5 or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i} Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement; the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any roamed insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) Ail required insurance coverages shall contain or be endorsed to
waiver of subrogation in favor of the City, its officials, officers, employees, agents, 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 own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its sub consultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
{i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(ii) Each such policy shall be from a company or companies with a
current A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through surplus
line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) if at any time during the life of the Agreement, 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 amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Sub consultant Insurance Requirements. Consultant shall not allow any
subcontractors or sub consultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or sub consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub consultants.
12. Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of
City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers. and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant., its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant's services, the
Project or this Agreement, including without limitation the payment of all damages, expert
witness fees and attorney's fees and other related costs and expenses. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the
City, its officials; officers, employees, agents, or volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1774 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance' projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,044 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all sub consultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 4771.4.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771,1, the
Consultant and all sub consultants performing such services must be registered with the
Department of industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any sub consultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work
7
performed on a public works project that is exempt pursuant to the small project exemption
specified in labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14. Verification_of Employment Eh_ ibihty
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all sub consultants and sub-sub
consultants to comply with the same.
15. laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement, including without cause, by giving ten (10) calendar days written notice to
Consultant. In such event, City shall be immediately given title and possession to all original
field notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work completed
prior to termination. If said termination occurs prior to completion of any task for the Project for
which a payment request has not been received, the charge for services performed during such
task shall be the reasonable value of such services, based on an amount mutually agreed to by
City and Consultant of the portion of such task completed but not paid prior to said termination.
City shall not be liable for any costs other than the charges or portions thereof which are
specified herein. Consultant shall not be entitled to payment for unperformed services, and
shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
8
18. Organization
Consultant shall assign ELLEN LOPEZ as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City,
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
CITY OF SAN JUAN CAPISTRANO ELLEN LOPEZ AND ASSOCIATES, INC.
32400 PASEO ADELANTO 4480 ELDER AVENUE
SAN JUAN CAPISTRANO, CA 92675 SEAL BEACH, CA 90740
ATTN: LYNN MATA, ATTN ELLEN LOPEZ, PRESIDENT
EMERGENCY SERVICES MANAGER
CITY MANAGER'S OFFICE
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Emplovment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto, This is an integrated
Agreement.
24. Severabilit
The unenforceability, invalidity or illegality of any provisions} of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the Successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28, City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects,
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
30. Use of DHS Seal/Logo
Consultant shall not use the Department of Homeland Security seai(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval.
1[t
31. Compliance with Federal Law,_Requiat_ions and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Consultant will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
32. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any
obligations or liabilities to the City, Consultant, or any other party pertaining to any matter
resulting from this Agreement.
33. Program Fraud and False or Fraudulent Statements or Related Acts
The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Consultant's actions pertaining to this Agreement.
34. Access to Records
(a) Consultant agrees to provide Cal OES, the City, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representative's access to
any books, documents, papers, and records of the Consultant which are directly pertinent to this
Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
(b) Consultant agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(c) Consultant agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being
completed under the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ELLEN LOPEZ AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO ELLEN LOPEZ AND ASSOCIATES, INC.
By: By:
Benjamin Siegel
City Manager Its:
Printed Name: zF1'/&-1
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
SCOPE OF WORK
The mitigation plan seeks to provide resources, information and strategies for risk
reduction, while helping to guide and coordinate mitigation activities in the City of San
Juan Capistrano. The plan must meet the requirements for mitigation pians identified
in 44 CFR §201.6.
The selected Consultant is required to provide the following tasks and services.
Engage in the planning process, as more fully described in FEMA's Local Mitigation
tt ion
Planning Handbook, dated March 2013, including, but not limited to:
3.1 Identification of hazards unique to the jurisdiction and not addressed in the
master planning document;
3.2 The conduct of a vulnerability analysis and an identification of risks, where they
differ from the general planning area;
3.3 The formulation of mitigation goals responsive to public input and development
of mitigation actions complementary to those goals. A range of actions must be
identified specific for each jurisdiction;
3.4 Demonstration that there has been proactively offered an opportunity for
participation in the planning process by all community stakeholders (examples
of participation include relevant involvement in any planning process, attending
meetings, contributing research, data, or other information, commenting on
drafts of the pian, etc.);
3.5 Documentation of an effective process to maintain and implement the plan;
3.6 Documentation of participation in the National Flood Insurance Program (NFIP),
continued compliance with NFIP requirements, and address NFIP insured
structures that have been repetitively damaged by floods.
3.7 Formal adoption of the Local Hazard Mitigation Pian by the jurisdiction's
governing body and submitted to State Hazard Mitigation Officer.
The Consultant must assist the City in updating local hazards; updating mitigation
goals and strategies and identifying projects that enable the City to prepare for and
reduce the impacts of a disaster by developing a comprehensive Local Hazard
Mitigation Plan. The Consultant will lead in the preparation of the Plan; however,
members of a Planning/Steering Committee will provide input, information, and
comments throughout the development of the Plan.
The selected Consultant is expected to provide monthly detailed documentation of
13
time spent developing the Plan and to adhere to a strict budget that allows for hourly
staff time and costs. To ensure that development of the Plan is consistent with the
budget provided, the City's representative will meet periodically with the Consultant
and Planning/Steering Committee members to monitor the expenditure of funds and
progress of work.
Bidders must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps must include:
(1) Racing qualified small and minority businesses and women's business
enterprises on the Bidder's solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises,-
(4)
nterprises;(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
(5) Using the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
in compliance with the National Environmental Policy Act (NEPA), this project has
been determined to he categorically exempt (CE) from either an environmental
assessment or environmental impact statement.
A contract award will not be made to any party listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Camp., p. 235), "Debarment and
Suspension."
Work must be completed no later than January 30, 2020-
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EXHIBIT B
Schedule of Charges/Payments
The selected Consultant is expected to provide monthly detailed documentation of time spent
developing the Plan. To ensure that development of the Plan is consistent with the Scope of
Work and timeline provided, the City's representative will meet periodically with the Consultant
and Ranning/Steering Committee members to monitor the progress of work. This is a fixed
price contract.
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