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HomeMy WebLinkAboutEMA, Inc. - City Water System Vulnerability Assessment Study Security - Public Works Department $105,000 X: 6/1/2003 - 2002-11-17su ttyContracts Checklist for Submittal to City Clerk's .Office - (Please transmit this form when your contract is ready to b4`fli ed'in'the City clerk's office) To: Connie Brockway, City Clerk x54O4 1. Name of Contractor: EMA, Inc. 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Water System Vulnerability Assessment 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. June 1, 2003 4. Amount of Contract: $105,000 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES J'NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? 9'YES ❑ N/A OR Is the attached contract a SOLE SOURCE? ❑ YES ❑ N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? Q(YES PLEA INCLUDE: CITY CLERK'S OFFICE USE ONLY: oward Johnson - 5503 Name/Extension Public Works - Water. Department Date g:/forms/city clerk contract checklist.doc 0 su PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION Hunfin ' Uach o 1. Requested by: Water Division 2. Date: October 31, 2002 3. Name of consultant: EMA, Inc. 4. Description of work to be performed: Water System Vulnerability Assessment 5. Amount of the contract: $105,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 50685801.75300 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. R )eA4, f 13. Attach proposed payment schedule. 6x,A41f B ...'......_ .. - .._, ...7... �... Purchasing/Central Services 1 If the answer to any these questions is "No," the contract will require approval from the City Council. EMAI purchasing cert 10/31/2002 4:09 PM • U Black & Veatch 800 Wilshire Blvd., Ste. 600 Los Angeles CA 90017 (213) 312-3300 Tetra -Tech 16241 Laguna Canyon Rd., Ste. 200 Irvine CA 92618 Risk Management Professionals 28570 Marguerite Pkwy, Ste. 112 Mission Viejo CA 92692-3728 (949) 347-8622 Kappa Engineers, Inc. 1230 East 223rd St., Ste. 201 Carson CA 90745-4265 (310) 233-3800 Psomas 3187 Red Hill Ave., Ste. 250 Costa Mesa CA 92626 (949) 751-7373 Telemus Solutions 7600 Leesburg Pike, East Bldg., Ste. 310 Falls Church VA 22043 (703) 893-0550 Brown and Caldwell 16735 Von Karman Ave., Ste. 200 Irvine CA 92606-4953 (949) 260-6130 EMA, Inc. 1970 Oakcrest Ave. Si. Paul MN 55113-2624 (651) 639-5600 sU .` INSURANCE AND INDEMNIFICATION WAIVER Ti MODIFICATION REQUEST 1. Requested by: Public Works - Water 2. Date: October 3, 2002 3. Name of contractor/permittee: EMA, Inc. 4. Description of work to be performed: Water System Vulnerability Assessment 5. Value and length of contract: $105,000 6. Waiver/modification request: As noted on redline copy of contract (attached) 7. Reason for request and why it should be granted: The work involved is essentially a study. and will provide recommendations. No other deliverables (plans, specs, software, etc.) are required. 8. Identify the risks to the City in approving this waiver/modification: none noted Heaa Signature 1o13(6z. Date: If approved; :the cornoleted waiverlmodification request is to 00 submitted to the City Attorneys Office along with the contract for approval. Once the contract has been approved; Inciiranr.P A InrlPmnifiratinn Waivar 1(VR/?n09 A-4n AM XrtivWiaai� --- - - -- - —.�� ----- - - -- -- —� -- - — — 10/03/2002 IRODOCER (952)S45-1230 FAX (952)593-8733 American Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR S8S1 Cedar Lake Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 16S27 INSURERS AFFORDING COVERAGE Minneapolis. KN SS416-OS27 NSU�D ENA INC INSURERA' Continental Casualty Company 1970 OAKCREST AVE STE 100 INSURER a: ST PAUL. MN SS113 INSURER I, INSURER a INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WRH RESPECTTO WHICH THUS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR s TYPE OF INSURANCE POLICY NUMBER DAT! (MMIDDIYY) DATE(MMIODIM uMrTs GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLANS MADE OCCUR EACH OCCURRENCE s FIRE DAMAGE WW one fn) s MED W rAny one person) S PERSONAL a ADV INJURY s GENERAL AGGREGATE s GEN'LAGGREGATE LIMITAPPLIES PER: POLICY F1 JECr F1 LOG PRODUCTS -COMPIOPAGO s AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOs �PpRO u7 LIL HUB BY De A S TO FOEM r. , TEN I City UtY City At y(/�r 1 1 ttornOX orneY, COMBINED SINGLE LIMB Me =Wurd) s (Par pe DLILIRr (Per person) s BODILY INJURY �orocadenU s PROPERTY DAMAGE (Pere=WonU s CARAGELIABAI7Y ANY AUTO /m ( tJ �� AUTO ONLY-EAACCIDENT S OTHER THAN EAACC AUTO ONLY: AGO s S EXCESS uAIRLITY OCCUR CLAIMS MADE DEDUCTIBLE RETEmnoN s EACH OCCURRENCE s AGGREGATE s s s s ! WORK!AE COMPENSATION AND EMPLOYERS' LIABILITY TORY LOATTS ER EL EACHACCIOENT s E.L DISEASE - EA DAPLOYE9 s EL DISEASE - POLICY LIMIT S A THER rchitects/Engineers rof Liab (Claims ade EA006131381 01/01/2001 01/01/2004 S3.000.000.Each Clalm S3,000,000'Annual Agg OESCRIP710 I OF OPERATTONERMCATHOLM-EXCLUSIONS ADDED BY ENDORSEM N / PROVISIONS stet- System Vulnerability Assessment his policy covers the PROFESSIONAL SERVICES of the named insured for all projects A the limit of iability shown shall not be construed to be applied to this project only. ��•• • ••••• • • • •• AwmunAL InbuRErr I"UKftK a.e. I — • •-- . SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE 19SUING COMPANY WILLllM"WED MAIL 36 DAYS WRITTENNOTICETOTHE CERTIFICATE HOLDIRNAMED TOTHE LEFT. City of Huntington Beach Attn Ken Dills Rit7�PAk'A�f3AXNflfrX1F1(l14lR¢I�X8t9lIQOlit99Ji1Q7P1191l19i�9MHt9alllPltlQXX PO Box 190 iP7C411lP.lNPlFllxiPAIR�M(IRXiNX98lC�XT01f(1V71�FXXXXXXX Huntington 9ech. CA 92648 [AMZR EDREPRESPNTAT'IVE is Linder P56 nt-T-1 A—XISP 1 PI: 1 A 71 AA471 AA7 99Y. P.02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed: A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affinnatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. t OCT-19-2002 10:16 7149471067 9E3% P.03 City of Huntington Beach Certificate issued to City of Huntington Beach 10/03/2002 American Agency Inc 10/03/2002 The following cancellation wording supercedes any previous wording: "Should any of the above policies be cancelled. non -renewed or limit reduced by endorsement before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named." u QCT-18-2002 10:16 7148471067 9Bi P.04 f445'rgELW VL-S\ E I SV IV V1�VS... S 16.$/VSL.t E ■ SS�VV S ,.� 10/23/2002 PRODUCER (952)545-1230 FAX (952)593-8733 American Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 58 51 Cedar Lake Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Bo x 16527 INSURERS AFFORDING COVERAGE Minneapolis, MN 55416-OS27 INSURED EI4A INC INSURERA St Paul Fire & Marine 1970 OAKCREST AVE STE 100 INSURERB: ST PAUL, MN 55113 INSURERC:- INSURER D: _ INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR $ TYPE OF INSURANCE POLICYNUMBER DATE (MMIDDIYY) DATE (MMIDDNY) UMITS GENERAL LIABILITY K06310074 01/01/2002 01/01/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any aria fire) $ 100,000 X COMMERCIAL GENERAL LIABILITY N C L U D E S: CLAIMS MADE OCCURIONTRACTUAL ROAD FORM PD ►NED�(Any �P�) $ S.000 PERSONAL SADV INJURY S 1 , 000 , 000 A X XCU LIAB GENERAL AGGREGATE $ 2,000,000 PERATIONS OF SUBS- GEN'LAGGREGATE LIMIT APPLIES PER- PRODUCTS -COMPIOPAGG $ 2,000,000 ONTINGENT POLICY X JECT X LOC AUTOMOBILE LIABILITY X ANY AUTO K06310074 01/01/2002 01/01/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (P- Pew) $ X ALL OWNED AUTOS X SCHEDULED AUTOS A X HIRED AUTOS X NOWOWNED AUTOS APPROVED AS TO FORM:- BODILY INJURY (PeraccideM) $ GAIL HUTTON, City $Y' Deputy City At IttOrne1v PROPERTYDAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN - EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY r'' X OCCUR FICLAIMS MADE K06.310074 __. ,_.. -01/01/2002 "'' `'' 01/01/2003 EACH OCCURRENCE $ 51000,000 AGGREGATE $ 5,000,000 $ A MBRELLA FORM $ DEDUCTIBLE X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY NVA6306S40 01/01/2002 01/01/2003 X I TORYLaM ER EL EACH ACCIDENT $ 100,000 E.LDISEASE -EAEMPLOYE $ 100,000 EL DISEASE -POLICY LIMIT $-500.000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ^Water System Vulnerability Assessment Additional Insureds (General Liability): City of Huntington Beach, its Agents, Officers and Employees (see attached copy of Blanket Additional Insured endorsement) ADDITIONAL INSURED; INSURER LETTER City of Huntington Beach Attn Ken Dills PO Box 190 Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA7ETHEREOF, THE ISSUING COMPANY WILLR1 MAIL 30— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, R9GIP)P1l•11419t;�P)Q�Alllk Il9lA4�Ml►MHQIQINfQ)P1t4a9i9t919M(9I#lA@)EAIXX 114tAMNk4VlPXIPIdI<1 €TAP RitIR+h( t NX?(4l9MMHPAII XXXXXXX er/PS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). s , DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COPY TheS paui Additional Protected Persons Endorsement - General Liability This endorsement changes your Commercial General Liability Protection. How Coverage is changed There are two°changes which are described below. 1. The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. s 1 ADDITIONAL PROTECTED PERSON. -The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: -your work for that person or organization; -your completed work for that person or organization if your contract or agreement requires such coverage; -premises you own, rent, or lease from that person or organization; or -your maintenance, operation'or use of equipment leased from that person or organization. ' We explain what we mean by your work and your completed work in the Products and Completed Work Total Limit Section. If the additional protected person is an architect, engineer, or surveyor, we won't cover injury or damage arising out of the performance or failure to perform architect, engineer or surveyor professional services. ARCHITECT, ENGINEER, OR SURVEYOR PROFESSIONAL SERVICES INCLUDES: -the preparation or approval of maps, drawings, opinions; reports, surveys, change orders, designs, or specification; and -supervisory, inspection, or engineering services. 2. The following is added to the Other primary insurance section. This change broadens coverage. -We'll consider- this insurance._.to_.be- primary to -and _non-contributory with th the insurance issued directly to additional protected persons listed below if: -your contract specifically requires that we consider this insurance to be primary or primary and non-contributory; or -yoV request before a loss that we consider this insurance to be primary or primary and non-contributory insurance. All other terms of your policy remain the same. I PERSON OR ORGANIZATION As required by Contract Name of Insured Policy Number CK06310074 Effective Date 01/01/02 EHA, INC. Processing Date 02/06/02 11:35 004 0 0 City of Huntington Beach Certificate issued to City of Huntington Beach 10/23/2002 American Agency Inc 10/23/2002 The following cancellation wording supercedes any previous wording: "Should any of the above policies be cancelled, non -renewed or materially changed before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named." L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMA, INC. FOR WATER SYSTEM VULNERABILITY ASSESSMENT Table of Contents Scopeof Services..................................................................................................... I City Staff Assistance...........................................:.................................................... 2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival..............................................................:......................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMA, INC. FOR WATER SYSTEM VULNERABILITY ASSESSMENT" THIS AGREEMENT ("Agreement") is made and entered into this day of Ld\ 2002, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and EMA, INC., a Minnesota corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform a Water System Vulnerability Assessment; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Kevin Johnson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 02agree/ema/10/18/02 I 0 • 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on June 1, 2003 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred twenty (120) days from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed One Hundred Five Thousand Dollars ($105,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 02agree/ema/10/18/02 2 0 • compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first.. CONSULTANT does not assume any liability, which may arise from the use of its work products, created under this Agreement for other than their specific intended purpose. 8. HOLD HARMLESS CONSULTANT hereby agrees to indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance, errors or omissions of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or 02agree/ema/10/18/02 3 0 E damage which was caused by the negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 02agree/ema/10/18/02 4 0 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and 02agree/ema/10/18/02 5 0 • all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event .of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. _ 02agree/ema/10/18/02 6 s 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Howard Johnson 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: EMA, INC. Attn: Kevin Johnson 8885 Rio San Diego Drive, Suite 31040 San Diego, CA 92108 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 02agree/ema/10/I8/02 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 02agree/ema/10/18/02 8 0 • which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each . duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, 02agree/ema/ 10/ 18/02 9 11 • each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 02agree/ema/10/18/02 10 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above wri EM Paul Butler ITS: (circle one) Chairman/President/Vice President FEW C By: Clyde ounkin ITS: (circle o retary/Chief Financial Officer/Asst. Secretary reasurer CITY OF ULNZNCjON BEACH, a m ' inal corpora n of the State of California Director of Public Works (Pursuant To HBMC §3. 03.100) APPROVED AS TO FORM: T cat , City Attorney REVIEWED AND APPROVED: V y Administrator (only for contracts over $50, 000.00) 02agree/ema/10/18/02 I I 0 . 0 EXHIBIT A . 4....1 ...,,.. PROPOSED SCOPE OF SERVICES .........................................................................I............ SELECTING THE EMA TEAM'S ASSESSMENT APPROACH ASSURES THE CITY OF HUNTINGTON BEACH PUBLIC WORKS WATER DIVISION A SOUND STRATEGY FOR ASSET AND SERVICE LEVEL PROTECTION Our project approach recognizes the need for expert knowledge and experience In water systems, solid understanding of security issues and principles, a highly Interactive approach between the Water Division and our team, and capable technical skills to identify vulnerabilities and recommend effective solutions. Our project approach assures that the vulnerability assessment will meet and exceed the EPA requirements for a "satisfactory" vulnerability assessment, and also provides you with the tools to evaluate the cost benefit of proposed modifications. Members of our team of security experts are licensed trainers In the assessment methodologies developed by Sandia National Laboratories (RAM-Wsm). We will provide the training you need to understand your organization will be going through in performing the vulnerability assessment and to train as many of your staff as possible in a new methodology to make asset decisions, considering security as an additional evaluation criteria now and in the future. Our project team will be using the methods developed as part of the RAM-Wsm to complete the assessment. We will likely augment this approach by using the methods and tools in the Vulnerability Self -Assessment Tool (VSAT) created as an adjunct to the "Asset Vulnerability Checklist" developed for the Association of Metropolitan Sewerage Agencies (AMSA), which Is currently being adapted to the water industry. VSAT is a flexible software took that organizes data; supports vulnerability analyses, documents the analyses, and presents complex Information in easy -to -understand format. It provides an enduring method for managing the quantities of information generated by security vulnerability assessments, and provides a basis for future Iterative analyses. The VSAT methods and tools complement RAM-WsM very effectively. Training the Water Division In Vulnerability Assessment Methodology Will Assure an Efficient and Effective Assessment and Prepare Staff for the Future Training in the Sandia methodology and in VSAT Is it key strategy for the Water Division to complete the assessment on time and on budget. The training ensures your staff will become fully conversant with this type of analysis. By Providing training in the concepts and analytical processes involved in the assessment, we can avoid much of the confusion that often occurs when new 0 • ........................................................................ Ideas are first introduced, and you can continue to use the methodology and tools for continuous enhancement of your security after the assessment is complete. We will provide a one -day RAM-WsM methodology overview workshop for City staff. Our estimate of Water Division time supports 5-10 people attending this overview workshop. This workshop positions your staff to be fully involved in the remainder of the project steps, under the guidance of and in partnership with the EMA team. Training provides an opportunity to: Receive exposure to the concepts and analysis process R Make sure there is a common understanding of the assessment's requirements and goals Understand the need to develop a comprehensive strategy for operations, maintenance, and protection of assets and service level agreements throughout the Water Division and other parts of the City • Use the RAM-WsM framework as a vehicle for discussion of how the assessment will be accomplished and the expected participation levels and outcomes Develop staff to apply the rigors of security vulnerability analysis to future projects VSAT Software Tool Allows Rapid and Systematic Documentation and Analysis of Threats, Vulnerabilities, and Countermeasures Various tools may be used to assist with the assessment process. One of these tools is the VSAT which uses standard asset templates that can be easily customized to the Water Division, interfaces with commonly used asset databases via data import and export . ' features, provides default or user -defined risk levels and definitions, supports a wide range of analytical and decision techniques, and uses a color - coded interface that tracks and displays progress. VSAT leads users through a "threat hierarchy" to identify those natural and man-made threats that are most significant. It helps identify business -critical assets and single points of failure that could take you down or help you recover. Additionally, VSAT provides a reference database to support selecting countermeasures to strengthen security. When properly used, VSAT guides EMA, INC. 3-2 • i 0# 0* 0 0 9 0 0 9 0 0 9 0 0 0 0 9 0* 0 0# 0 0* 0 0 9 0 9 0 ..... 1 0 4 0 0 4 0* 0 0 9 1 1 0 0 a e 9 0 0 0 0 0 0 0 4 0* 0 0 0 0 0 00 users through alternative decision processes to reduce risk while balancing capital and operating budgets. Our Unique Understanding of Utility O&M Practices and Organization and Technology Assures a Comprehensive Analysis of the Municipal Water Department's Infrastructure and Operations EMA performed an Organizational Assessment of the Water Department that provides us a detailed understanding of your organization. We can hit the ground running and avoid delays an missteps that sometimes occur early in projects. Our recent experience in similar security assessment projects has allowed us to further incorporate our concept of Organization, Practices and Technology (OPT) around security vulnerability assessments. Experience has shown that all projects must address all three of these issues to achieve the highest level of success possible and produce tangible results. Using this philosophy, consideration of the Water Division's security vulnerabilities requires a review of Organization (hiring contractors, training, and culture), Practices (physical Infrastructure, programs, policies, and procedures), and Technology (hardware, software, external network connections and data). While assessing the Water Division's security vulnerability, EMA will examine the current situation by asking what the City currently has and what you are doing -in each of the three OPT areas from a security perspective. Our Qualified Team Will Assure the Countermeasures -Are Leveraged to Benefit Both Security and Routine Operations In reality, the work performed and recommendations developed as.part of this assessment are an insurance policy against as yet unrealized threats. Our unique understanding of the'water Industry allows us to leverage your insurance *premiums" to improve.the efficiency and effectiveness of your organization, not just reduce risk. We will work closely with your staff to identify complementary uses for the security investments you will make as a result of the assessment. Specific opportunities include: ■ Additional monitoring of facilities through video, existing security and SCADA systems will undoubtedly be evaluated as possible countermeasures. • The assessment will also evaluate the threats to the City's supply and. distribution systems. Since EMA has worked closely with both of your key water suppliers the Orange County Water District (OCWD) and the Metropolitan Water District (MWD), we are able to bring that knowledge of their systems and security procedures to your project. ■ Vulnerability and risk acceptability ratings will be developed on the Sandia - defined five asset classes as part of this assessment. These can be used to EMA, INC. 3-3 ....................................................................... . prioritize training requirements. For very high -risk assets, the Water Division may want to develop additional certification requirements before allowing maintenance activities to occur. This Information can also be used when developing future security related capital improvement plans. ■ The Water Division may want to develop or enhance existing service level agreements with suppliers based on risk analysis. This will provide opportunities to optimize the Division's supply chain management. Optimization of suppliers and inventory management Is often a significant source of savings for utilities. • Review of the Water Division's Emergency Operations Plan may include the need to strengthen interdependencies between the City and suppliers, regulatory agencies, and other utilities. These relationships can be leveraged to address other concerns such as overall management of the watershed. ■ Water Division may want to incorporate use of VSAT as a standard procedure and evaluation criteria when developing capital projects. This would directly Integrate security awareness and measures into new projects. The figure at right RAM-W ism) Method Project Activity VSAT Support/Tool demonstrates the overall methods that will be • Purpose/objectives . Comparison crkeda obilization used to support this • Prioritized Facilities project. As described above the cornerstone . internal • External internal • of our approach is the Cr Deesign basis threat Assess Threats • External •Natural RAM-WsM methodology, supplemented by VSAT • Facility characterization • Asset mapping aid in performing and Systemis germs .a�s Assets : Physical e�y documenting the : � crkcal assets • Employees o Kr edge base ' customers analysis. I • Physical protection system • criticality analysis Multiple Tools Will • Operating system • Adversary strategy & sequence Determine System Effectiveness ID existing countermeasures Assess vulnerability Guarantee a ■ Scenarios ■ Assess probability of failure ■ Assess overall risk. level Comprehensive Assessment and • R��•(1 Pfi)•C • Iterative analysis to reduce Cos', Analysis risklbalancecosts Realization of All Possible Benefits Our team is experienced In both the RAM-WSM . Iterallvey develop recommended upgrades 6 Develop New • countermeasure database a Aomsc�r�• locks methodology and VSAT and re -assess Countermeasures ; Ty tool and methodology for • Procedures performing security , vulnerability assessments. We will use an enhanced version of the Sandia method to perform the assessment for the EMA, INC. 3-4 0 • ............ 0 0- ...... 0 9 0* 0 0 .. 0* 0 .. • 0 a 0 0 0 0 0 0 0 0 0 0 0 0* 9 a 0 .. a 0 0 0 a 0 0 0 4 9 0 0 0* 0 00 Water Division. Thus, we will use the optimal tool when performing each step in our approach, as shown below. Every step along the way will be documented using VSAT. Task 1: Project Methodology Integrates Best of RAM-WSM and VSAT Approaches for Long-term Water Division Benefit The project approach incorporates and expands upon the eight areas as defined by the EPA's security vulnerability assessment requirements. Key aspects of the approach are described below: Step I — Plan and Mobilize In addition to standard project management activities (for example, -� Plan and Mobilize the project kickoff meeting), this step Includes reviewing the Water + Division's mission and objectives; identifying critical customers; gearing up the five asset analysis teams (one each for physical, technology, employees, knowledge base, and customers); providing a one -day SANDIA methodology overview workshop in the methods and tools; and reviewing the status of the material requests. Participation by Water Division management and knowledgeable staff Is critical to this task. ■ Tool— RAM-W8m.prioritized facilities; pair -wise comparison • Examples — Provide potable water; ensure adequate fire flow protection Step 2 — Assess Threats Threats are unique to each system and reflect your local priorities Assess Threats and issues. They generally fall into one of three categories: natural disasters; internal man-made threats (theft, -sabotage, disgruntled employee actions against other employees, etc.); and external man-made threats (terrorism, vandalism, theft, etc.). In this step, we will define the threats against which the Water Division is trying to protect during a maximum of three, one -day workshops. We suggest analyzing roughly three to five threats. While each situation is unique, the consequences and appropriate countermeasures quickly fall into consistent patterns. Identifying the top three to five threats focuses the overall assessment most effectively. These critical "design basis threats" provide the foundation for the design.of the security system. We propose including local law enforcement and other agencies, to incorporate their perspective in this analysis. Tool — RAM-WsM design basis threat analysis. VSAT threat database and assessment hierarchy ■ Examples — Riot, sabotage, vandalism, or hacking ■ Deliverable — List of Design Basis Threats EMA, INC. 3-5 0 ........................ 0 0 4* 0 0 0* 0 4 0 0 0 9 0 9 0 0 ...... 0 0 0 0 0 0 0 0 0* a 0 0 0 0 0 0 0 0 0 0 0 00 Step 3 — Identify and Characterize Assets Each of the five asset categories (physical, IT platform, Identify and employees, knowledge base, customers) will have a team that focuses explicitly on identifying critical assets for business continuity in that asset class, to identify the highest consequence assets in the event of failure. Note that "IT Platform" includes telecommunications and networking, plant and pumping station control and monitoring, LIMS, CMMS, and CIS. The customer asset class may be handled as a sub -team, depending on the Water Division's customer base. We will conduct an initial desktop inventory of utility assets for each asset class and assess whether and the extent to which a range of human and natural events may pose threats. The key question at this stage is, "Which assets are critical to business continuity and would pose threats of interruption or inability to deliver services if they failed?" The physical asset class is the largest and will require the most time and attention. ■ Tool— VSAT asset mapping; RAM-WsM facility characterization, pair -wise comparison, fault -tree analysis, prioritized assets, and consequences table; ranked critical assets ■ Examples — Storage tank (physical asset), billing system (technical asset) ■ Deliverable — Updated VSAT asset map Step 4 — Determine System Effectiveness. The result here is to understand the current risk situation, which is aDetermine System Effectiveness balance of your key asset criticality and vulnerabilities. Building on Step 3, physical walk-throughs and inspections will be conducted. System effectiveness is the ability of the system (physical protection system and operating system) to deter, detect, respond, and recover from a threat. It involves developing adversary strategies and sequence diagrams, developing scenarios, and then estimating the system effectiveness for each scenario using the physical protection system and operating system analysis. Tool — RAM-WsM adversary strategy and sequence, most vulnerable adversary scenario, sequence diagrams; system effectiveness table; VSAT relative risk analysis, countermeasure database, and vulnerability analysis g Examples — Internal sabotage of the control room computers ■ Deliverable — Updated VSAT vulnerabilities, probabilities of failure and risk levels Step 5 -- Perform Rlsk(Cost Analysis Riski This iterative step involves selecting among potential � , 'rmst Analysis countermeasures using risk and cost measures, typically those countermeasures that offer the most reduction for the least cost or alternatively, the most reduction given a fixed budget receive the highest priority. Costs will EMA, INC. 3-6 • • 0 0 0 6 9 0 0 0 0 9* 0* 4# 0 0 0 0 0 0 9 0 0 1 0 0 0 0 9 4 0 0 000. 9 0 0 0 0 0 0* 0 0 0 a 0 9 0 0 0 9 0 0 0 0 0 9 ... 0* a** 100 play a particularly Important role in phasing or scheduling risk mitigation activities, since many of the "hardening" options could require significant investments. ■ Tool- VSAT risk/cost analysis reports ■ Examples - Implement desktop encryption for sensitive communications; install sensors, access control and lighting controls in chlorine storage building ■ Deliverable - Updated VSAT risk/cost analysis Step 6 - Develop New Countermeasures Identify additional countermeasures that reduce either key asset Develop Now vulnerability or risk or both. If, for example, perimeter penetration is Countermeasures considered vulnerability, existing countermeasures that reduce vulnerability, such as fencing, closed circuit TV (CCTV), and/or electronic access control will be identified. Countermeasures are organizational (people), procedural (processes), or technology -based (technology). ■ Tool - RAM-Wsm review physical protection system and operational upgrades; VSAT countermeasure database, risk matrix (vulnerability x probability analysis) • Examples - Jersey barriers, upgraded access control system linked into SCADA system ■ Deliverable - VSAT Countermeasure Report Step 7 - Present Findings We are willing to document findings and recommendations in a Present Findings draft and a final report, however we suggest that the Water Division consider alternative approaches, so as to protect the highly confidential nature of these documents. Regardless of the reporting mechanism, we will present to the Division's security vulnerability assessment team in a workshop format, discuss findings, and their Incorporate comments in the final report. y • Deliverable - Draft final report, final report and related exhibits; VSAT tool populated with Water Division data. Project. Meth-odolo- Integrates Vulnerability Assessment Results Into The Emergency Operations Plan (EOP) The Water Division has not indicated in Its RFP whether it has an existing Emergence Operations Plan, however It is assumed that the Division has a recently updated EOP. Task 2 incorporates the items identified in the vulnerability assessment into the Water Division's Emergency Operations Plan. This task Involves updating your existing Emergency Operations Plan. The update will be consistent with the latest EPA guidance document (issued this year). However, youi current plan format and approach will be used, with the majority of the update :focused on assurance that the identified vulnerabilities are considered and addressed appropriately in the Emergency Operations Plan. EMA, INC. 3-7 • 0 Task 2 .......................................... 0 0 9 0 0 0 0 0 0 0 0 0 0* 0 0* a ...... 0 0 0909 A disaster or emergency can strike the City's drinking water system at any time. The City of Huntington Beach faces potential threats from natural, technological and manmade hazards. As we work with you in upgrading your plan keep in mind that when, not If, an emergency or disaster occurs, drinking water will become one of the top priorities in emergency medical services, fire fighting, sanitation, and general recovery of the emergency or disaster. As we work with you to develop your EOP, our primary principles will be: • To keep it as simple and practical as possible; a complicated plan will only add to confusion in an emergency situation. ■ Through consensus within the Water Division, develop a coordinated response during emergencies to protect life and property. • Maintain continuation of service (minimal down time) through previously developed action plans. Task 1 Vulnerability Assessment Task 3 Recommendations & Security Enhancement Plan EMA, INC. 3-8 • ............... . .... . ........... . ...... ........... ............ 0 . ..... • . We will work with the Water Division's staff to determine who should participate in the updating of the plan. Potential candidates include local emergency planning committees, medical professionals, neighboring utilities, emergency management personnel, and local law enforcement. Key aspects of our approach for developing your plan are outlined below. The figure above shows the relationships between the Vulnerability Assessment and the EOP tasks. As described in the subsequent steps, Task 1 steps 2, 3, and 6 have the greatest impact on the EOP development. Task 1 focused on conducting the vulnerability assessment. Output from this task will be used for the next two tasks. Task 2 involves reviewing and updating your Emergency Operations Plan, and incorporating security -related findings from the Vulnerability Assessment. Task 2 — Review and Update of Water Division's Emergency Operations Plan Step 1— Review Existing EOP Review Water Division's Emergency Operations Plan from a security/terrorist threat perspective. Identify Review Existing improvements in the plan that tie back to each of the five II� Operations 'utility asset categories, including capital investments, organizational changes, process reforms, improvements 'in information management, and enhanced communications. Review of the existing plan will address the following tasks that may be directly affected by the work in Task 1: — Lines of authority — Classification of the emergency or disaster — Damage assessment — Prioritize needed work/repair — Dispatching personnel and equipment — Supplemental emergency operations plan issues Tool — Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, output from vulnerability assessment Deliverable — List of items to revise or add to the EOP Water Divislon Commitment— Participation of Water Division staff, including Operations, Engineering, Public Relations staff, and other external agencies such as Law Enforcement as needed to discuss and review proposed changes for the EOP EMA, INC. 3-9 4 0 0 0 0 0 0 0 9* 0 0. 0* 0 0 0 0 0 6 9 0 a 000 0 9 0 0 0 0 a 0 0 0 1 0 0 0* 0 0 0 0 9 0•• 0 0 0 0 0* 0 0 0 9 0 0 0 0 0 0 0 0 0 000 Step 2 — Authority Positions (Lines of Authority) The Water Division's Emergency Operations Plan will be modified to incorporate the Threats, Prioritized Facilities, ' and Countermeasures identified in the vulnerability if Public =Reaction' assessment. The various lines of authority descriptions will Assessments Respon�;e be updated or created (if required) to address the scenarios previously identified. Additional tasks may also be added to these positions. In addition to addressing the emergency at. hand, it will be necessary to determine the impact of countermeasures put in place for high criticality assets. • Tool— Water Division's Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, and output from vulnerability assessment • Deliverable — Updated Lines of Authority Step 3 — Emergency Classification The Emergency Classifications may be significantly Emergency affected by the vulnerability assessment. The Water IfNormal Division's Emergency Operations Plan may already have LeZ 3 Major classified the various assets of the Division. However, Level 4 Disaster based on the design basis threats, the prioritized facilities as defined in vulnerability assessment, and the identified system effectiveness, additional procedures will likely need to be added. Classifications may be updated or additional ones added, and identified countermeasures will need to be Incorporated in the Plan. • Tool— Water Division's Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, and output from the vulnerability assessment • Deliverable — Updated emergency classifications Step 4 — Damage Assessment Based on the enhanced understanding of the risk and vulnerability of the Department's assets, the damage Damage Assessment assessment procedures will be updated. During Task I, - Repair Re the review of assets will identify clearly how the overallplace — Abando system will be affected when specific assets are- compromised. This will lead to the possible establishment of new priorities for asset evaluation. Enhanced understanding of classifications may also lead to downgrading some of the assessment criteria. ■ Tool— Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, and output from the vulnerability assessment ■ Deliverable — Updated damage assessment criteria EMA, INC. 3 -10 • 0 Steps 5 & 6 — Work/Repair Prioritization and Staff & Equipment Dispatching Specific criteria will be established for prioritizing and Schedule authorizing repair work and the allocation of Water ll— Coordination Assel Relationships Division's resources. These will reflect the ranked Request Assi-slance critical assets established in Task 1. As a rule the highest criticality will be repaired first. Based on review of the defined threats, criteria will also be established to Dispatch Staff & Equipment assure that Water Division staff exposure to personal II jjjjj*� — Work Assignments risk is minimized. Authority levels will be strictly definedResource to assure that decisions are not made in haste. Most Considerations likely the Emergency Coordinator, Public Relations Coordinator, Assessment Coordinator, and Crew Foreman(s) will be involved in setting priorities. ■ Tool — Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, and output from the vulnerability assessment Deliverable — Updated prioritization criteria Step 7— Supplemental EOP Issues Review the current plan with respect to the additional procedures, resources and policies. Since we assume Supplemental Emergency that the Water Division has recently updated its EOP, Operations we expect the majority of the supplemental requirements will be current. However, we will review them with respect to the vulnerability assessment and update the plan where.any shortfalls are identified. • Tool— Current Emergency Operations Plan, EPA Emergency Operations Plan Guidance document, and output from the vulnerability assessment ■ Deliverable — Other areas identified for updates Step 8 — Incident Command System (ICS) Review The Water Division has not indicated if they are currently using the Incident Command System (ICS). Therefore, if needed, we will review ICS with the Water i� ' System Review Division to provide an understanding of the methodology. ICS is the model tool for command, control, and coordination of a response and provides a means to coordinate the efforts of individual agencies as they work together toward the common goal of stabilising the incident and protecting life, property, and the environment. ICS uses principles that have been proven to improve efficiency and effectiveness in a business setting and applies the principles to emergency operations and response. EMA, INC. 3 -11 .......................................... 0 0 0 0 0 9 0 0 0* 0 0 0 0 0* 0 0 0 0 0 0 0 0 0 0••00 Currently, Federal law requires the use of ICS for response to HazMat incidents. Many states are adopting ICS as their standard for responding to all types of Incidents. ICS has been endorsed by the American Public Works Association and the International Association of Chiefs of Police and has been adopted by the National Fire Academy as its standard for incident response. ICS is included in the National Fire Protection Association (NFPA) "Recommended Practice for Disaster Management" (NFPA1600). ICS is also part of the National Interagency Incident Management System (NIIMS). A practical example of where ICS would be useful for the Water Division is if a main break disrupts the service of several other utilities. We will work with the Water Division staff to determine the most effective use of this methodology as part of the Emergency Operations Plan. • Tool — Current Emergency Operations Plan; ICS presentation/discussion ■ Deliverable — Recommendation regarding incorporation of ICS into the EOP • Final Deliverable —Updated EOP, reflecting impact of vulnerability assessment Task 3 - Provides Security Enhancement Plan Task 3 uses output from both, Tasks 2 and 1, and involves identifying required capital improvements, changes to administrative and operational procedures and recommendations for revising and/or expanding the Water Task 3 Division's emergency training programs. This task also Recommendations 8 Security Includes developing an Enhancement Plan for each of the Enhancement Plan proposed recommended countermeasures. The Enhancement Plan includes the anticipated engineering,Finalize Security Enhancement Plan procurement and construction costs for implementing the i recommendations, and a high level schedule. The Information provided will enable the Water Division to roll '...................... ........................................... -.-....... ...... -.. out its Security Enhancement Plan. • Tool- Vulnerability Assessment and Emergency Operations Plan Deliverables — Security Enhancement Plan that includes: needed capital Improvements plan for rolling out changes in administrative and operational procedures and emergency training program. EMA, INC. 3 -12 9 • 3EIPRELIMINARY SCHEDULE ....................................................................................... PROJECT SCHEDULE We understand the urgency the Water Division has regarding the vulnerability assessment timeline and the need to meet the required EPA schedule. This project schedule is based on receiving a Notice -to -Proceed on October 1, 2002, however we are prepared to initiate the project sooner if the City chooses to do so. Upon receiving the Notice -to -Proceed, we will start the project within one week and work with the Division's Project Manager to schedule on -site meetings. The project duration is 10 weeks, from Notice -to -Proceed through the final deliverable. We are committed to completing the project within the necessary timeframe. The following figure shows the proposed project timeline: Task Name Oct '02 Nov '02 Dec '02 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 Vulnerability Assessment I I 11/18 Task 1- Huntington Beach VA Step 1 - Plan & Mobilize Step 2 -1 Assess Threats Step 3 - Identify & Characterize Assets Step 4 - Determine System Effectiveness Step 5 - Perform Risk/Cost Analysis Step 6 - Develop New Countermeasures Step 7 - Present Findings VA Assessment Completed Task 2 - Update ERP Task 3- Finalize Recommendations & Security Enhancement Plan EXHIBIT "B" Payment Schedule (Alternative #1) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. JnVconftM 9ro*aB-1/9/11/02 1 EXHIBrr B Alternative #1 0 0 f COST PROPOSAL ....................................................... The total lump sum figure for this project is $105,000. EMA will use no subcontractors for this project.