22-0215_JACOB GREEN & ASSOCIATES, INC._Agenda Report_E10City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Charlie View, Assistant City Manager
PREPARED BY: Lindsey Stigall, Senior Management Analyst
DATE: February 15, 2022
SUBJECT: Professional Services Agreement with Jacob Green & Associates,
Inc. for Emergency Management Services; and Appropriation of
Funds
RECOMMENDATION:
1.Approve and authorize the City Manager to execute a Professional Services
Agreement with Jacob Green & Associates, Inc. for Emergency Management
Services; and,
2.Appropriate $4,000 from the General Fund and $5,000 from proceeds of the
charitable grant received from SDG&E for emergency preparedness; and,
3.Waive the formal bidding process pursuant to Municipal Code section 3-4310(e).
EXECUTIVE SUMMARY:
The City’s emergency management responsibilities include preparation and
administration of various emergency plans, oversight of the City’s Emergency Operations
Center, training City staff who may be called to service in time of disaster, conducting
emergency exercises in coordination with outside agencies, oversight of the City’s
volunteer groups, and supporting residents and businesses in emergency preparedness.
These are essential functions of the City and also support the County of Orange
Operational Area. These services are currently provided by a part-time Emergency
Manager and overseen by full-time City staff. Staff is recommending the City Council
approve a Professional Services Agreement with Jacob Green & Associates, Inc. (JGA),
transitioning from “in-house” to contract emergency management services. JGA has a
team of professionals with extensive experience in emergency management and strong
relationships with County, State and Federal Agency counterparts.
2/15/2022
E10
City Council Agenda Report
February 15, 2022
Page 2 of 4
DISCUSSION/ANALYSIS
Emergency services is an essential function of the City and involves preparing for,
responding to, and recovering from various forms of disasters such as fires, floods and
earthquakes. Over time the City has transitioned from a full-time to a part-time Emergency
Services Manager with some of the emergency management functions supported by the
Senior Management Analyst in the Community Services Department. Like many of our
surrounding cities, staff believes it is appropriate to now transition these duties from a
part-time staff member to a firm specializing in emergency management. The proposed
transition would enhance service to the community and strengthen support with partner
agencies.
JGA is an Orange County-based emergency management firm whose team consists of
highly experienced emergency management professionals. In Orange County, JGA
currently serves the Cities of Dana Point, San Clemente and Lake Forest. The principal
of JGA, Jacob Green, is the former Assistant City Manager in San Juan Capistrano and
is very knowledgeable of the City’s current emergency management program, response
plans, and hazards facing the community. Should the Council approve the recommended
action, JGA would have the ability to coordinate efforts between the four jurisdictions,
promoting efficiencies in planning and mutual aid during emergency training and
response to disaster events. Additionally, JGA’s experience with county, state and federal
agencies will enhance the City’s emergency preparedness and response operations.
JGA’s proposal addresses three primary functions as listed below. The proposal also
includes assistance with grant preparation, attendance at recurring County emergency
management meetings, and expert guidance as needed by the City.
• Program Assessment – Overall assessment of the City’s emergency
preparedness program. Annual analysis of various emergency plans to ensure
compliance with county, state and federal regulations. Review of organization
structure and completion of a Gap Analysis covering planning, equipment, training,
and exercises. Development of a 12-month Emergency Management Work Plan.
If core emergency plans are identified as outdated, JGA will create and/or update
them as needed.
• Program Administration Conduct ongoing trainings focused on adopted state
and federal policies and readiness guidelines to operate a functional Emergency
Operations Center (EOC) during a disaster. Review and provide training to support
the County’s Emergency Operation Plan.
• Volunteer Program Support – Support CERT, LART and RACES instructors with
design and implementation of training programs, and administration of activation
log materials and software.
The proposed agreement would be for a three-year term, with two optional one-year
extensions. Funding for services would come from savings from the part-time emergency
manager salary as well as grant funding provided by Southern California Edison for
emergency preparedness.
City Council Agenda Report
February 15, 2022
Page 3 of 4
Staff is recommending that pursuant to Municipal Code Section 3-4.3109(e), entering into
an agreement with JGA be declared exempt from the request for proposal process.
During his time with the City of San Juan Capistrano, Mr. Green oversaw the City’s
emergency management division, and his ability to provide specialized services and
familiarity with City operations cannot be provided by other firms. JGA also provides
similar services to our neighbor communities of Dana Point and San Clemente, which
offers increased partnership opportunities, service efficiency and cost sharing ability.
FISCAL IMPACT:
The JGA proposal is based on a monthly flat rate of $7,500, with an allowance for
additional costs to provide personnel to staff the City’s Emergency Operations Center for
specific emergency events, if needed. The cost for services for the remainder of Fiscal
Year 2021-22 totals $30,000. To cover the cost of these services, $21,000 is available
using savings from the part-time Emergency Services Manager position. The $9,000
difference between the Fiscal Year 2021-22 cost of the contract ($30,000) and salary
savings from the defunded position ($21,000) would be funded using a proposed $4,000
appropriation from the General Fund and a proposed use of the funds received from a
$5,000 SDG&E emergency management grant. The cost of services for future fiscal years
would be funded from the mix of resources available to the City for emergency
preparedness, as a part of the City’s annual budget process for each fiscal year.
ENVIRONMENTAL IMPACT:
The recommended action to approve a Professional Services Agreement with JGA for
emergency management services is exempt from CEQA per Section 15061(b)(3), the
general rule that CEQA applies only to projects which 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. Approval of an agreement for emergency
management services is not an activity with potential to cause significant effect on the
environment and therefore exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
PRIOR COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Jacob Green, President/CEO, Jacob Green & Associates, Inc.
ATTACHMENT:
City Council Agenda Report
February 15, 2022
Page 4 of 4
Attachment 1 − Draft Professional Services Agreement
1
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 1, 2022 by and between the City of
San Juan Capistrano, a public agency 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
92675 (“City”), and Jacob Green & Associates, Inc. an Emergency Management Firm with its
principal place of business at 13217 Jamboree Road, #248, Tustin, CA 92782 (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
Emergency Management Services (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 the Scope of Services
attached hereto as Exhibit “A.”
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 “A, page 11.”
b.Compensation for basic services (excluding the services set forth in 2.c. of
this agreement) shall be $7,500 per month for the first two years of this agreement, payable at
the rates as set forth in Exhibit “A, page 11”, attached and incorporated herein by
reference. Consumer Price Index (CPI) rates will be applied to the monthly cost beginning in
Fiscal Year 2023-24 for the remainder of the agreement term including each subsequent
extension. CPI rates will be based on the most recent twelve-month period made publicly
available by the U.S. Department of Labor as of the beginning of the fiscal year.
c. Emergency Operations Center. Upon the authorization of the City
Manager, Consultant shall provide personnel to staff the City’s Emergency Operations Center, at
the rates set forth in Exhibit A, page 6 and 7. Per the Consultant proposal, response is subject to
disaster conditions and position availability.
3.Additional Work.
ATTACHMENT 1
2
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 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. Term or Time of Performance.
The term of this Agreement shall be March 1, 2022, to March 1, 2025, unless earlier
terminated as provided herein. Consultant shall complete the Services within the term of
this Agreement and shall meet any other established schedules and deadlines. Upon staff review
of satisfactory contractor performance, and by mutual written consent, the City Manager is
authorized to approve up to two (2) additional one-year term extensions.
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 all 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
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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 Subconsultant
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 subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
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
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
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(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 in the amount called for in the Agreement and in a form and with insurance
companies acceptable to the City.
c. 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 subconsultants 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. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
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Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $500,000 limit, which can be through a personal auto
policy applicable only to the Consultant
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
Workers’ Compensation $1,000,000 per claim
(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-S 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 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 named 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
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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) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a 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
subconsultants.
(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:
(1) 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.
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(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. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants 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
subconsultants 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 subconsultants.
12. Indemnification.
a. 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.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 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 $1,000 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 subconsultants 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
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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 1771.4.
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 subconsultants 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 subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work 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 Eligibility.
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 subconsultants and sub-subconsultants to comply with the
same.
15. City Material Requirements.
Reserved.
16. 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.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving thirty (30) 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
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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 ninety (90) calendar days’ written notice to City .
18 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.
19. Organization
Consultant shall assign Raymond Cheung, Director of Emergency Management
Innovation, as Project Manager. The Project Manager shall not be removed from the Project or
reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. 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:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Benjamin Siegel, City Manager
CONSULTANT:
Jacob Green & Associates, Inc.
13217 Jamboree Road, #248
Tustin, CA 92782
Attn: Jacob Green, President/CEO
and shall be effective upon receipt thereof.
22. 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.
23. Equal Opportunity Employment.
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
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. 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.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. 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.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. 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.
30. 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, n o
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.
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[SIGNATURES ON FOLLOWING PAGE]
Jacob Green
President and CEO
October 30, 2021
Benjamin Siegel, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Siegel,
Thank you for reaching out regarding your needs for emergency management services. Our team
at Jacob Green & Associates, Inc. (JGA) enjoyed learning about your vision for the future of San
Juan Capistrano’s emergency management program.
We have reviewed the program status material you provided and understand the City has a
strong track record of emergency management success. Given the City’s current exemplary
status, JGA will include, at no additional charge, $75,000 worth of plan writing services. This will
include updating the City’s Emergency Operations Plan (EOP) on an annual basis, and writing a
new Recovery Plan and Continuity of Operations Plan for the City.
As an Orange County emergency management firm, JGA is familiar with the City of San Juan
Capistrano and the City’s Emergency Management Program. Company CEO Jacob Green helped
build the City’s Emergency Management Program from 2016 to 2019, after an extensive career
in emergency management and city administration. Additionally, JGA Team members have over
150 combined years of emergency management experience in Southern California as well as
strong relationships with your County, State Office of Emergency Services (OES) and Federal
Emergency Management Agency (FEMA) counterparts. JGA is the only Orange County based
firm providing monthly, comprehensive emergency management services to handle day-to-day
administrative responsibilities while building your City’s long term resilience.
Our proposal is divided into three recurring annual objectives described below: #1) Program
Assessment #2) Program Administration, and #3) CERT/LART Program Support.
We look forward to partnering with you on this very important endeavor.
Sincerely,
Jacob Green, President & CEO
Jacob Green & Associates, Inc.
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EXHIBIT A
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ANNUAL SCOPE OF WORK
Emergency Management Services
OBJECTIVE #1: PROGRAM ASSESSMENT
Gap Analysis, Emergency Management Work Pla n
JGA will annually conduct a thorough analysis of the current state of the City’s Emergency
Management Program, led by Tony Coletta, veteran Southern California municipal emergency
management director. A review of the City of San Juan Capistrano’s organizational structure,
municipal code (San Juan Capistrano Municipal Code – Title 4, Chapter 1 – Emergency
Preparedness), and relevant plans and policies will be initiated. The result of this assessment will
be to identify critical vulnerabilities in the City’s emergency preparedness and core emergency
program elements.
The Gap Analysis is conducted using the POETE Model which assesses Planning, Organizing,
Equipping, Training, and Exercising capabilities. The results are presented in a 3–4-page concise
report, summarizing the findings of issues identified in POETE. The Gap Analysis is used to inform
emergency management program improvements, including the identification of any State or
Federal mandates that may be incomplete, in addition to funding opportunities that may be
untapped.
This task also involves the development of a 12-month Emergency Management Work Plan. The
Work Plan is organized using the POETE model and identifies critical tasks by priority and by
timeline. The resulting Work Plan is a schematic to be used as a tool for the City Manager ,
Assistant City Manager, and Chief of Police Services, to execute and track critical preparedness
and capability improvements.
OBJECTIVE #2: PROGRAM ADMINISTRATION
Training & Exercise Program, EOC Readiness Support
Training & Exercise Program
On a continuous basis, the JGA team will be focused on implementing emergency management
activities to maintain City Council and staff readiness. Core emergency management trainings
and exercises for Elected Officials, Department Heads, Senior Officials, and the Emergency
Operations Center Response Team will be developed and implemented.
Trainings are focused on ensuring staff can competently activate the jurisdictional Emergency
Operations Plan, understand and are able to execute their disaster roles and responsibilities, and
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operate effectively within the Emergency Operations Center. Exercises are designed to validate
EOC training delivered as part of this task.
Training #1 – Disaster Response for Senior Officials (City Council, City Manager, Assistant City
Manager, City Attorney)
Consistent with SEMS/NIMS/ICS protocols, a training course will be provided to ensure top City
elected and appointed officials understand the fundamentals of the systems and infrastructure
designed to support emergency response. This includes:
•The purpose and scope of ICS/SEMS/NIMS
•Common terminology associated with ICS/SEMS/NIMS
•Basic elements of ICS/SEMS/NIMS law
•The five levels of organization within ICS/SEMS/NIMS
•The functions and basic concepts of ICS/SEMS/NIMS
•Attributes and purpose of the EOC
•Senior Official’s role in preparedness, response, and recovery
•The importance of training in ICS/SEMS/NIMS
•Overview and activation of the Emergency Operations Plan (EOP)
•Overview and activation of the Emergency Operations Center (EOC)
Training #2 – Emergency Operations Plan (EOP) Orientation Training
City staff and other EOC responders will be trained in the City Emergency Operations Plan (EOP)
which will be updated by staff if determined durin g the Gap Analysis phase. The EOP provides
the City team with a framework for responding to major emergencies and disasters. Staff will be
trained in the various requirements outlined in the EOP and activation protocols. This includes:
•Review of potential hazards
•Authorities and department responsibilities
•Outside jurisdictions and organizations with which planning and emergency
response activities are coordinated
•Organizational structure to manage the emergency response
•Preplanned response actions to be taken by emergency personnel to mitigate the
effects of a disaster
•Process of disseminating emergency information and instructions t o the public
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•Resources available to support emergency response activities
Training #3 – Emergency Operations Center (EOC) Section & Position Training
City staff and other EOC responders will be trained on EOC SEMS Sections and EOC position
specific responsibilities. These five sections include Management, Operations, Finance &
Administration, Planning & Intelligence, and Logistics.
Topics covered will include:
•Levels of EOC activation
•Organizational structure of the EOC
•EOC Priorities & Actions
•EOC Section Specific Considerations
•Continuity of Operations
•Position Tools & Resources
•Position Roles and Responsibilities
Exercise #1 – Emergency Operations Center Tabletop Exercise (TTX)
Utilizing the City’s Emergency Operations Plan (EOP), combined with input from a pre-exercise
planning team virtual workshop, a table-top exercise will be designed and executed. Lessons
learned from the TTX will be used to develop a future functional exercise. Focus shall be on
creating a low stress, inclusive table-top educational environment providing staff with a hands-
on understanding of the EOP and EOC response.
Exercise #2 – Emergency Operations Center Functional Exercise
Incorporating lessons learned from the TTX, an EOC Functional Exercise shall be created and
implemented to further test the City’s EOP and Emergency Management team. The Functional
Exercise may use the same general emergency event scenario but will include variations to
provide problem solving challenges for all participants. The functional exercise shall provide an
opportunity for all participants to utilize available technology, tools, resources, and the EOC
facility to solve incident challenges and provide best practice response approaches in real time.
A debriefing will be held to solicit participant feedback and a 3-5 page after action report
summarizing exercise accomplishments will be provided to the City. This AAR shall also include
any recommendations for the City’s future update of the EOP.
EOC Readiness
The JGA team will evaluate the City’s current Emergency Operations Center infrastructure and
work with the City to update the current environment to be consistent with best practices if
needed. Equipment, technology, furniture, and response protocols will be evaluated and
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protocol updates will be made to ensure a state of readiness. The JGA team will train City staff
in the activation and set up of the EOC environment.
Objective #3: CERT/LART PROGRAM ADMINISTRATION
The team at JGA will provide program support for the City’s Community Emergency Response
Team (CERT) and Large Animal Rescue Team (LART). This support will include:
•Assisting current CERT instructors with the design and implementation of CERT
Academies
•Designing and implementing continuing education virtual opportunities for CERT
graduates
•Managing community interest inquiries and maintaining CERT interest list
•Liaison with Orange County Fire Authority, Red Cross, and any external involved parties
•Marketing and communications support
•Registration management support
•Maintaining CERT active “call-out” list and communication with CERT personnel before
and during an incident
•Managing graduation logistics
It is understood that the City is working with other community partners to transition the LART
program to a regional and/or county program. JGA team members will assist with this transition
and ensure that all administrative, operational, and legal transition issues are addressed.
ADDITIONAL INCLUDED SERVICES
In addition to the services listed above, as part of the monthly fee, JGA will:
•Respond to emergency management inquiries from the County Operational Area, State
Office of Emergency Services, and Federal Emergency Management Agency on behalf of
the City.
•Attend Orange County Emergency Management Organization (OCEMO) meetings via
Zoom and/or conference call on behalf of the City.
•Provide expert emergency management guidance when called upon by the City.
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ADDITIONAL OPTIONAL SERVICES
A.Plan Writing Services
If identified during Objective #1 and if desired by the City, our team can develop and/or
update core emergency management plans. All plans and associated planning products will
be developed consistent with the most current state and national requirements or applicable
industry standard.
Core emergency plans consist of:
1.Emergency Operations Plan (will include at no additional charge)
2.Continuity of Operations/Continuity of Government Plan (will include at no
additional charge)
3.Recovery Plan (will include at no additional charge)
4.Hazard Mitigation Plan (adopted February 2021, five-year update cycle)
OPTIONAL PLAN WRITING SERVICES
Deliverable Scope of Work Estimated
Completion
Cost
Emergency Operations
Plan Update (EOP)
Update to the jurisdictional
Emergency Operations Plan
(EOP)
8 months
$35,000
Will include at no
additional charge
Continuity of
Operations/Government
Plan (COOP-COG)
Update of a jurisdictional
Continuity of
Operations/Government Plan
(COOP-COG)
6 months
$20,000
Will include at no
additional charge
Recovery Plan
Development of a jurisdictional
Recovery Plan as an Annex to
the EOP
4 months
$20,000
Will include at no
additional charge
Hazard Mitigation Plan
Update (HMP)
Creation of an updated
jurisdictional Hazard Mitigation
Plan (HMP)
Revised every 5 years
18 months $75,000
B.EOC Response/Support
If called upon by the City, JGA can provide support to all EOC positions, regardless of the size
or gravity of the incident. From gas leaks to evacuations, our team can provide your staff
with the EOC support necessary to mitigate the incident and ensure successful disaster
recovery.
Our team is based locally in Southern California and is prepared to support San Juan
Capsitrano’s emergency response effort during and after an incident. The billable rates
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below, which do not include any applicable travel or incidental expenses, will be utilized when
activated by the City. Response is subject to disaster conditions and position availability.
Emergency Operations Center staffing costs are reimbursable under the authority of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42 U.S.C.) as provided
by FEMA following a Presidential Disaster Declaration. Eligible emergency response activities
are authorized under FEMA’s Public Assistance Program - Category B-Emergency Protective
Measures at a federal share not less than 75% and up to 90%. Cost associated with the
Emergency Operations Center include material costs, operational costs, force account labor,
and contractual services. Eligible costs generally are those that are deemed reasonable,
ordinary, and necessary. FEMA encourages the use of pre-qualified contractors and pre-
disaster contracts consistent with provisions of 2 CFR 200.18 through 200.326. Jacob Green
& Associates encourages the use of pre-disaster procurement agreements and contracts as a
means of securing critical disaster support during extraordinary times when resources and
services are known to be scarce or unavailable due to the scope and magnitude of a disaster.
INCIDENT EMERGENCY MANAGEMENT / EOC RESPONSE SUPPORT
Position Hourly Billing Rate
EOC Director $250
EOC Coordinator $225
Public Information Officer $160
Operations Section Chief $225
Operations Section Support $130
Planning & Intelligence Section Chief $175
Planning & Intelligence Section Support $125
Damage Assessment Coordinator $165
Logistics Section Chief $175
Logistics Section Support $125
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SERVICE DELIVERY TEAM
JACOB GREEN, MPA
PRINCIPAL -IN-CHARGE
Jacob is a nationally recognized local government expert in emergency management and
organization/leadership development. Jacob helped build Emergency Management
programs for Santa Ana and Fountain Valley, and ultimately became the Emergency Manager for the City
of Ontario, California.
After serving in positions such as Police Administrative Director, Business Operations Director, and Deputy
City Manager, Jacob became an Assistant City Manager for the City of Ontario and ultimately the City of
San Juan Capistrano. Now President and CEO of Jacob Green and Associates, he serves as an expert trainer,
speaker, facilitator and coach, working with municipal clients, as well as private sector clients such as
Mattel, FedEx, Hyundai Capital, ADP and many others. In 2019, Jacob distilled his personal and professional
experiences into an Amazon Best-Selling book: “See Change Clearly: Leveraging Adversity to Sharpen Your
Vision and Build Resilient Teams.”
Jacob has received numerous awards for his leadership, including the National Caring Award, the Orange
County Human Relations Award, Most Inspiring Student at UC Irvine, and is the youngest recipient of the
Gene Lentzner Humanitarian Award. Jacob has his Bachelor of Arts in Social Sciences with a Minor in
Management from the University of California, Irvine, his Master of Public Administration (MPA) degree
from California State University, Long Beach, and was recently awarded an honorary doctorate degree from
Western University School of Health Sciences.
TONY E. COLETTA JR., MPA, CEM, MPM
SENIOR EMERGENCY MANAGER
Tony brings 25 years of expertise providing emergency management services, emergency
planning and hazard mitigation planning. His Emergency Management experience
includes instructing and course design, emergency operations center design, recruitment and succession
planning, strategic planning, grants management and performance management. Tony is a proven leader
skilled in problem solving, alliance building, and organizational communication that delivers results -
oriented solutions directed at tomorrow’s municipal challenges. He has built ultra-effective emergency
management teams, led multi-million-dollar regional homeland security programs and coordinated state-
wide public safety initiatives. Tony has authored best practice emergency plans, successfully leveraged
federal agencies and elected officials to maximize emergency management funding and lead the
construction of state-of-the-art emergency operations centers. His unique expertise in emergency
management has developed from over 25 years of managing or deploying to state and national level
disasters and from conducting on-the-ground assessments of international disasters in both Chile and
Japan.
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MIKE PELLETIER
SENIOR EMERGENCY MANAGER , DEPUTY FIRE CHIEF (RET.)
Mike Pelletier has over 27 years of experience working in the public sector, serving as a Fire
Deputy Chief his last six years. Mike served as the lead contract administrator, grant writer,
lead Public Information Officer, and lead project manager on numerous high-profile
projects. As a grant writer Mike has successfully written and been awarded numerous public safety grants
including Assistance to Firefighter’s Grants, UASI and Homeland Security grant proposals, and a $1.35
million dollar American Recovery and Reinvestment Act (ARRA) Fire Station Construction grant. Mike has
also overseen numerous projects that include the replacement of all frontline fire apparatus, complete
renovation of five fire stations, establishment of a temporary fire station, construction of a new fire facility,
and the final design and construction of a $10 million dollar fire training facility. Mike holds an Associates
Degree in Business Administration and a Bachelor’s Degree in Fire Administration.
DAVE BROWN, MA
SENIOR EMERGENCY MANAGER , POLICE CHIEF (RET.)
Chief Dave Brown [ret.] has served in California Law Enforcement for over 32 years. Chief
Brown has held command positions in every division of law enforcement and served as Chief
of Police for the Hemet, California police department from 2010 – 2017. He’s also served
as an Assistant City Manager and was tapped as Interim City Manager twice. Chief Brown was elected by
his peers to serve as president of the Riverside County Police Chiefs Association and has also held statewide
positions with the California Police Chief’s Association and the League of California Cities. In 2017, Chief
Brown was recruited by the City of Menifee, California (pop. 97,093) to lead a team in the creation of the
Menifee Police Department. As Interim Director of Public Safety, Brown conducted a comprehensive
analysis of the City’s public safety needs and developed an aggressive implementation plan that included
assisting the City Manager with the recruitment and selection of the City’s first Chief of Police.
NICOLI HILSCHER
EMERGENCY MANAGER
Nicoli Hilscher has over 20 years of experience in the United States Air Force with an
extensive background in Command and Control (C2), Emergency Management,
Leadership Development, Project Management and Instructional Development; holding
positions internationally in various levels of leadership. Nicoli has a Top Secret SCI security clearance and
has provided professional oversight on several classified operations throughout her military career. She is
a cross-functional leader overseeing operations, professional development, and recognition programs for
organizations ranging from 20 to 300 plus personnel. As a military instructor, she developed curriculum,
lesson plans, and measurement devices for multiple Community College of the Air Force affiliated courses.
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BRAD KAYLOR
SENIOR EMERGENCY MANAGER , POLICE CHIEF (RET.)
Chief Brad Kaylor was born and raised in Southern California. In 1988, he began his law
enforcement career attending the 93rd class of the San Bernardino County Sheriff’s
Academy. Upon graduation, Brad went to work as a patrol officer for the City of Claremont.
In 1990, he joined the Ontario Police Department. During his career, Brad was selected for a variety of
assignments that included; Gang Violence Suppression Unit, Vice/Narcotics team, Field Training Officer,
Criminal Intelligence Unit, Special Weapons and Tactics Team (SWAT), DEA Task Force Officer and later DEA
Group Supervisor. He promoted through the ranks and held supervisory/command positions in Patrol,
Investigations, Administration, and Special Operations Bureaus. Brad graduated from the DEA Drug Unit
Commanders Academy as well as the FBI National Academy. He holds a Bachelor’s Degree in Organizational
Management from the University of La Verne.
Brad served as the Deputy Chief of Police from 2010-2014 and was selected as the Chief of Police in 2014.
He served in the capacity until his retirement in 2018.
WILLIAM SIMMONS
EMERGENCY MANAGER
William has 10 years of experience in the United States Air Force as an Emergency
Manager, Exercise Director, Supervisor, Instructor, and Team Leader. William has been a
key contributor in planning, coordinating, and executing real world and simulation crisis
environments as a Command and Control Operator. In addition to his crisis mitigation experience, he holds
a Secret Clearance, and has held several positions in program creation and management throughout his
career. One of William’s most notable emergency management projects was his work with the
implementation of a nation-wide evacuation plan for civilian family members during the escalation of the
North Korean threat in 2017. The plan was successfully showcased in an exercise, during which 1.7k
residents were safely processed for evacuation.
William has a Bachelor’s in Homeland Security and Emergency Management and has completed over
twenty courses with the FEMA Emergency Management Institute.
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COST
Jacob Green & Associates will provide emergency management support to the City of San Juan
Capistrano focused on the Scope of Services as outlined in this proposal in the form of a monthly
fixed-fee of $7,500 per month (includes any applicable travel).
Exclusions
The following program expenses, if necessary, are not included in consultant fees and are the
responsibility of the City:
•Printing of program materials
•Venue rental fees
•Advertisement/marketing expenses
•Professional video/photography services
•Incident/EOC Response and associated expenses
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