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HomeMy WebLinkAboutC-10072-1 - PSA for Business Continuity and Disaster PlanPROFESSIONAL SERVICES AGREEMENT WITH ATLAS PLANNING SOLUTIONS FOR BUSINESS CONTINUITY AND DISASTER PLAN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 26th day of November, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ATLAS PLANNING SOLUTIONS, a California corporation ("Consultant"), whose address is 6578 Barranca Dr., Riverside, CA 92506, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide Business Continuity and Disaster Plan Assessment ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2026, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty Nine Thousand Five Hundred Sixty Dollars and 00/100 ($39,560.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Atlas Planning Solutions Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Aaron Pfannenstiel to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Finance Department. City's Finance Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. Atlas Planning Solutions Page 3 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant Atlas Planning Solutions Page 4 shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Atlas Planning Solutions Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Atlas Planning Solutions Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Atlas Planning Solutions Page 7 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Finance Director Finance Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Aaron Pfannenstiel Atlas Planning Solutions 6578 Barranca Dr Riverside, CA 92506 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and Atlas Planning Solutions Page 8 identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Atlas Planning Solutions Page 9 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Atlas Planning Solutions Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: 1l By: Colo ar n C. VHa CW Attorney ATTEST: Date: a2� a.02.6 By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 174 wl2,5 Finance Director CONSULTANT: ATLAS PLANNING SOLUTIONS, a California corporation Date: By: 9 Su an Murray Chief Executive Officer Date: I zp (� �� 2,0 a C5 By: Aaron Chief [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements rinenstiel ncial Officer/Secretary Atlas Planning Solutions Page 11 EXHIBIT A SCOPE OF SERVICES Atlas Planning Solutions Page A-1 SCOPE OF SERVICES TERMS INCORPORATED FROM THE RFP Minimum Qualifications: Consultant shall: • Have qualified personnel that will work on this project who have prerequisite knowledge and experience. • Have at least three (3) satisfactory references for services similar to this RFP within the past five (5) years. • Maintain the confidentiality of and not disclose the Plans and the Plans' information. The City reserves the right to require a confidentiality and/or non -disclosure agreement. • Meet the insurance requirements. • Maintain a City of Newport Beach business license during the term of this Agreement. Description: The Director of Finance, or designee, shall establish a project -specific timeline and scope of work. The project timeline is subject to change by the Director of Finance, or designee. It is generally expected that fieldwork will commence upon execution of the agreement and that the consultant shall provide the City a draft report followed by a final report over the course of a few months, unless otherwise specified by the Director of Finance, or designee. The final report should be addressed to the attention of the Director of Finance. The City reserves the right to adjust these deadlines at its sole discretion. At a minimum, the Plans consist of the following files: A. City of Newport Beach Emergency Operations Guide (approximately 60 pages) This is a quick reference guide for the initial phase of an emergency and is generally applicable to all hazards. Roles and responsibilities of City departments are summarized. Checklists are provided for various hazards, mass notifications, evacuations and sheltering, and the emergency operations center room. B. City of Newport Beach Emergency Operations Plan (approximately 120 pages) This is intended to be the primary document describing the conduct of emergency management activities. A general legal and conceptual framework is provided for incident management. Specific types of emergencies and response considerations are briefly discussed but not addressed in detail, because there are separate functional and hazard specific annexes. Additional separate documents are identified (e.g. Local Hazard Mitigation Plan, General Plan Safety Element, etc.). Various emergency response concepts and resources are briefly explained. C. Newport Beach Continuity Plan (approximately 620 pages) For events requiring continuity plan activation this is the single point of information to help direct actions to be taken in response, as well as information about resumption and recovery of operations. Specific departmental information is outlined in the document's appendices. Continuity of government and essential functions are addressed. Key elements addressed include: essential functions; orders of succession; delegations of SCOPE OF SERVICES authority; alternate facilities; vital records, databases, systems, and equipment; testing, training, exercises; etc. D. City of Newport Beach Tsunami Incident Action Plan (approximately 40 pages) This includes checklists of specific tasks for specific departments in the event of a tsunami. Additional information about tsunamis is also provided. Plans are considered for official use only, should be kept confidential by the contractor, and should not be disclosed by the contractor. The City may or may not identify other files as Plans. If the City identifies other files as Plans, then those files also will be part of the scope of services. Examples of some of the other files that the City may or may not identify as Plans are the separate documents identified (e.g. Local Hazard Mitigation Plan, General Plan Safety Element, etc.) but not included in the City of Newport Beach Emergency Operations Plan. Prior -year versions of the City's Emergency Operations Plan and Local Hazard Mitigation Plan may be publicly available at https://www.newportbeachca.gov/how-do-i/find/disaster-preparedness-information. The contractor shall prepare a report to help the City evaluate the adequacy of the Plans within the context of the City's specific needs and background. The City may consider, and potentially implement, the contractor's recommendations if revisions to the Plans are warranted. Background information about the City is provided in the introduction to this RFP. Required tasks include: Determine whether the City has Plans that define and address the following key elements of business continuity and disaster planning: a. Essential Functions b. Lines of Succession and Delegation of Authority c. Alternate Facilities d. Vital Systems, Services, Equipment and Supplies e. Timely Resumption of Computer Processing Following Interruption of Service f. Training Exercises to Ensure Readiness and Preparedness 2. Determine whether the Plans provide a comprehensive strategy outlining how the City will continue operating during and after a disaster. Determining comprehensiveness would be identifying key elements that are not defined and addressed by the Plans but that are considered critical by best practices of the business continuity and disaster planning industry. 3. Determine the Plans' strengths, weaknesses, gaps, and opportunities for improvement in addressing disaster preparedness and disaster response capabilities. 4. Conduct a risk and impact analysis that incorporates input from City staff. The intention is to: a. Assist the City with evaluating the adequacy of the Plans b. Identify any critical key elements to add to the Plans c. Identify risks and impacts not adequately addressed by the Plans. Risks and impacts should be reasonable in the context of the City's background. The consultant's report should summarize their conclusions, including: 1. Briefly describe the adequacy of the City's Plans and the reasons for that determination. SCOPE OF SERVICES 2. List and describe very important recommendations that are desirable but not critical, if any. 3. List and describe very important recommendations that are critical, if any. 4. Briefly describe the work performed for the four (4) required tasks above, and how those tasks helped determine the adequacy of the City's Plans and the consultant's recommendations. June 4, 2025 Shaun Tormey Senior Buyer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Mr. Tormey, We are pleased to submit this proposal for consulting services to update the City of Newport Beach's Business Continuity and Disaster Planning Assessment. At Atlas Planning Solutions (APS), we understand the critical importance of these plans in ensuring the preparedness and resilience of communities in the face of natural disasters and emergencies. APS offers comprehensive emergency management consulting and disaster preparedness services with a focus on emergency management and hazard mitigation. Relying on our experienced staff, the APS Team will deliver a thorough, actionable, and sophisticated product that will support the City's needs. Relying on our recent experience supporting the City's Emergency Operations Plan update and preparation of other emergency management documents, our team is ready to hit the ground running on this assessment. To further enhance our Team's capabilities, APS is partnering with Navigating Preparedness Associates, a Small Disabled Veteran Business Enterprise that provides emergency management consulting services throughout California. Our two firms have collaborated on projects like this for the past five years. For the APS Team, Aaron Pfannenstiel will serve as the project manager and the City's primary point of contact. Mr. Pfannenstiel is committed to ensuring the highest quality product and process for the City and ensures that all personnel proposed will work on this project. As a firm principal, Aaron is authorized to negotiate and execute contracts on behalf of the firm and affirms the following: This proposal shall remain valid for a period of not less than 180 calendar days from the date of submittal. The APS Team is obligated by all addenda to this RFP. All information submitted with this proposal is true and correct. If you have questions or would like to schedule an interview with our team, please don't hesitate to contact us. Respectfully submitted, Aaron Pfannenstiel Atlas Planning Solutions 6578 Barranca Dr Riverside, CA 92506 www.atiasplanning.org Aaron Pfannenstiel I Principal Phone: 951-444-9379 aarona_atlasplanning.org City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page I i Atlas Planning Solutions Table of Contents Cover Letter ................. Tableof Contents................................................................................................................................................. ii A. Company Qualifications and Experience.........................................................................................................1 AtlasPlanning Solutions...................................................................................................................................1 Navigating Preparedness Associates(NPA).....................................................................................................1 B. Project Related Experience..............................................................................................................................3 C. Qualifications and Experience of Proposed Project Staff.................................................................................7 D. Team Resumes................................................................................................................................................8 E. Current Workload and Ability to Deploy.........................................................................................................13 F. Professional References................................................................................................................................13 G. Project Approach and Methodology...............................................................................................................14 Task 1: Plan Identification and Data Gathering...............................................................................................14 Task 2: Comprehensiveness Determination...................................................................................................15 Task3: Plan Assessment................................................................................................................................15 Task 4: Risk and Impact Analysis......._............._................................._............---...........................................16 H. Proposed Schedule........................................................................................................................................17 Appendix A - Required Forms.............................................................................................. Separate Cover City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page I ii Atlas Planning Solutions A. Company Qualifications and Experience Atlas Planning Solutions Atlas Planning Solutions focuses on making the world a better place. Founded in 2018 in Riverside, California, our mission is to leverage our skills and experience in comprehensive planning, climate adaptation, and hazard mitigation, offering clients a wide range of consulting services to help them navigate their complex problems and issues. Our focus is on successful client outcomes that build agency capacity, create resilient places to live and work, and create communities that thrive in this ever -changing landscape. As a small, woman -owned, and disabled veteran -owned business in the State of California, Atlas Planning Solutions understands that successful outcomes rely on client satisfaction, optimal project management, and a clear understanding of clients' needs. We strive to exceed our clients' expectations, which has translated into repeat business and numerous referrals for our services. Atlas Planning Solutions Business Information Legal Name: Atlas Planning Solutions IS -Corporation, Incorporated in 2018 in the State of California. Address: 6578 Barranca Drive, Riverside, CA 92506 Phone: 951-444-9376 Email: aaron(a)atlasplanninp.org; suzanne(a�atlasplanninq.orq Firm Principals/ Officers: • Suzanne Murray — Principal/ CEO • Aaron Pfannenstiel — Principal/ CFO/Project Manager Staff Members: • Crystal Stueve — Senior Planner (APS team member since 2020) • Robert Jackson — Associate Planner (APS team member since 2020) Number of Years in Business: 5+ years Number of Years Performing Requested Services: 23+ Years *To better serve Newport Beach, Atlas Planning Solutions has partnered with one of our colleague firms that we frequently team with on projects like this. A description of this firm is provided below: N Navigating Preparedness Associates (NPA) w E Navigating Preparedness Associates (NPA), Limited Liability Corporation (LLC) is a Disabled Veteran - Owned Small Business Enterprise (SDVBE), California #1770371, with a single office located in Lafayette, California. Founded in 2014, NPA provides emergency management solutions for local, state, and federal government and private industry. Our associates are experts in delivering solutions across a broad spectrum of mitigation, preparedness, response, and recovery functions. City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 11 Atlas Planning Solutions NPA's Managing Director, Lee Rosenberg, is a Certified Emergency Manager (CEM) with over 35 years of experience leading real -world contingency operations and addressing complex emergency and disaster issues. Mr. Rosenberg is a retired US Navy Captain who also served as a Federal Emergency Management Agency (FEMA) Region IX (RIX) Federal Coordinating Officer. Legal name Navigating Preparedness Associates, LLC Mailing and physical address 3245 Driftwood Dr. Lafayette, CA 94549 Phone, fax, and website (925) 381-0583 www.Navigatingpreparedness.com List of corporate officers with titles Lee Rosenberg, Managing Director NPA has decades of experience in the following areas: • City, County, and Special District Emergency Operations Plans • Continuity of Operations Plans for cities and counties • Disaster Mitigation Act (DMA) 2000 Compliant Hazard Mitigation Plans • Catastrophic Incident Planning • Water District Emergency Preparedness • Public Health Emergency Preparedness and Response • Maritime Threat Analysis and Response • Homeland Security Exercise and Evaluation Program (HSEEP) Compliant Exercises City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 12 Atlas Planning Solutions B. Project Related Experience Atlas Planning Solutions' Emergency Operations Planning Experience Atlas Planning Solutions staff have completed or are currently working on several Emergency Operations Plans throughout the State. With extensive experience assisting communities as they address the changing legislative requirements and frameworks governing emergency planning within California, Atlas Planning Solutions has a breadth of experience to support the City. Over the past 10 years, Atlas Planning Solutions staff have assisted the following jurisdictions throughout California: APS & NPA Prior EOP Experience Jurisdiction APS NPA City of Pico Rivera (2025) * Prime Consultant Subconsultant City of Mission Viejo (2025) ' Prime Consultant Subconsultant City of Aliso Viejo (2024) ` Prime Consultant Subconsultant City of Costa Mesa (2023) ' Prime Consultant Subconsultant City of Huntington Beach (2021) " Prime Consultant Subconsultant City of Loma Linda (2023) * Prime Consultant Subconsultant City of Newport Beach (2022) Prime Consultant Subconsultant City of Ontario (2023) * Prime Consultant Subconsultant City of Rancho Cucamonga (2023) * Prime Consultant Subconsultant City of San Bernardino (2023) * Prime Consultant Subconsultant County of Santa Barbara (2023) Prime Consultant Subconsultant County of Inyo (2023) Subconsultant Prime Consultant City Pittsburg (2022) N/A Prime Consultant City of Fairfield (2021) N/A Prime Consultant City of Redwood City (2018) N/A Prime Consultant Port of Oakland (2017) NIA Prime Consultant Water Emergency Transportation Authority (2016 NIA Prime Consultant Town of Paradise (2021) N/A Prime Consultant City of Hermosa Beach (2021) N/A Prime Consultant City of Torrance (2021) N/A Prime Consultant Indicates projects in which APS has also assisted with the LHMP The following representative projects provide reference information for Atlas Planning Solutions: 2023 Santa Barbara County EOP Update I County of Santa Barbara, CA APS recently assisted the County with an update to its 2018 EOP. This update was completed on an extremely condensed timeline to meet the County's deadline needs. The update focused on condensing the plan to include more concise and pertinent information and ensuring the plan meets the 2024 Cal OES Emergency Plan Review Crosswalk guidelines. The EOP update planning process focused on supporting vulnerable populations and meeting new DEIA requirements set forth by the State. Representatives for vulnerable populations throughout City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 13 Atlas Planning Solutions the county were included in the planning process as they attended workshops and working groups. Additionally, APS conducted a Tabletop Exercise for the EOP. Vulnerable populations representatives were also included in the tabletop exercise. Duration: October 2023 — December 2023 Type of Contract: EOP Update Key Staff: Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email County of Santa Barbara Office of Emergency Management 4408 Cathedral Oaks Rd., Santa Barbara, CA 93110 Timeframe August 2023- December 2023 The project included an update to the County's Emergency Operations Plan, several annexes, and a focused Access and Functional Needs outreach and engagement process. 2022 Newport Beach EOP Update) City of Newport Beach, CA Atlas Planning Solutions updated the City of Newport Beach's 2011 EOP. This update focused on making the original plan more concise and actionable and ensuring the plan met the guidelines outlined in the 2020 Cal OES Emergency Plan Review Crosswalk guidelines. As part of the EOP update, APS created the following annexes: Alert and Warning, Evacuation, Pandemic Response, and Public Safety Power Shutoff. APS assisted the City with integrating a whole community approach to their EOP to ensure DAFN and other vulnerable populations were considered during the planning process. Duration: February 2022 — December 2022 Type of Contract: EOP Update Key Staff: L Company Name City of Newport Beach Contact Name and Title Company Address 870 Santa Barbara Drive, Newport Beach, CA 92669 Contact Telephone Number Contact Email Timeframe February 2022 — December 2022 The project included an update to the City's 2011 Emergency Operations Plan and the development of functional annexes. 2022 / 2017 / 2012 Huntington Beach Local Hazard Mitigation Plan Updates; 2022 EOP Update ( City of Huntington Beach, CA APS currently provides the City of Huntington Beach with on -call emergency management assistance. Under this contract, APS staff assist the City's Emergency Manager with emergency management -related tasks, such as the recent preparation of a Tsunami Annex to the EOP and modifications to existing annexes completed by the City in the past few years. Prior to this current effort, APS updated the City's EOP and developed additional annexes to support several of the City's challenges. Previously, APS staff supported the past three LHMP updates for the City (2022, 2017, and 2012). These updates included reviews of city plans and policies, City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 14 Atlas Planning Solutions identification of facilities necessary for city operation, prioritization of hazards, preparation of hazard profiles that could impact the city, preparation of a risk assessment, and updated mitigation actions to reduce potential vulnerabilities in the future. Cal OES and FEMA Region IX's final review of all three plans resulted in minimal comments and revisions. Contract Year: July 2021 — Current Type of Contract: LHMP Update; EOP Update Key Staff: Company Name Contact Name and Title Project Reference Information City of Huntington Beach Company Address 2000 Main St, Huntington Beach, CA 92648 Contact Telephone Number Contact Email Timeframe July 2021 -Current The project included updates to the City's LHMP and EOP. Prior updates conducted by APS staff include the 2017 and 2012 updates. The following representative projects provide reference information for Navigating Preparedness Associates: 2025 Continuity of Operations Plan Development I City of Pittsburg, CA NPA developed a new continuity of operations plan for the City of Pittsburg. The plan provided detailed guidance for each City department. Key features were analysis and description of: • Essential functions with priority rating and restoration timing • Orders of succession • Vital document • Alternative locations for seat of government • Essential staff • Reconstitution of support services • Devolution The project included a series of workshops to obtain critical information and input. These workshops engage all City departments. Contract Year: January 2024 — May 2025 Type of Contract: Time and Material Key Staff: Company Name City of Pittsburg CA Contact Name and Title Company Address City of Pittsburg, 65 Civic Avenue, Pittsburg, CA 94565 Contact Telephone Number Contact Email Timeframe 2024-2025 City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 15 Atlas Planning Solutions 2024 — 2025 Emergency Management Program Assessment, EOC SOP, Training and Tabletop Exercise I East Valley Water District, City of Highland, CA NPA conducted a thorough review of the water district's emergency management programs. The assessment included a review of key guidance documents, interviews with staff and a workshop based on a disaster scenario. The results were a set of areas for improvement with recommendations for implementation. The assessment used FEMA's Comprehensive Preparedness Guide 101 (CPG 101): Developing and Maintaining Emergency Operations Plans as a framework. In addition to completing the assessment, NPA developed an emergency operations standard operating procedure including EOC position guides and status boards. To complement the EOC SOP, NPA delivered tailored EOC training for each Section and facilitated a tabletop exercise. Duration: November 2023 — March 2025 Type of Contract: Time and Material Key Staff: Company Name Project Reference Information East Valley Water District, Director of Administrative Services Contact Name and Title Company Address _ Contact Telephone Number Contact Email Timeframe 2024-2025 City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 16 Atlas Planning Solutions C. Qualifications and Experience of Proposed Project Staff The Atlas Planning Solutions team is comprised of key principals with diverse skill sets and experience. We operate under a working principal model, whereby principal owners of the firm are actively involved and engaged in day-to-day client management, deliverable preparation, and project oversight based on client needs. Aaron Pfannenstiel will serve as the Management Contact and Project Manager for the APS Team. He has over 20 years of community planning experience, focusing on emergency management, hazard mitigation, and community resiliency. Mr. Pfannenstiel will devote time to each task to ensure the project is executed consistently and smoothly. Crystal Stueve will serve as the Deputy Project Manager for this project. With a strong background in writing and research and reliance on over 20 years of experience working for local and federal agencies, she understands the importance of clear communication; documentation of processes and outcomes; and developing plans that are easy to read, understand, and implement. Lee Rosenberg* is a Certified Emergency Manager (CEM) with nearly 40 years of experience leading real -world contingency operations and addressing complex emergency and disaster issues. Mr. Rosenberg is a retired US Navy Captain who also served as a Federal Emergency Management Agency (FEMA) Region IX (RIX) Federal Coordinating Officer. Mr. Rosenberg will serve as a senior planner and subject matter expert for this project, lending his experience and leadership to this project. Jason Gwaltney* has over 20 years of experience in emergency management and business and government continuity planning, specializing in the development of strategic, operational, and tactical plans for local and state governments, utilities, multijurisdictional planning regions, and private businesses. Mr. Gwaltney will serve as the lead continuity of operations planner. He is a Disaster Recovery Institute International Certified Business Continuity Planner. n Aaron Pfannenstiel Project Manager Crystal Stueve Lee Rosenberg Deputy Project Ro Subject Matter Expert Manager/Senior Emergency Planner Assistant Planner Jason Gwakney staff Assistance Continuity Planning Subject Matter Expert Amber Johnson Emergency and ns Amber Johnson* is a Certified Emergency Manager with Subject er Matter g y g Subject Matter Expert over 12 years of experience driving disaster readiness and leading large scale disaster response operations. Ms. Johnson will serve as a continuity of operations planner. City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 17 Atlas Planning Solutions D. Team Resumes AaronCcD,atlasplanninq. orq AARON PFANNENSTIEL, AICP 951-444-9379 PROJECT MANAGER I SAFETY ELEMENT & HAZARD MITIGATION SME Mr. Pfannenstiel is the Principal and Chief Financial Officer (CFO) for Atlas Planning Solutions (APS) and has been with the organization since its founding in 2018. He brings 23 years of experience in community planning, focusing on emergency management, hazard mitigation, and community resiliency, and has supported more than 100 Local Hazard Mitigation Plans (LHMPs) throughout the nation, with an emphasis on jurisdictions throughout California. With a background in geology, environmental studies, and urban planning, he helps clients understand hazards, assess vulnerabilities, and develop policies, programs, and mitigation strategies that make communities safer. Aaron incorporates hazard mitigation into comprehensive planning projects to increase resiliency in communities. He prepares local and multi -jurisdictional hazard mitigation plans, emergency operations plans, general plans, and safety elements. Mr. Pfannenstiel has also prepared environmental documents for CEQA compliance and due diligence and feasibility studies, and he has conducted community outreach and education efforts in communities throughout California. EDUCA TION • MURP, 2005, Regional Planning/Urban Planning, California State Polytechnic University, Pomona • BA, 2001, Environmental Studies, University of California at Santa Barbara • BS, 2001, Geological Sciences, University of California at Santa Barbara RELEVANT & CURRENT EXPERIENCE Principal and CFO, Atlas Planning Solutions, Riverside CA Dec 2018 - Present • Manages Local Hazard Mitigation Plan General Plan Safety Element updates for jurisdictions throughout California (see Table 1 for a full list of relevant APS qualifications). • Serves as Project Director and Project Manager for most of the Local Hazard Mitigation Plans and General Plan Safety Element updates, for APS supporting California cities and counties. • As a Safety Element and Hazard Mitigation Subject Matter Expert, regularly acts as the primary Technical Liaison between City staff and technical implementation teams across all APS programs. • Provides project oversight and quality assurance over all APS programs to ensure consistent, high -quality, and timely products, services, and deliverables. Senior Associate, PlaceWorks, Ontario CA May 2017 - Dec 2018 • Focused on natural hazards, hazard mitigation, resiliency and community planning. Senior Project Manager, Michael Baker International, Ontario CA June 2004 — May 2017 • Specialized in General Plan Safety Elements, Local Hazard Mitigation Plans, Climate Adaptation, and Emergency Management focused on the Western United States and throughout the nation. PROFESSIONAL AFFILIATIONS & CERTIFICATIONS • American Institute of Certified Planners (AICP), California, 021026 • American Planning Association (APA), California, 155482 • California Emergency Services Association • American Institute of Certified Planners, 2006, 021026 LEED Accredited Professional, 2006 KEY SKILLS RELEVANT TO THE ROLE Project Management Client Relations Budget Management Meeting Facilitation Subject Matter Expertise Data Analysis and Visualization City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 18 Atlas Planning Solutions Crystal(a)atlasplannin.p. org 951-444-9379 SENIOR HAZARD MITIGATION PLANNER Ms. Crystal Stueve provides more than 20 years of relevant professional experience and has authored, reviewed, and edited dozens of plans, reports, and other similar documents for federal and local government institutions. She has a strong working knowledge of emergency preparedness planning, risk assessments, and the implications of these processes on government operations. Her time in the Military has enabled her to understand internal workings of government offices and the manners in which information must be presented to achieve uptake and ultimately achieve desired outcomes. She has also published numerous training and capacity strengthening resources to enhance readiness for human and environmentally driven challenges including climate challenges, with a focus on human -centered design. EDUCATION • MA, 2017, Mass Communications & Journalism, Kent State University • BS, 2012, Intelligence Management, Henley -Putnam University RELEVANT & CURRENT LEXPE RiENCE Senior Planner, Atlas Planning Solutions, Riverside CA Nov 2020 - Present • Supported over 50 Local Hazard Mitigation Plan updates and General Plan Safety Element updates for various Southern California jurisdictions (see Table 1 for a full list of relevant APS qualifications). • Served as the Senior Planner for more than 20 projects, including Local Hazard Mitigation Plan and General Plan Safety Element updates, for 15 jurisdictions across Southern California. Emergency Operations Center Specialist, San Bernardino Police Sep 2018 — Mar 2020 Department, San Bernadino CA Supported the Emergency Operations Center during emergencies or disasters in functions relating to emergency management. Prepared emergency management media briefings and provide appropriate public notifications during EOC activation events. Emergency Operations Center Analyst, US Army Civil Affairs June 2008 — June 2012 and Psychological Operations Command, Fort Bragg, INC • Monitored unfolding emergencies and wrote daily briefing reports to ensure situational awareness • Worked with civil authorities, DoD agencies, and local military and civilian response authorities to evaluate their resources and coordinate mutual support agreements where applicable. PROFESSIONAL AFFILIATIONS & CERTIFICATIONS • IS 100, 200, and 700/800 Certified • United States Army Reserve • DOD TS Clearance with SCI Eligibility KEY SKILLS RELEVANT TO THE ROLE Project Management Client Relations Emergency Operations Local/National Government City of Newport Beach Business Continuity and Disaster Preparedness Assessment Atlas Planning Solutions Writing/Editing Leadership Page 19 E ROSENBERG., CEM /ee.rosenberg@navigatingpreparedness.com SAFETY ELEMENT & HAZARD MITIGATION SUBJECT MATTER EXPERT Mr. Lee Rosenberg is the owner and managing director of Navigating Preparedness Associates. As the company leader, he provides direction to staff who deliver comprehensive emergency preparedness services to the government and industry. With more than 40 years of emergency management, national security, and homeland security experience, Mr. Rosenberg has a broad and deep knowledge of the practical application of operations and policy in these areas. He has a particular focus on hazard mitigation plan development and program implementation. Mr. Rosenberg led the URS Corporation's Oakland environmental service department and West Coast emergency preparedness practice from 2008 to 2014. He served as a Federal Coordinating Officer for FEMA Region IX from 2006 to 2008, where he provided support to states for numerous presidentially declared disasters. He has supported more than 50 Local Hazard Mitigation Plans (LHMPs) throughout California and the western United States. E,DUCA Ti0JN • Certified Emergency Manager (CEM), International Association of Emergency Managers, 2021 • Northwestern University, Master of Engineering Management RELEVANT & CURRENT EXPERIENCE Managing Director, Navigating Preparedness Associates, Lafayette CA Mar 2014 - Present • Supports Local Hazard Mitigation Plan updates and Emergency Operations Plan updates for various California jurisdictions. • As an Emergency Management Subject Matter Expert, regularly advises City staff and technical implementation teams in support of NPA programs. • Manages a team of technical experts in the fields of emergency management, training and exercises, and continuity of operations planning. • Provides project oversight and quality assurance over all NPA programs to ensure consistent, high -quality, and timely products, services, and deliverables. Manager of Environmental Services, URS Corporation, Oakland CA Jan 2008 — Feb 2014 • Provided a wide range of technical expertise including innovative GIS solutions, air quality modeling services, climate change management, crisis communications and economic analysis. • Directed the URS California -wide emergency management practice area that delivered high quality emergency preparedness response and contingency plans and conducted tailored emergency preparedness training and exercises for Federal, state and local government and private industry. Federal Coordinating Officer, FEMA/DHS, Long Beach CA Jul 2006 —Jan 2008 • Led multiple teams in conducting Federal government disaster response and recovery operations in support of the Stafford Act. PROFESSIONAL AFFILiATICNS & CERTIFICATIONS • Certified Emergency Manager, CEM KEY SKILLS RELEVANT TO THE ROLE Project Management Client Relations Maritime Operations and Planning Training and Exercises After Action Reporting Emergency Operations Plans City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 1 10 Atlas Planning Solutions L , jason@navigatingpreparedness. com JASON EMERGENCY MANAGEMENT AND CONTINUITY PLANNING SUBJECT MATTER EXPERT Jason Gwaltney has over 20 years' experience in emergency management and business and government continuity planning, specializing in the development of strategic, operational, and tactical plans for local and state governments, utilities, multijurisdictional planning regions, and private businesses. Additionally, Mr. Gwaltney has an expert understanding of emergency management doctrine including the California Standardized Emergency Management System, National Incident Management System, National Response Framework, National Disaster Recovery Framework and FEMA's Comprehensive Preparedness Guide (CPG 101), as well as other local, regional, state, and military emergency planning policies. In his career, Mr. Gwaltney has written over 100 contingency plans. EDUCATION • MPA, 2007, University of San Francisco • BS, 2001, Interdisciplinary Sciences, University of West Florida RELEVANT & CURRENT EXPERIENCE Lead Planner, Contra Costa Health, Healthcare Coalition Continuity of Operations Plan, Martinez, CA (2025) • Created a novel approach to continuity planning, by defining essential functions that are applicable to all organizations within the coalition. Manages a team of technical experts in the fields of emergency management, training and exercises, and continuity of operations planning. • Conducted a plan and policy review, led stakeholder meetings, and developed content for the plan. Business Continuity Subject Matter Expert, California Office of Energy Infrastructure Safety, Business Continuity Plan, Sacramento, CA (2024) • Assisted Cal OEIS in the development of their Business Continuity Plan and Pandemic Annex. • Assisted in the identification of mission essential functions, development of a risk assessment and business impact assessment, and provided quality reviews of initial and final drafts of the plan and pandemic annex. Lead Planner, Town of Nags Head Fire and Ocean Rescue Department, Emergency of Operations Plan, Nags Head, NC (2023) • Assisted the Town of Nags Head with developing and delivering and Emergency Operations Plan. • Facilitated a strategic planning process, plan and policy review, EOP development, EOC Operations Guide development, and the development of seven scenario- or function -specific annexes, including: Active Shooter, Continuity of Operations, Severe Weather, Wildfire, Pandemic, and Recovery. PiNIOVESStOk31ALAFFI'LVITIONS & C0?T1P:1CATiCC1AiS • Certified Business Continuity Professional (DRI) i PEY SKILLS RL2 LVANT TO THE ROLE Emergency Management Strategic Planning Logistics Planning Training and Exercises After Action Reporting Emergency Operations Plans City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 111 Atlas Planning Solutions ambe6ohnson05lO@gmail.com EMERGENCY AND DISASTER OPERATIONS SUBJECT MATTER EXPERT Strategic emergency manager with 12+ years of experience driving disaster readiness and leading large scale disaster response operations. Experienced consultant providing subject matter expertise for local, state, and nationwide initiatives. Builds comprehensive response plans supported by industry research, forecasting, and data analysis. Leads teams to operate in unpredictable, high stress environments while maintaining calm and collected focus. EDUCATION • Certified Emergency Manager (CEM), International Association of Emergency Managers • MS, 2015, Public Administration, Upper Iowa University • BS, 2012, Emergency and Disaster Management, Upper Iowa University RELEVANT & CURRENT E.)CPERIE C Continuity of Operations Planning • Initiated and led the early development of a comprehensive healthcare continuity program across Memorial Hermann Health System sites, including acute care hospitals, specialty clinics, and ambulatory centers. Designed system -wide downtime procedures, integrated cyber incident preparedness, and established a compliance tracking framework. • Served as an advisor for Wakefield Brunswick, contributing to strategic COOP planning for a large healthcare system. Provided subject matter expertise on interdepartmental coordination, continuity threat analysis, and organizational risk mitigation strategies across clinical and administrative units. • Supported integration of COOP principles into Emergency Operations Plans for a range of private, public, and nonprofit clients. Guidance included essential function identification, leadership succession, resource prioritization, and recovery planning. Emergency Operations Planning • As an independent consultant, developed and updated Emergency Operations Plans for clients including public gardens, local government agencies, and regional healthcare systems. Plans were tailored to the organization's structure, regulatory requirements, and operational risks, and commonly included annexes for severe weather, pandemic response, and facility evacuation. PROFESSIONAL AFrIL IATIONS & CERTIFICATIO.NS • Certified Emergency Manager, CEM • Associate Healthcare Provider Continuity Professional, Disaster Recovery Institute International KEY SKILLS RELEVANT TO THE ,SOLE Procedure Development Crisis Leadership Training and Exercises Collaboration and Communication City of Newport Beach Business Continuity and Disaster Preparedness Assessment Atlas Planning Solutions Strategic Planning Emergency Operations Plans Page 112 E. Current Workload and Ability to Deploy Team Member Location Current Workload Hours Availability Current Committed Hours Aaron Pfannenstiel Long Beach, CA 40 hrs 20% 80% Crystal Stueve McKinney, TX 20 hrs art -time 35% 65% Lee Rosenberg Mora a, CA 40 hrs 20% 80% Jason Gwaltney Midlothian VA 40 hrs 25% 75% Amber Johnson Kingwood, TX 25 hrs 40% 60% 'Additional staff for the APS Team are available to support City of Newport Beach needs. City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 113 Atlas Planning Solutions G. Project Approach and Methodology The APS Team understands the City's desire to develop and mobilize a process to evaluate its Emergency Management Program and plans/policies. Our goal is to deliver a thorough product that identifies the gaps in their program, necessary updates to existing plans and exceeds the City's expectations. To do this, we have developed the following work program that relies on the tasks laid out in the RFP. To effectively manage this effort, the APS Team will periodically conduct check in calls/meetings with the City's project manager and key staff members to review project progress, discuss outstanding issues/items, create opportunities to discuss critical issues/concerns uncovered during the process. These meetings are anticipated to occur on a regular basis (bi-weekly) until adequate progress has been made on the project. Once the project is running smoothly, these meetings can be modified to an acceptable timeframe agreed upon by the City and APS Team. As project management is an ongoing process throughout this project, cost and hours associated with it have been incorporated into each task. Task 1: Plan Identification and Data Gathering Task 1.1: Planning Team Development The APS Team, in conjunction with the City's Project Manager, will develop a core planning team (Planning Team) which will consist of key City staff that assist with critical emergency management functions. With the creation of this team, APS will guide members through the review and assessment process to ensure the objectives of the proposed work plan are met. To do this, the Planning Team will participate in the planning/review process, attend meetings, and provide data and information, as requested. Task Responsibilities APS: APS will be the primary lead on this task NPA: NPA staff will support APS staff on this task Task 1.2: Data Gathering During this task, the APS Team will work alongside the City to gather the plans, documents, and other information to be reviewed, along with best practice guidance and checklists published by Federal (FEMA) and State (Cal OES) agencies. The following key plans will be reviewed by the APS Team: • City of Newport Beach Emergency Operations Guide • City of Newport Beach Emergency Operations Plan • Newport Beach Continuity Plan • City of Newport Beach Tsunami Incident Action Plan In addition to the above, as part of the scope of work, the APS team will review and assess other relevant plans and documents identified during this task. Guidance and checklists to determine the adequacy of the plans reviewed by the APS Team include: • FEMA's CPG 101 — Comprehensive Preparedness Guide for developing and maintaining emergency operations plans. • Cal OES Emergency Operations Plan Review Crosswalk • State of California Emergency Plan • National Fire Protection Association: NFPA 1660, Standard for Emergency, Continuity, and Crisis Management: Preparedness, Response, and Recovery • FEMA: Continuity Guidance Circular • FEMA: Continuity Assessment Tool • NIST 800-34 Contingency Planning: A Practical Guide to Resilience City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 114 Atlas Planning Solutions Task Responsibilities APS: APS staff will support NPA staff on this task NPA: NPA will be the primary lead on this task Task 1.3: Plan Review Tool Creation APS will create a plan review tool that combines the guidance and best practices from the references identified in Task 1.2. This crosswalk will be a single document that outlines the parameters for each plan to meet policies and regulations. The crosswalk will include criteria to determine if the City has plans that define and address the following key elements of business continuity and disaster planning: • Essential Functions • Lines of Succession and Delegation of Authority • Alternate Facilities • Vital Systems, Services, Equipment, and Supplies • Timely Resumption of Computer Processing Following Interruption of Service • Training Exercises to Ensure Readiness and Preparedness Task Responsibilities APS: APS staff will be the primary lead on this task assisting with the plan review tool creation. NPA: NPA staff will support APS staff on this task. Deliverables: • Kickoff meeting to align expectations, confirm scheduling, and discuss project management, • A project plan that clearly defines milestones/deliverables schedule for each component of the update • Project Management Coordination Meetings will include a simple agenda and task tracking summary • Plan Review Tool Task 2: Comprehensiveness Determination To accompany the plan review tool creation, the APS Team will also incorporate determinations regarding each plan's ability to support continued operations during and after a disaster. For each plan, the APS Team will identify key elements defined through industry standards and best practices that allow for objective determination and consistency across the suite of plans reviewed. The results of these analyses will be included in the final deliverable for the project. Task Responsibilities APS: APS staff will support NPA staff on this task. NPA: NPA staff will be the primary lead in this task assisting with the comprehensive determinations of each plan. Deliverables: • Business Continuity and Disaster Planning Compliance Tool Task 3: Plan Assessment The APS Team uses proven tools to conduct emergency management program assessments. To conduct the assessment, The APS Team will engage City staff and utilize the crosswalk created in Tasks 2a and 2b to complete the gap analysis, which will serve as the foundational tool for the plan assessment. Plans will be assessed for strengths, weaknesses, and opportunities for improvement in addressing disaster preparedness City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 115 Atlas Planning Solutions and disaster response capabilities. Our commitment to delivering a robust gap analysis involves a systematic and inclusive approach. The results of the analysis will be included in the final delivery for the project. Task Responsibilities APS: APS staff will be the primary review of emergency management plans like the Emergency Operations Plan, Emergency Operations Guide, Tsunami Incident Action Plan. NPA: NPA staff will be the primary reviewer of the continuity plan and support APS staff under this task. Deliverables: • Draft Plan Assessment identifying plan strengths, weaknesses, gaps, and areas of improvement. Task 4: Risk and Impact Analysis Through collaborative efforts, the APS Team and City will conduct a risk and impact analysis based on the plan assessment. APS will assess if the plans address key elements of business continuity and disaster planning and whether or not they provide a comprehensive strategy that outlines how the City will continue operating during and after a disaster. The results of the risk and impact analysis will help determine: • The adequacy of the plans • Critical recommendations for each plan • Optional recommendations for each plan • Work performed for required tasks and how the determination of adequacy was reached for each plan Upon completion of this task, the APS Team will develop the final delivery, which will be structured as follows: • Introduction • Plan Review Tool Overview • Plan Assessment Summary • Risk and Impact Analysis • Final Recommendations As part of this Assessment, the APS Team will also include many of the tools and analyses prepared as part of Tasks 1 through 4 into an Appendix to the document to provide the detailed information used to create the recommended path forward on the project. Task Responsibilities APS: APS staff will be the primary team members preparing the final deliverable under this task with support from NPA team members. NPA: NPA staff will be the primary team members supporting the risk and impact analysis under this task with support from APS team members. Deliverables: Risk and Impact Analysis of plans reviewed as part of the Plan Assessment Business Continuity and Disaster Planning Assessment Document City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 116 Atlas Planning Solutions H. Proposed Schedule The schedule provided assumes an efficient planning process and discrete timeframes for project management and coordination. Based on the proposed schedule, the Atlas Planning Solutions team anticipates a 4-month schedule to complete this project. City of Newport Beach Project Schedule Project Tasks Month 1 Month 2 Month 3 Month 4 Task 1: Plan Identification and Data Gathering Task 1.1: Planning Team Development Task 1.2: Data Gathering Task 1.3: Plan Review Tool Creation Task 2: Comprehensiveness of Plans' Strategy Task 3: Plan Assessment Task 4: Risk and Impact Analysis MEN Deliverable: Final Report of Business Continuity and Disaster Planning * Denotes a Meeting Atlas Piannma Team Tasks j Staff Peview Perods City of Newport Beach Business Continuity and Disaster Preparedness Assessment Page 117 Atlas Planning Solutions EXHIBIT B SCHEDULE OF BILLING RATES Atlas Planning Solutions Page B-1 Cost File Assumptions Proposed pricing for the Business Continuity and Disaster Planning Assessment prepared by the Atlas Planning Solutions Team is provided below and adheres to the following assumptions: • Pricing is based on the assumptions used to develop the proposed scope of work. If those assumptions require modification and adjustment, the APS Team can work with the City on refinements. • The proposed pricing provided has been submitted as a fixed price that will remain unchanged for the 1 year duration of the project. • Pricing provided includes labor; materials; equipment; supervision; travel and expenses; inflation/increases, and insurance necessary to provide the services under the proposed scope of work and schedule. • The proposed cost estimate will remain valid for 180 calendar days from the closing date of the RFP. • If additional cost detail is desired by the City, APS can provide this upon request. On the following page, the APS Team has provided the responses required within the boxes provided on the City's form. Please scroll down in the Staffs' Title response boxes to see the full list of staff presented. COST FILE PRICING - REVIEWING BUSINESS CONTINUITY AND DISASTER PLANS TASKS/DELIVERABLE STAFFS' HOURLY ESTIMATED TOTAL NOT TO TITLE RATE HOURS EXCEED TASK 1 (Identify Plans 1. Aaron $12,100 and determine if Pfannenstiel 1. $250 1.6 specific key elements s p y 2. Crystal Stueve 2. $175 2. 18 3.6 3. Lee Rosenberg 3. $200 are defined and 4. Jason Gwaltney 4. $155 4.14 addressed) 5. Amber Johnson $ 5. $140 6. $150 5.12 6. 16 $ Support Staff 6. SU TASK 2 (Determine 1. Aaron 1. $250 1.4 $5,860 comprehensiveness of Pfannenstiel 2 Crystal Stueve 2. $175 2.8 Plans' strategy) 3. Lee Rosenberg 3. $200 3.4 4. Jason Gwaltney 4. $155 4.8 5. Amber Johnson $ 5. $140 6. $150 5. 8 6. 2 $ 6. Support Staff TASK 3 (Identify Plans 1. Aaron Pfannenstiel 1. $250 1.2 $7,380 strengths, weaknesses, 2. Crystal Stueve 2. $175 2. 8 and o gaps, pp OrtUr11t12S 3. Lee Rosenberg 3. $200 3.4 4. Jason Gwaltney 4. $155 4.8 for improvement) 5. Amber Johnson $ 5. $140 5. 16 $ 6. Support Staff 6. $150 6.8 TASK 4 (Risk and 1. Aaron 66 $9,060 impact analysis) p y ) Pfannenstiel 2. Crystal Stueve 2. $175 2. 3. Lee Rosenberg 3. $200 3.6 4. Jason Gwaltney 4. $155 4.8 5. Amber Johnson $ 5. $140 5. 8 $ 6. Support Staff 6. $150 6. 8 DELIVERABLE 1 1. Aaron Pfannenstiel 1. $250 1.2 $5,160 (Report about Plans 2. Crystal Stueve 2. $175 2.4 3. Lee Rosenberg 3. $200 3.2 adequacy and 4. Jason Gwaltney 4. $155 4.8 recommendations) 5. Amber Johnson 5. $140 $ 5. 8 6.8 $ 6. Support Staff 6. $150 TOTAL ANNUAL $39,560 COST RFP No. 25-49 29 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Atlas Planning Solutions Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements 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 from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Atlas Planning Solutions Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Atlas Planning Solutions Page C-3 H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Atlas Planning Solutions Page C-4 4, Insured Name. ATLAS PLANNING SOLUTIONS n Account Number FV00000733 Address 6578 Banana Drive. Riverside, CA. 92606 Status Como0anl with Waived Deficiencies Account Information Account Number FV00000733 Risk Type Professional Services Agreement Do Not Call Address Updated Address Information