HomeMy WebLinkAboutContracts & Agreements_216-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Updating the City of Redlands Emergency
Operations Plan and the Development of Support Plans for the Redlands Animal Shelter and the
Redlands Municipal Airport ("Agreement") is made and entered in this 18a` day of November,
2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")
and Jacob Green & Associates, Inc, a California corporation ("Consultant"). City and Consultant
are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In
consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide services for updating the City of Redlands
Emergency Operations Plan and providing Support Plans (Annexes) that provide
comprehensive guidance for specific department's role in supporting broader emergency
operations services for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City designates Rich Sessler, Fire Chief, as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit `B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
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4.2 The term of this Agreement shall be for a period of one (1) year commencing as of the
Effective Date, unless terminated earlier as provided herein.
4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant's performance of the Services shall be in the amount
of Fifty -Two Thousand Two Hundred and Fifty ($52,250). City shall pay Consultant in
accordance with Exhibit "C," titled "Fee Schedule Title" which is attached hereto and
incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section:
CITY:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Jacob Green, President
Jacob Green & Associates, Inc
1327 Jamboree Rd., Suite 24B
Tustin, CA 92782
jacob@jacobgreenandassociates.com
(626)755-5270
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
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Consultant. Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
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ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a parry, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terns and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 Either Party may terminate this Agreement, with or without cause, upon thirty (30) days'
written notice to the other Party. If this Agreement is terminated by City for cause, an
adjustment to Consultant's compensation may be made to reflect any direct, documented
costs to City arising from Consultant's material breach. During the notice period, the
Parties shall coordinate an orderly wind -down of work and deliverables. Within thirty
(30) days after the effective date of termination, Consultant shall provide City with all
project materials produced up to that date. Consultant shall be compensated for all
Services performed through the effective termination date in accordance with the
payment terms of this Agreement.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
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sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By: /0 / —
�4-- Mario Saucedo, ayor
ATTEST:
anne Donaldson, City Clerk
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JACOB GREEN & ASSOCIATES, INC
By:
Jacob Green. President
EXHIBIT "A"
SCOPE OF SERVICES
PROJECT OVERVIEW
Emergency Operations Plan: The City of Redlands is initiating an update to Its Emergency Operations
Plan (EOP) to strengthen preparedness, coordination, and operational readiness across all phases of
emergency management. This update will be guided by California Governor's Office of Emergency
Services (CalOES) planning requirements and FEMA's Comprehensive Preparedness Guide (CPG) 101
v.3.1, ensuring alignment with recognized best practices and federal standards, Planning documents will
Incorporate terminology and organirational structures consistent with modern emergency management
protocols, including SEMS, MIMS, and 1CS.
Support Plans: This project will include Support Plans (Annexes) for the Redlands Animal Shelter and
the Redlands Municipal Airport, The Support Plans will serve as annexes to the City's EOP Ease Plan,
Each Annex provides comprehensive guidance for a specific department's role in supporting the City's
broader emergency operations. Support annexes identify departments or agencies with supporting roles
during emergencies and outline the strategies those entities implement to fulfill their responsibilities,
Annexes will Include the purpose and scope, department roles and responsibilities, interagency and
multi -agency coordination concepts, readiness .activities, activation triggers, and the concept of
operations.
Project Outputs: Jacob Green and Associates UGA) will deliver a relevant and locally tailored, updated
all-hasards EOP that meets state and national standards while Focused on the unique needs of the City
and Its emergency operations team. JGA will also deliver fully hnplementable SAPS for the Redlands
Animal Shelter and the Redlands Municipal Airport.
Project Outcome: Upon completion of the project, the City of Redlands will be equipped with a
streamlined, operationally ready EOP that enables rapid coordination across departments and response
partners, The updated plan will enhance community resilience by Integrating existing City preparedness
plans with Industry best practices in emergency management. Furthermore, the Support Plans will
enhance the readiness of both the Redlands Animal Shelter and the Redlands municipal Airport.
PROJECT SCOPING, PLANNING, AND EXECUTION
JGA will conduct the following meetings with the project planning team and stakeholders.
1, Project Kickoff Meeting with the City's designated Project Manager
2. Project Kickoff Workshop with the City's Project Planning'ream (optional)
3. Standing ProjectManagement Meetings will occur every two weeks with City's designated
Project Manager
4, Subject Matter Expert Project Meetings will be conducted with those persons or agencies
having a lead role or a major tasking In the City's EOP
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EXHIBIT "B"
PROJECT SCHEDULE
PRO) ECT DELIVERABLES
IGA will deliver;
1. Updated Part 1 EOP (Base Plan)
a. Includes Part 2 EOP [Emergency Operations Center) Position Checklists,
2. Support Plans (Annexes)
a. City of Redlands Animal Shelter
b. City of Redlands Municipal Airport
PROJECT WORKPLAN
jGA's Project Team will follow a planning process in updating the Redlands FOP as identified in FEMA's
Comprehensive Preparedness Guide 101, ver, 3.1.1GA has refined this approach to ensure applicability
to local governments.
jGA's Workplan includes the following project activities:
Activity #1 update Emergency Operations Plan
• Six phases and one Optional phase
i PHASE 1: Project Initiation and Management 21 days 5%
1.1 Identify the Project Management Team
12 Conduct Project Kick-off Meeting
(Project Team)
1.3 Finalize Project5chedule
1.4 Identify the Planning Team f 5ME Team
1.5 Identify External Stakeholders, Cooperators, and
Assisting Agencies
1.6 Conduct Project Kick-off Workshop — optional
[Planning Team]
1.7 Conduct Regular Project Meetings
1.8 Provide Regular Project Status Reports
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2 PRASE 2. Data Collection and Analysis 21, days 545
21 Assess City Organization and
Community Capabilities
2.2 Assess City Municipal Code - Em,ergencyMgmt.
Chapter
2.3 Review Existing Preparedness & Hazard
Mitigation Plans
24 Collect and Review Informing and Supportive
City Documents
2.5 Assess Planning Gaps in Existing
Preparedness Plans
2,6 Develop Draft Plan Organization and Format j
17 Develop Final Plan Organization and format
PHASE 3. Develop Key an Elements 90 days so%
3.1 Develop Purpose and Scope
3.2 Develop Situation and Assumptions
3,3 Develop Concept of Operations
3,.4 Identify Activation Authority and Criteria
3.5 Identify' Primary and Alternate EUC
3.6 Develop Organization and Assigmnent
of Responsibilities
3.7 Develop Direction, Control, and Coordination
3 8 Develop lnfolenation Collection,Analysis, and
Dissemination
3.9 j Develop Communications Strategies
3110 Develop Mutual Aid and Resource lvlanagement
3.11 Develop Continuity of Government_ _ _
3,12 Identify COUP and COG Policies
3.13 11 Develop Access and Functional Needs Content
AB477 (2019), AB2311(2022), AB 2u45
(2022)
Develop Cultural Competence Content
+ S3160 (20119)
Develop Pet Sheltering Content
• AB 781 (2023)
Develop language Accoss Content
•_ _All 1638 (2023)
3.14 Develop Training& Exercise Content
3.1.5 Identify Plan Maintenance Schedule & Process
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4 PHASE 4: Plan Development Part 1)ease Plan 45 days 25%
4.1 Craft Pre -Decisional Draft #1
4.2 Draft 41 Content Editing & Proofreading
4.3 Draft #1 Formatting & Pagination
4.4 Draft #1 Send to Client for Review & Camtrients
4.5 Draft #1 Review & Comments Received from Client
4.6 Draft 91 Edits & Changes per Client
4.7 Craft Final Deliverable
48 Final Deliverable Quality Check
4.9 Final Deliverable Send to Client
5 PHASE 5: Plan Development-Part2 HOC 30 days 10'0
Checklists
5.1 Craft EDP Part 2 EOC Position Checklists
5.2 Content Editing & Proofreading
5.3 Formatting & Pagination
5.4 Final Deliverable Quality Check
5.5 final Deliverable Sent! to Client
6 PHASE 6: Plan Processing and Approvals 21 5%
6.1 Deliverable Acceptance by City
6.2 Adoption by City Council
7 PHASE 7: Training and Exercise (Optional)
Ti Planning Deliverable In -Brief Seminar 1.5 hr
7.2 Planning Deliverable Tabletop Exercise 4.0 hr
Activity #2 Support Annex flans (2)
• One phase
1 PHASE 1: Develop Support Plans (Annexes) 12 weeks 100%
1.1 Redlands Animal Shelter
1.2 Redlands Municipal Airport
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PLAN APPROVALS
No state or federal approvals are required for local government Fmergency Operations Plans
(EOPs) or Annexes in California, As such, any review and acceptance of the Updated ,plan will be and
Support Annexes coordinated solely with the City of Redlands to ensure alignment with local
priorities, operational needs, and stakeholder input.
Note: Draft planning documents are provided in a PI)F format for review rind comment,
PROJECT TIMrI INE
ACTIVITY
ACTIVITY DESCRIPTION
TIMELINE
I
Update Emergency Operations Plan
Weeks 1.32
2
Support flans (2) (Annexes)
Weeks 33-45
WORK LOCATION
+ All plan development activities will be conducted remotely,
Tralning & Exercise activities, It selected, will be conducted on site at the City of Redlands work
site.
a Stakeholder engagement activities will be conducted through a combination of virtual and hybrid
engagements.
ONSITE IN-PEKSON ACTIVITIES
JGA recommends the fallowing on -site in•person engagements:
1. Training& Exercise Activities (Optional)
a. Attendees; City executive lead0l'Ship team; City r mergency operations team.
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EXHIBIT "C"
Fee Schedule Title
Activity #1: Emergency Operations Plan -Update
$39,950
Activity #2: Support Plans (Annexes) — New
• Redlands Animal Shelter (1 x $6,150)
• Redlands Municipal Airport 1 x $6,150
$12,300
Total:
$52,250
Invoicing Schedule:
20%- Upon Project Kickoff
Monthly Progress Payments as Determined by JGA
Late Payment Fee
All invoices are due and payable within 30 days of the invoice date. Any invoice not paid within
30 days will be subject to late payment fee. A fee of 1.5% per month will be added to the
outstanding balance until the invoice is paid in full.
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EXHIBIT "Do
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
X I am aware of the provisions of Section 3700 of the 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 I will comply with such
provisions before commencing the performance of the work and activities required or
permitted under this Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
Jacob Green & Associates
By: Date: 11 /1212025
Jacob Green, President
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