CITY COUNCIL ACTION REQUEST
Department(s):
Office of Emergency
Management
CEQA:
Not a Project, File No.
PP17-008,
Agreements/Contracts
(New or Amended)
resulting in no physical
changes to the
environment)
Coordination:
CAO, CMO-Budget,
Finance
Dept. Approval:
/s/ Raymond Riordan
Council District(s):
Citywide
CMO Approval:
3/17/22
SUBJECT: AMENDMENT TO THE AGREEMENT WITH WITT O’BRIEN’S LLC FOR COVID- 19 CONSULTING SUPPORT
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to negotiate and execute the Sixth Amendment to the Agreement with Witt O’Brien’s LLC (Witt O’Brien’s) for consulting support to assist the City in strategic emergency management support in updating plans and protocols related to the City’s response to COVID- 19 and to extend the Agreement from March 31, 2022 to March 31, 2023 with no increase in compensation.
Desired Outcome: Optimize City emergency planning and readiness for response to future catastrophic events with lessons learned from the COVID-19 pandemic, including review of the Emergency Operations Plan, Annexes and protocols to address shortfalls identified during response to COVID, improve readiness for sustaining operations to future emergencies, and ensure the most vulnerable residents are included in the City’s response posture, as noted in the Emergency Management and Preparedness Enterprise Priority.
BASIS FOR RECOMMENDATION:
In March 2020, the City, County of Santa Clara, State of California, and the United States declared respective states of emergency in response to the novel coronavirus COVID-19 pandemic.
The City mobilized an immediate response to the COVID-19 pandemic, by activating its Emergency Operations Center and contracting on an emergency and exigent basis with Witt O’Brien’s, to provide consulting support regarding COVID-19. The initial terms of the Agreement, as executed on March 18, 2020, was for 180 days with two options to extend for a period of three months each. The First Amendment increased compensation from $175,000 to $320,000 under City Manager authority on May 1, 2020. On June 30, 2020, the City Council authorized the City Manager to negotiate and execute a Second Amendment to the Agreement, increasing compensation to $730,000 with no extension to the term. The Third Amendment effective September 14, 2020 extended the term of the Agreement through December 13, 2020 with no increase in compensation. The Fourth Amendment effective December 1, 2020 extended the term of the Agreement through March 14, 2021 with no increase to compensation. A subsequent amendment extended the term to March 14, 2021 with no increase in compensation.
Since execution of the June 30, 2020 amendment, Witt O’Brien’s maintained its support of the City, with continuity and logistics planning for essential services; technical guidance regarding essential worker safety and use of personal protective equipment (“PPE”); review and interpretation of the frequent federal, state and local pronouncements on COVID-19; expedited Federal Emergency Management Agency (“FEMA”) reimbursement applications for food distribution and PPE; and substantial strategic assistance on identifying, implementing, monitoring and evaluating City community mitigation factors, such as healthy hygiene and physical distancing related to epidemiology, healthcare capacity, social services, and public health. Public COUNCIL AGENDA: 03/29/2022
FILE: 22-394
ITEM: 2.8
health expertise regarding COVID-19 had been the most significant and complex of Witt O’Brien’s services.
With each amendment, it was acknowledged that the time required for the competitive bid process could interrupt City access to the expertise Witt O’Brien’s provides in public health and strategic disaster planning and Witt O’Brien’s deep knowledge of FEMA programs and eligibility. Continued sole sourcing of this service was warranted under San José Municipal Code, Section 4.12.235 for unique services, federal procurement standards pursuant to 2 CFR §200.320(f)(2) and 2 CFR §200.320(f)(3), FEMA 44 CFR §13.36(d)(4), and the FEMA March 17, 2020 Memorandum on Procurement Under Grants Conducted Under Emergency or Exigent Circumstances for COVID-19.
On March 30, 2021 City Council approved the Fifth Amendment to the Witt O'Brien’s contract for COVID- 19 related strategic planning support services, increased compensation by $260,000 for a revised total amount not-to-exceed $990,000, and retroactively extended the Agreement from March 14, 2021 to March 31, 2022, subject to appropriation of funds.
Currently, the staff recommendation to extend the term of the Agreement to March 31, 2023 is to ensure the consulting services currently provided by Witt O’Brien’s remain in place to finish a review of emergency plans and procedures due to lessons learned while providing services in response to the COVID-19 pandemic.
Witt O’Brien’s awareness of the operations during response are invaluable in improving the plans for future emergencies. All future contracts will be competed in the Request for Proposal process.
Climate Smart San José: No proposed changes to service delivery, programs or staffing that has significant community/resource impacts, including any negative impact on Climate Smart San José energy, water, or mobility goals.
Commission Recommendation/Input: There is no commission recommendation or input associated with this action.
This Council item is consistent with the City’s 2021-2022 Adopted Operating Budget City Service Area Strategic Support Delivery Framework: “Sound Fiscal Management that Facilitates Meeting the Needs of the Community”.
COST AND FUNDING SOURCE:
City Council previously approved a contract extension through March 31, 2022 for Witt O’Brien’s. The Office of Emergency Management seeks an approval to execute an additional contract extension through March 31, 2023 and change the funding source of the contract due to eligibility. The funds encumbered under the contract to date were eligible for FEMA reimbursement. With the additional tasks to be performed under this new extension, the work would not be FEMA eligible. Therefore, the Office of Emergency Management’s Non-Personal/Equipment allocation in the General Fund (Appropriation 211O) will fund this amendment. The execution of the new contract extension will not exceed the remaining balance in that appropriation.
FOR QUESTIONS CONTACT: Raymond Riordan, Director of the Office of Emergency Management, [email protected].