Solvang City Council
October 13, 2025

REQUEST FOR PROPOSALS (RFP)
FOR

SOLVANG COMPREHENSIVE EMERGENCY PLANNING SERVICES
RFP RELEASE DATE: August 11, 2025
RFP SUBMISSION DEADLINE: September 22, 2025
ANTICIPATED SCHEDULE FOR SELECTION:

Distribution of RFP August 11, 2025
Last Date to Submit Questions August 29, 2025
Answers to Questions Posted September 5, 2025
Proposer Submits RFP September 22, 2025
Ranking of Proposers & Notification of Selection Week of September 29, 2025 Award of Professional Services Agreement October 13, 2025 56

PUBLIC NOTICE

REQUEST FOR PROPOSALS FOR

SOLVANG COMPREHENSIVE EMERGENCY PLANNING SERVICES
The City of Solvang (“City”) invites qualified firms to submit proposals for professional services to strengthen the City’s emergency preparedness and resilience. The selected consultant will play a critical role in updating the City’s Emergency Operations Plan (EOP), developing a Continuity of Operations Plan (COOP), conducting a gap analysis of Emergency Operations Center (EOC) capabilities, and delivering a comprehensive training and exercise program. This work will help the City address the complex challenges of modern emergency management, including multi-jurisdictional coordination, compliance with federal and state mandates, and enhanced operational readiness.

Proposals will be evaluated based on understanding of the scope of work, technical approach, team qualifications, and demonstrated experience with California-specific standards such as NIMS, SEMS, and Cal OES guidance. Strong emphasis will be placed on the proposer’s ability to collaborate effectively with public safety agencies, City staff, and community stakeholders.

Proposals shall be labeled “Solvang Comprehensive Emergency Planning Services.” If your firm is interested and qualified, please submit four (4) hard copies and one (1) electronic copy of your Proposal on or before September 22, 2025, by 5:00 p.m. to:

City of Solvang
Attn: Olivia Uribe Mutal
1644 Oak Street
Solvang, CA 93463
[email protected]
Any changes, additions, or deletions to this Request for Proposal will be in the form of a written addendum issued by the City. Addenda will be posted in Planet Bids and on the City website, along with RFP. Prospective proposers must check Planet Bids or the website for addenda or other relevant new information during the response period. The City is not responsible for any prospective proposer's failure to receive such addenda. All addenda so issued shall become a part of this Request for Proposal. In addition, any questions submitted shall be posted with answers on Planets Bids and the website as well.

ATTACHMENTS:

A: SAMPLE City of Solvang Professional Services Agreement B: Insurance Requirements
C: Campaign Disclosure Form
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INTRODUCTION
The City of Solvang (“City”) is seeking proposals from qualified emergency management consultants to deliver a comprehensive suite of planning and training services that will strengthen the City’s ability to respond to, recover from, and mitigate disasters and emergencies. Key tasks include updating the Emergency Operations Plan (EOP), developing a Continuity of Operations Plan (COOP), assessing Emergency Operations Center (EOC) needs, and implementing a tailored emergency training and exercise program for staff.

The selected consultant will work closely with City leadership and coordinate with Santa Barbara County Fire Department and the Santa Barbara County Sheriff’s Office, Solvang’s contracted public safety providers. This project directly supports Solvang City Council Goals 6 and 7 to improve public safety and emergency readiness, and it complements the City’s growing investment in wildfire mitigation and vegetation management, as described in the Local Hazard Mitigation Plan (LHMP).

This project is expected to span 12 to 18 months. Consultants must demonstrate their ability to manage deliverables on schedule and collaborate effectively with multi-agency partners.

CITY OF SOLVANG PROFILE
Founded in 1911 by Danish immigrants and incorporated in 1985, Solvang, meaning “Sunny Field,” is nestled in the heart of California’s Santa Ynez Valley. With a permanent population of approximately 6,100, the City attracts more than five million visitors annually, drawn by its Danish-inspired architecture, cultural events, and pedestrian-friendly downtown.

Solvang’s emergency services are provided through interagency agreements with the Santa Barbara County Fire Department and the Santa Barbara County Sheriff’s Office. The City’s distinctive geography, reliance on two primary access routes, and tourism driven downtown concentration present complex challenges for evacuation and emergency response.

Located within the wildland-urban interface (WUI), Solvang faces heightened wildfire risk exacerbated by prolonged fire seasons, wind events, and dense vegetation.

To protect public safety and sustain the community’s quality of life and economic vitality, the City is actively planning for resilience, not only to wildfire but to a wide range of natural and human-caused disasters. Through coordinated planning, risk reduction, and preparedness initiatives, Solvang is committed to building the organizational capacity, infrastructure, and partnerships needed to withstand and recover from future emergencies.

PROJECT BACKGROUND AND OBJECTIVES
This project will implement several Council priorities by modernizing Solvang’s emergency management infrastructure. Objectives include:
• Update the Emergency Operations Plan (EOP): Revise the City’s 2014 EOP to align with FEMA’s CPG 101 v3.0, Cal OES standards, and recent state legislation (SB 160, AB 2311, AB 477). The updated plan should be user-friendly, operationally focused, and tailored to Solvang’s hazard profile, including wildfire, drought, and evacuation constraints. 58

• Develop a Continuity of Operations Plan (COOP): Identify essential services, succession protocols, alternate work sites, and strategies for restoring IT, communications, and core government functions following disruption. This task also supports Goal 27 to assess administrative and operational readiness. • Conduct an EOC Needs Assessment: Inventory current EOC capabilities and identify gaps in equipment, space, technology, and staffing. Provide actionable recommendations to enhance coordination capacity, particularly during peak tourism and high fire-risk seasons.
• Deliver Emergency Staff Training and Exercises: Provide NIMS- and SEMS-compliant training and facilitate a scenario-based tabletop exercise to evaluate readiness. Prepare an After-Action Report and Improvement Plan.
• Integrate Wildfire Preparedness and CWPP Alignment: Ensure that the EOP and associated annexes align with the forthcoming Community Wildfire Protection Plan (CWPP), particularly in areas related to evacuation planning, defensible space, and fire mitigation strategies.
• Coordinate with Santa Barbara County’s Genasys Platform: Align Solvang’s evacuation protocols and public alerting procedures with the countywide Genasys system launching in 2025.
• Support Public and Council Engagement: Assist with the preparation of presentations and outreach materials for public meetings and City Council briefings related to emergency preparedness.

SCHEDULE
Proposals must be received by the City no later than 5:00 p.m. on September 22, 2025, to be considered. See Anticipated Schedule for Selection on the cover page of the RFP.

SCOPE OF SERVICES
The selected consultant will be responsible for delivering a full range of professional emergency planning services, structured into four integrated phases. Each phase builds on the last to ensure continuity of government, emergency readiness, public transparency, and longterm resilience. All work must comply with FEMA’s Comprehensive Preparedness Guide (CPG) 101 v3.0, the National Incident Management System (NIMS), the Standardized Emergency Management System (SEMS), and applicable California regulations and mandates.

Phase 0: Project Kickoff and Document Review (Month 1)
• Conduct a project kickoff meeting with City leadership and staff to confirm scope, communication protocols, deliverable expectations, and project timeline. 59

• Review existing emergency-related plans and materials, including the City’s 2014 Emergency Operations Plan (EOP), Local Hazard Mitigation Plan (LHMP), mutual aid agreements, evacuation procedures, emergency checklists, and departmental continuity efforts.
• Submit a Project Management Plan outlining schedule, deliverables, and reporting structure.

Phase 1: Emergency Operations Plan (EOP) Update & EOC Inventory (Months 1–8) • Conduct a local Threat and Hazard Identification and Risk Assessment (THIRA) informed by Solvang’s geography, tourism density, wildfire exposure, and public safety dependencies.
• Fully revise the 2014 EOP to align with FEMA CPG 101 v3.0, Cal OES guidance, and relevant California legislation (SB 160, AB 2311, AB 477). • Audit functional annexes, streamline protocols and checklists, and clarify department responsibilities.
• Evaluate current Emergency Operations Center (EOC) capabilities, including layout, equipment, communications, staffing, and software.
• Produce an EOC Inventory and Gap Analysis Report, with prioritized recommendations for improvements.

Phase 2: Continuity of Operations Plan (COOP) Development (Months 6–12) • Identify essential functions, succession plans, and alternate work locations for each City department.
• Document protocols for IT recovery, communications continuity, data protection, and vital records access.
• Facilitate department-level workshops to test plan assumptions and build organizational buy-in.
• Deliver a COOP document that is practical, scalable, and appropriate for Solvang’s operational capacity and staffing structure.

Phase 3: Emergency Staff Training and Exercises (Months 12–18) • Develop and deliver a tailored emergency management training curriculum aligned with NIMS, ICS, and SEMS.
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• Provide position-specific training and “just-in-time” tools such as quick-reference guides, checklists, and slide decks.
• Design and facilitate a scenario-based tabletop exercise (TTX) that simulates a realistic hazard, such as wildfire evacuation or power outage response. • Conduct an After-Action Review (AAR) and draft an Improvement Plan (IP) to document lessons learned and identify actionable follow-up steps.

Phase 4: Public and Interagency Engagement (Ongoing, Months 1–18) • Collaborate with City staff to create presentations, talking points, and briefing decks for City Council, interagency partners, and public audiences. • Support development of public-facing content related to emergency preparedness, wildfire risk, and evacuation procedures.
• Ensure integration with Santa Barbara County’s Genasys evacuation and alert platform, aligning messaging and protocols with regional partners. • Recommend and help implement strategies for community engagement, with targeted messaging for residents, businesses, vulnerable populations, and tourists.

Optional Phase 5 – Design Consultation for New City Hall EOC As an optional add-on to this contract, the selected consultant may be asked to provide expert input to support the City’s planning and design of a new Emergency Operations Center (EOC) within the future City Hall facility. This phase would include:
• Reviewing preliminary architectural concepts or space plans. • Recommending optimal layout, technology, and functional elements based on EOC best practices and SEMS/NIMS compliance.
• Ensuring continuity with the City’s EOP and COOP.
• Participating in up to two planning meetings with City staff and/or the project design team.
• Delivering a short technical memorandum with recommendations.

This optional phase would only be initiated upon written authorization from the City and may be negotiated separately based on scope and budget availability.

DELIVERABLES AND REPORTING
The consultant shall provide all project deliverables in both printed and editable digital formats (e.g., Microsoft Word, Excel, PowerPoint, and GIS-compatible files, as applicable). All materials must comply with current ADA accessibility standards. 61

Each deliverable shall follow a Draft → Review → Final process that allows sufficient time for City review, feedback incorporation, and approval.

In addition to the technical deliverables, the consultant shall provide bi-weekly or monthly status reports summarizing completed tasks, upcoming milestones, and any coordination needs or schedule risks. A final project report summarizing outcomes, implementation guidance, and next steps will be required at project closeout.

CORE DELIVERABLES
• Updated Emergency Operations Plan (EOP): Fully revised and FEMA CPG 101 v3.0– compliant, with annexes tailored to Solvang’s geography, hazards, and operational structure.
• Emergency Operations Center (EOC) Needs Inventory & Gap Analysis: A detailed assessment of existing EOC capacity, identifying short- and long-term recommendations for equipment, space, staffing, and technology improvements. • Continuity of Operations Plan (COOP): A Citywide COOP that identifies essential functions, succession protocols, alternate locations, and procedures for restoring IT, communications, and vital records.
• Training Curriculum and Materials: Custom-developed materials including instructor guides, presentation decks, checklists, just-in-time job aids, and handouts for general and position-specific emergency management training.
• Training Documentation: Attendance logs, evaluation summaries, and feedback reports for all sessions delivered during the project period. • Facilitated Tabletop Exercise (TTX): A scenario-based exercise with a Master Events List (MEL), participant guides, and logistics support, followed by a comprehensive AfterAction Report (AAR) and Improvement Plan (IP). • Public and Council Engagement Tools: PowerPoint briefings, talking points, and draft messaging to support community presentations, City Council updates, and regional coordination efforts (e.g., Genasys platform integration). • Progress Reports: Bi-weekly or monthly updates during the life of the project and a final report summarizing all deliverables, recommendations, and implementation guidance.

GENERAL CONDITIONS

LIMITATIONS
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal in response to this request, or to procure or contract for services or supplies. The City expressly reserves the right to reject any proposals or to waive any irregularity or information in any proposal or in the RFP procedure and to be the 62

sole judge of the responsibility of any proposer and of the suitability of the materials and/or services to be rendered. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City reserves the right to modify the RFP schedule described above.

AWARD
The City may request that RFP finalists present oral presentations regarding their firms and any specialized expertise in the relevant areas to either staff or in a Council presentation. All finalists may be required to participate in negotiations and submit such price, technical, or other revisions of their proposals as may result from negotiations. The City also reserves the right to award the contract without discussion or interviews, based upon the initial proposals. The selection will be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Following the initial qualifications-based selection, the price proposal provided will be the basis for negotiations to ensure the City receives a fair and reasonable price.

INQUIRIES AND RESPONSES
All questions related to this RFP must be submitted in writing via email to [email protected] by 5:00 p.m. on August 29, 2025. Responses will be posted publicly on the City’s website and Planet Bids by September 5, 2025.

Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposals. Failure to adhere to this policy may be grounds for rejection of a proposal.

The City of Solvang shall not be responsible for any oral interpretations given by its employees, representatives, or others. Bidders are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document.

The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be provided. Any changes, additions, or deletions to this Request for Proposal will be in the form of a written addendum issued by the City. Prospective proposers must check the website and/or Planet Bids for addenda or other relevant new information during the response period. The City is not responsible for any prospective proposer's failure to receive such addenda. All addenda so issued shall become a part of this Request for Proposal.

PRE-CONTRACTUAL EXPENSE
Pre-contractual expenses are defined as expenses incurred by proposers and selected contractors in:

1. Preparing proposals in response to this RFP;

2. Submitting proposals to the City;

3. Negotiations with the City on any matter related to proposals; and

4. Other expenses incurred by a contractor or proposer prior to the date of award of any agreement.

The City shall not be liable for any pre-contractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price 63

proposed in response to this RFP. The City shall be held harmless and free from any liability, claims, or expenses incurred by, or on behalf of, any person or organization responding to this RFP.

PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Solvang and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

CONTRACT REQUIREMENTS
The selected consultant must enter into a Professional Services Agreement with the City that includes provisions related to compensation, indemnification, insurance, and signed campaign disclosure. The scope, budget, and schedule to complete the project will be incorporated into this agreement.

The Professional Services Agreement must be fully executed by the selected consultant prior to placement of the item on a City Council agenda for approval.

A SAMPLE of the City of Solvang’s Professional Services Agreement is included in Attachment A of this RFP. Please review the agreement carefully. This is the contract the consultant will be expected to execute without alteration. By submitting a proposal, the consultant affirms its willingness and ability to execute the agreement as provided.

Refer to the following attachments for additional requirements:
• Attachment A – SAMPLE City of Solvang Professional Services Agreement • Attachment B – Insurance Requirements
• Attachment C – Campaign Disclosure Form
The proposers must complete and submit the Campaign Disclosure Form (Attachment C) as part of their proposal package. Proposals that fail to include this completed form may be deemed non-responsive.

The consultant is responsible for the accuracy and completeness of all data, plans, and estimates prepared for this project and shall verify all such materials accordingly.

While the City may review deliverables for quality, completeness, and conformity, the final responsibility remains solely with the consultant.

METHOD OF PAYMENT
For all services rendered as described in the Scope of Work (including all labor, equipment, materials, and expenses) the Consultant shall be compensated on a “time and material, not-to-exceed basis” by task for work completed. Each invoice submitted for payment shall briefly describe the work billed on that invoice, total billed to date, total paid to date, and amount remaining. 64

SUBMISSION INSTRUCTIONS
All proposals must be received no later than 5:00 p.m. on September 22, 2025. Late or incomplete submissions will not be considered and will be returned unopened. Proposers must submit four (4) hard copies and one (1) electronic copy (via email or USB flash drive), clearly labeled “SOLVANG COMPREHENSIVE EMERGENCY PLANNING SERVICES,” by mail, recognized carrier, or hand delivery to:

City of Solvang
Attn: Olivia Uribe Mutal
1644 Oak Street
Solvang, CA 93463
[email protected]
All proposals received prior to the date and time specified above for receipt may be withdrawn or modified by the proposer's written request. Modifications must be submitted in writing, with the same number of copies as the original proposal, and received by the submission deadline.

Until the contract is awarded, the proposals shall be kept confidential and shall not be made available for public review. Upon award of the contract to the successful proposer, all proposals shall be considered public records. No proposal shall be returned after the date and time set for opening thereof. Following the execution of the contract between the City and the consultant, a project kick-off meeting will be held to finalize the project scope and begin the project.

The City is not responsible for delays in delivery. It is the Proposer’s responsibility to ensure timely submission to the correct location. Late, misdelivered, faxed, or emailed submittals will be deemed non-responsive and will not be considered. Submittals lacking the required number of copies or requested information may also be rejected. All submitted materials become the property of the City and will not be returned.

PROPOSAL CONTENT AND ORGANIZATION
The proposal must be concise, well-organized, and demonstrate the consultant’s qualifications. The proposals shall also include the information listed below:

The following criteria shall be required of all proposals submitted for the Project to provide consistency for the Selection Committee reviewing the proposals. Any proposal that does not conform to these requirements will receive a reduced score. Proposals must contain the information requested below and be organized in the following order:

A. Cover Letter
Include the name, title, address, and telephone number of the person that the City may contact regarding the proposal throughout evaluation. Acknowledgement of receipt of any addenda shall be made in the Cover Letter.
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B. Qualification Statements
• Personnel and Qualifications
⋅ Present thorough résumés limited to relevant experience over the last 3 years. ⋅ Condense résumés and utilize a tabular format for project experiences, aligning with the proposal's scope.
• Team and Organizational Structure
⋅ Offer a concise description of each firm involved, including organizational specifics and proportional responsibility.
⋅ Clarify team experience collectively using detailed descriptions of past projects. • Client References
⋅ Maintain a comprehensive reference list detailing current and comparable projects, including at least three from each contributing entity. The City reserves the right to contact references and conduct site visits to existing installations.

C. Project Approach, Management Approach/Subjective Statements This section should demonstrate a comprehensive understanding of the project scope and the consultant’s ability to deliver a high-quality, collaborative, and compliant emergency planning engagement. Proposals should outline the firm’s methodology for completing all project phases, while showcasing the qualifications of the team members who will lead and support the work.

Project Approach: Describe your technical and management approach to delivering each phase of the project, including:
• Key tasks and strategies for updating the Emergency Operations Plan (EOP), developing the Continuity of Operations Plan (COOP), conducting the EOC Needs Assessment, delivering training and exercises, and supporting public and interagency engagement
• Internal project management methods, including schedule control, quality assurance, communication protocols, and stakeholder coordination
• Integration of federal and state requirements, including Cal OES standards, FEMA CPG 101 v3.0 compliance, and ADA accessibility in all deliverables • A clear explanation of how your firm’s approach is tailored to the unique needs of a small, tourism driven city with complex evacuation constraints and interagency response structures
Team Qualifications: Highlight the strengths of your proposed team, including:
• Qualification Statement
• Resumes for key personnel, including the project manager, subject matter experts, and any subcontractors
• Relevant credentials and certifications (e.g., CEM, CEMG, CSTI, FEMA ICS/NIMS/SEMS training)
• A brief description of the roles each team member will play and their experience with similar municipal planning projects
Relevant Project Experience: Provide brief summaries of three to five comparable projects completed within the past five years. For each, include:
• Client name and project title 66

• Description of scope and services provided
• Total budget, timeline, and conformance with budget
• Key team members involved
• Contact information for a client reference
The City of Solvang is seeking a consultant team that is:
• Proactive, communicative, and responsive
• Experienced in municipal emergency planning, wildfire resilience, and interagency coordination
• Detail-oriented and able to follow through without close oversight • Skilled at translating complex information into clear, usable materials for both staff and the public
This section will be heavily weighted in the evaluation process and should reflect both technical expertise and a strong cultural fit for the City’s needs and working environment.

D. Schedule
This section should include an implementation schedule outlining major activities and submittals, as well as a discussion of how the consultant proposes to deliver the completed system in accordance with the schedule. The City is seeking consultants who can complete the project from award to completion of all phases by December 31, 2026, but no later than April 30, 2027. The City wants to see a proactive approach from the Consultant, along with a list of creative strategies and recommendations that may help expedite the schedule and achieve the preferred December 2026 completion target.

E. Cost Structure
Submit a complete breakdown of costs by project phase. Identify hourly rates by staff role, expected hours, travel or per diem allowances, and any optional services. Include a table summarizing all project costs.
• Cost Structure and annual Cost Estimate with justification • Justification of hours and costs may be required prior to final selection and will be required prior to contract execution.
• The proposal shall include hourly rates for personnel providing work under the contract. • The proposal should include options for reducing or adding services.

F. Insurance Coverage
This section shall include a statement of the Proposer's current insurance coverage signed by a company official. The City requires a minimum of one million dollars ($1,000,000) for Professional Liability Insurance, and one million dollars ($1,000,000) for each of the following: Automobile Liability Insurance, General Liability Insurance, and Workers' Compensation Insurance. If the Proposer's current coverage does not meet the City's minimum requirements, a statement of the Proposer's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.

The City requires a waiver of subrogation endorsement in favor of the City for all insurance policies required under this agreement, including but not limited to general liability, 67

automobile liability, and workers’ compensation coverage. This endorsement must be provided prior to contract execution. Sample available upon request.

SELECTION PROCESS
Proposals will be evaluated based on the weighted criteria outlined in the next section.

The City will rank the most qualified firms based on demonstrated competence, relevant experience, and the qualifications of the individuals proposed to perform the work. While cost will be considered, it will not be the sole determining factor, and the contract may not be awarded to the lowest bidder.

At its sole discretion, the City may invite top-ranked firms for interviews to clarify responses and assess fit. The City will initiate negotiations with the highest-ranked firm; if an agreement cannot be reached, negotiations may continue in order of ranking until a contract is executed. Final selection, contract terms, and authorization to proceed rest solely with the City.

EVALUATION CRITERIA

1. Technical Approach and Work Plan (30%)
• Demonstrated understanding of the full scope, including EOP update, COOP development, EOC gap analysis, staff training, and public engagement • Clear, phased methodology aligned with FEMA CPG 101 v3.0, SEMS, NIMS, and Cal OES requirements
• Integration of wildfire risk, tourism-related challenges, evacuation constraints, and Solvang’s contracted public safety model
• Realistic and achievable work plan with clearly defined deliverables, review cycles, and implementation strategies
• Demonstrated ability to deliver ADA-accessible, operationally relevant materials tailored to a small, high-visibility municipality

2. Team Experience and Qualifications (25%)
• Relevant experience of the project team in California-based emergency planning, continuity planning, EOC assessment, and staff training • Certifications and credentials (e.g., CEM, CSTI, FEMA ICS/NIMS) of key staff and subcontractors
• Experience working with cities of similar size and complexity, especially within the wildland-urban interface (WUI) or with tourism driven economies • Organizational structure, internal coordination strategy, and depth of staffing resources to ensure continuity
• Proven ability to work collaboratively with county-level fire and law enforcement partners

3. Project Management and Schedule (20%)
• Detailed implementation timeline covering all phases of the project (EOP, COOP, EOC, training, engagement)
• Clear project management framework including quality control, communication protocols, reporting frequency, and internal accountability • Contingency planning to address staffing, scheduling, or coordination risks 68

• Availability and continuity of key personnel for the full duration of the 12–18-month project
• Ability to mobilize early and maintain momentum without excessive City oversight

4. References and Past Performance (15%)
• Quality and relevance of at least three references from recent emergency planning or public safety-related projects
• Demonstrated record of delivering plans and training on time, within budget, and to the satisfaction of public sector clients
• Evidence of successful coordination with law enforcement, fire agencies, and City staff • Endorsements or documentation of measurable outcomes, implementation success, or long-term plan adoption

5. Cost and Value (10%)
• Clarity, detail, and justification of the proposed fee schedule, including labor, travel, and optional services
• Reasonableness of cost in relation to scope and project complexity • Transparency of assumptions, estimated hours, and deliverable costs • Value provided for the investment, including options for scaling or phasing services based on funding availability
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CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this XXth day of XXX, 2024 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and LEGAL NAME OF ENTITY, a (Type of entity) with its principal place of business at Complete Address (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the abovereferenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.

However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.

1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $type dollar amount here, unless and until this Agreement is amended as provided herein. 70 XYZ Corporation

1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None_____________________

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
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2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.

2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 72 XYZ Corporation
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.

2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.

2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.

3.0 OBLIGATIONS OF CITY

3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.

4.0 TERMINATION OF AGREEMENT

4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
73 XYZ Corporation
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.

4.04 Termination: This agreement shall terminate on Date of termination, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.

5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5.04 Confidentiality:
(a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or 74 XYZ Corporation
subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.

Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Consultant’s obligations under this paragraph shall survive the termination of this contract.

6.0 MISCELLANEOUS

6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan, City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO: CONSULTANT Entity
Authorized Signor & Title
Street Address
City State & Zip

6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.

6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.

6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations 75 XYZ Corporation
developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
(b) In the event of any conflict between the terms of this agreement and the terms of an exhibit, the terms of this agreement shall control, even if the exhibit purports to modify this agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this agreement, even if such exhibit purports to affect the provisions of Section 2.05.

Furthermore, any attempt to limit liability to the City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: ___________.

6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.

6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 76 XYZ Corporation

6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.

6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

CITY OF SOLVANG CONTRACTOR

LEGAL ENTITY NAME

Randy Murphy, City Manager Authorized signor & Title
ATTEST: APPROVED AS TO FORM
Richards, Watson & Gershon

Annamarie Porter, City Clerk Chelsea O’Sullivan, City Attorney 77 XYZ Corporation

EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
78 XYZ Corporation

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement 79 XYZ Corporation
or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 80 XYZ Corporation

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. 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.
81 CITY OF SOLVANG
Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street │ Solvang, CA 93463 │ www.cityofsolvang.com │ (805) 688-5575

APPLICANT/INTERESTED PARTY INFORMATION
Applicant Name:

Phone: Email (required):

Representative/Agent:

Phone: Email:

Mailing Address:

City: State: Zip:

Website:

Name and subject matter of applicant’s proceeding:

CONTRIBUTION DISCLOSURE (GOVERNMENT CODE SECTION 84308) Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof, that are affiliated with the above-referenced proceeding. You may attach additional pages as necessary to list contributions made to involved agency officers and provide additional information about the contributor's relationship with the recipient.

Contributor Name:

Date of Contribution Recipient Office/Candidate Contribution Amount ($):

Refund: Yes or No;
Date of Refund.
☐ By checking this box I certify that I have not given any contributions consistent with Government Code Section 84308

ACKNOWLEDGEMENT
This form must be updated after each contribution, and no less than 45 days before any agency consideration regarding the abovereferenced application. Completion of this form does not waive or in any way impact a party's obligation to disclose such contributions over $250 on the record of the proceeding pursuant to Government Code section 84308(e).

I declare under penalty of perjury that the information which has been included in this Disclosure Form is true and correct:

Signature: _______________________________________________ Date: ______________________________ Print Name: ______________________________________________

OFFICIAL USE ONLY
File/Project No: Date Received:
82 Solvang Comprehensive Emergency Planning Services – Addendum 1 – Q&A Questions Received questions from Marcus Hennessey, CEO at California Resilience Solutions LLC, on 8/15/25
Project Scope and Resources

1. What are the specific expectations for how the consultant will coordinate with the Santa Barbara County Fire Department and the Santa Barbara County Sheriff’s Office? Will a City staff member be designated to facilitate these interagency introductions and meetings?

1. A: City will open doors; the consultant will lead coordination. Because Solvang receives police and fire services through contracts with the Santa Barbara County Sheriff’s Office (SBSO) and the Santa Barbara County Fire Department (SBCFD), coordination will involve these external partners. The City will designate a single Project Manager (PM) to introduce the consultant to SBSO and SBCFD leadership (and OEM, as applicable), send the initial joint email, and attend the kickoff meeting. After those introductions, the consultant schedules, runs, and documents all coordination meetings and work sessions, copying the City PM on significant correspondence. Expect one joint interagency kickoff within 30 days of the Notice to Proceed, followed by monthly touchpoints (with more frequent updates at key milestones, such as hazard analysis, draft EOP/COOP sections, and exercise planning). Typical participants include the City PM, SBSO area/contract leads, SBCFD battalion/division/OEM representatives, as well as other mutual-aid or utility partners as needed. Coordination should encompass roles and responsibilities within the EOP/COOP, evacuation and reentry, alert and warning, EOC–field linkages for the Law and Fire Branches, resource requests, sheltering/mass care interfaces, and PIO/JIC information sharing. Deliverables include a stakeholder map and contact matrix; agendas, notes, and action logs with owners and due dates; routing of drafts for agency comment with a documented comment-resolution log; and, where feasible, acknowledgments on final roles/responsibilities sections.

Participation by SBSO and SBCFD is subject to operational priorities, and the City cannot compel attendance; the consultant should provide reasonable lead time and offer flexible options (virtual/hybrid and multiple scheduling windows).

2. What is the estimated number of City staff members who will require NIMS- and SEMS-compliant training as part of this project? This will help us properly scope the training and exercise phases.
2A: 41 staff
83 3. Are there any specific data sets, such as tourism density reports or traffic flow studies, that the City can provide to support the Threat and Hazard Identification and Risk Assessment (THIRA)?
3A: We will gather relevant data. We don’t currently have traffic flow studies, but we will also check with partners, including SBSO (Sheriff’s Office) and SBCF (County Fire)

4. Project Management and Deliverables: Does the City have a preferred format or template for the updated Emergency Operations Plan (EOP) and Continuity of Operations Plan (COOP), or should the consultant propose a new structure? 4A: The City does not prescribe a specific template for the updated EOP or COOP and invites the consultant to propose the structure that best fits Solvang. Your deliverables should fully align with federal and state standards, including FEMA CPG 101 (v3), NIMS/NRF, California SEMS/Cal OES guidance, and the FEMA Continuity Guidance Circular (with FCD-1/2 as applicable). Please include a brief standards crosswalk with your annotated outline at kickoff for City review and approval; beyond that, we are comfortable following your professional expertise.

5. What is the typical or expected review period for each draft deliverable (e.g., EOP draft, COOP draft, AAR) to allow for effective scheduling and to meet the project timeline?
5A: For scheduling, assume a standard City review period of 10 business days for routine drafts (e.g., AAR/IPs and exercise materials) and 15 business days for major plan sections and full EOP/COOP drafts. The City will return one consolidated set of comments (tracked changes plus a summary memo). The consultant should target 10 business days to turn revisions, with final versions due within 15 business days after receipt of consolidated comments unless a faster cadence is mutually agreed for timecritical items.

6. Regarding ADA accessibility for all deliverables, does the City have specific standards (e.g., WCAG 2.1 AA) or preferred tools for compliance that the consultant should follow?
6A: All deliverables must conform to WCAG 2.1 AA and Section 508. Documents and PDFs should use proper styles and tagging (headings, lists, and tables with headers), correct reading order, bookmarks, alt text for images, sufficient color contrast, descriptive hyperlinks, and captions/transcripts for any media. We do not mandate a specific tool, but we expect the use of Microsoft 365’s Accessibility Checker during authoring and Adobe Acrobat Pro’s Accessibility Checker/Preflight before delivery. The City may also spot-check with tools such as WAVE. Please include a brief Accessibility 84 Conformance Summary with each final deliverable noting methods used and any exceptions.

7. Contract and Budget: The RFP mentions that "justification of hours and costs may be required prior to final selection." Could the City provide more detail on what this justification typically entails, such as detailed task breakdowns or a summary of assumptions?
7A: Provide a response that includes: (1) task-level hours by labor category (level 2–3 WBS), (2) key assumptions, exclusions, and dependencies, (3) staffing plan and level of effort by month (identify subconsultants), (4) counts/durations for meetings, workshops, and exercises, (5) deliverables with explicit PM and QA/QC hours, (6) travel and other direct costs with quantity × unit basis, (7) schedule milestones and any unit rates for add/delete work, and (8) separately priced optional alternates (if any). The City may request limited clarifications or minor adjustments to align scope and budget; any material change would be negotiated and documented in the final contract.

8. Could the City provide a more specific list of departments that will be required to participate in the departmental workshops for the COOP development and the tabletop exercise?
8A: City Departments: Planning, Parks & Recreation, Utilities (Water and Wastewater), and Administration
• Stakeholders/Partners: Police, Fire, Santa Barbara County, businesses via the Solvang Chamber of Commerce, the Tourism and Marketing Advisory Committee (TMAC), and the Santa Barbara County Office of Emergency Management
Questions Received questions from Fay Glass at FPEM Consulting Services 8/18/25

9. Project Kickoff & Document Review: Can you confirm which existing emergency planning documents will be provided for review (e.g., prior EOPs, COOPs, hazard assessments)?
9A: The following plans are available for review. We are actively developing an inventory of all plans available in the City.
• City of Solvang Emergency Operation Plan 2008
• Santa Barbara County Multijurisdictional Hazard Mitigation Plan 2013 with City of Solvang Annex
• The City of Solvang Water Division Emergency Response Plan 85 • City of Solvang Hazard Communication Program
• Solvang Community Disaster Container Inventory
• Emergency Action Plan Bradbury Dam
• Facility inspection checklists
• Operations Section EOC Binder
• Standard Operating Procedures, Positional Emergency Checklist, City Clerk

10.Are there specific stakeholders or departments that must be included in the kickoff meeting? What form of communication would you prefer for updates, emails, Zoom, or reports?
10A: The kickoff meeting should include the following:
• City Departments: Planning, Parks & Recreation, Utilities (Water and Wastewater), and Administration
• Stakeholders/Partners: Police, Fire, Santa Barbara County, businesses via the Solvang Chamber of Commerce, the Tourism and Marketing Advisory Committee (TMAC), and the Santa Barbara County Office of Emergency Management
Preferred communication for updates: Email and written update reports. Some virtual meetings (e.g., Zoom) will also be required.

11. Emergency Operations Plan (EOP) Update & EOC Inventory: Is the City seeking a full rewrite of the EOP and targeted updates to specific annexes and functional components?
11A: Complete rewrite of the entire plan.

12.Will FPEM be responsible for conducting a physical inventory of EOC assets, or is there an existing inventory to validate?
12A: An inventory will be created and provided to FPEM as a starting point.

13.Continuity of Operations Plan (COOP) Development: Does the City have a COOP template or prior version to build upon, or is this a new development from scratch?
13A: This is a new component; there is no existing COOP.

14.Emergency Staff Training & Exercises: What is the preferred format for training (e.g., in-person, virtual, hybrid)?
86 14A: In person

15.Are there specific roles or departments that require tailored training modules? 15A: All staff will have taken the intro to EOC and section-specific coursework training.

In addition to ICS 100 and 700. We need exercises and supplemental training.

16.What type of exercise is envisioned: tabletop, functional, or full-scale, and what level of documentation is expected (e.g., After Action Reports, Improvement Plans)?
16A:
• Baseline exercise: One HSEEP-compliant Tabletop Exercise (TTX) for the City EOC (3–4 hours) focused on [wildfire/PSPS/flood—City to specify], with 10 (management) – 40 participants across City departments and partner agencies. • Optional priced alternates: (a) Functional Exercise (FE) (EOC activation with simulated operations for 4–6 hours), and/or (b) Full-Scale Exercise (FSE) (field play + EOC; scope to be proposed with staffing plan). Proposers must price each alternate separately.
• For TTX: Situation Manual (SitMan), Facilitator Guide, Participant Agenda/Injects, Sign-in Sheets.
• For FE/FSE (if selected): Exercise Plan (ExPlan), Controller/Evaluator (C/E) Handbook, Master Scenario Events List (MSEL), Communications/SimCell plan, Safety plan.
• Post-exercise (all types): HSEEP-compliant After-Action Report/Improvement Plan (AAR/IP) (draft in 15 business days, final in 30), Hotwash facilitation, and Corrective Action/Tracking Matrix mapped to EOP/COOP updates with responsible parties and timelines.
• Administrative Expectations
• Coordinate with SB County Fire, Sheriff (contract), and allied agencies for participation.
• Provide a staffing plan (facilitators, controllers, evaluators, sim cell) and resource list (rooms, AV, badges).
• Provide all source files to the City.

17.Public & Interagency Engagement: Are there existing community groups, advisory boards, or interagency coalitions the city would like us to engage? 17A: Firewise Communities (in progress and existing), Alisal Ranch, Senior Population. 87 18.What level of public outreach is expected in our halls, surveys, and focus groups? Should engagement materials be bilingual or tailored for specific populations?
18A: Baseline (included):
• Town halls: Two (early “listening” + draft findings). Target 30–50 attendees each; hybrid option preferred. The City provides a venue and amplification through its channels.
• Focus groups: 1 -3 small groups (8–12 participants) representing key segments (e.g., property owners, business tenants, residents/HOAs, public safety/partner agencies). Contractor to recruit and facilitate; City helps with invites. • Survey: One mixed-mode survey (online + printable/mail-back). Target ≥150 unique responses or ≥25% of the known stakeholder list if the universe is <500. Contractor provides instrument design, hosting, response monitoring, and summary.

Equity & accessibility expectations (apply to all):
• Materials and meetings in English and Spanish; ADA-accessible venues; plainlanguage summaries. • Multi-channel outreach (email list, website, social media, business walks, flyers) with a simple QR code/short link to the survey.

Deliverables:
• Outreach Plan & calendar, invite lists, and recruitment scripts. • Town hall decks and handouts; focus-group guides; survey instrument. • Engagement Log (who/when/how), raw survey data (CSV), and a Public Engagement Summary with themes, counts, and how input informed recommendations. • Optional, priced alternates (proposers to price separately):
• Additional town halls or pop-ups/“business walks.”
• A statistically valid survey (e.g., n≈300, margin ±6–7%) with phone/text/mail support.
• Translation into additional languages, intercept surveys at events, or mailed postcard invitations.
• We’re aiming for meaningful but efficient engagement. Proposers may recommend adjustments based on budget and local context; please identify trade-offs and price alternates separately.
88 19.Design Consultation for New City Hall EOC: What stage is the City Hall EOC project currently in: conceptual, design, or construction? Is FPEM expected to provide input on layout, technology, staffing, or operational flow? Will we be collaborating with architects, engineers, or other consultants already contracted?
19A: Stage: Conceptual; Council direction expected September 2025. • Current status: The New City Hall—including the EOC—is in the conceptual stage; no design or construction is underway.
• Role for FPEM: Provide programming and schematic input on the EOC’s layout, technology, staffing/ICS roles, and operational/information flow. Deliverables would include conceptual floor plans/schematics and equipment recommendations. • Collaboration: If Council authorizes a new City Hall, FPEM will coordinate with the City’s selected architect, engineers, and any related consultants (or help develop owner’s technical requirements if A/E teams are not yet on board). If Council does not proceed, FPEM will still produce layout, technology, staffing, and operationalflow recommendations to optimize the City’s existing EOC configuration.

20.General Contracting & Deliverables: Will FPEM be responsible for submitting progress reports or presenting findings to the City Council or other governing bodies?
20A: The consultant will not be required to submit regular progress reports to the City Council. However, they must attend the City Council meeting on the date of the contract award (at least virtually) to present their proposed approach. At the conclusion of the project, the consultant will also present a final project summary to the City Council.

21.Is there a preferred format or branding for final deliverables? 21A: File formats: Editable .docx/.pptx/.xlsx + final tagged PDFs; images SVG/PNG; data tables CSV. Provide native/source files at closeout.

Accessibility: PDFs and documents must be WCAG 2.1 AA/Section 508 compliant (including styles, tags, alt text, headings, and contrast).

Branding: Use the City logo, approved color palette, and header/footer as per the City style guide (or the Contractor proposes a simple template for City approval before use).

AAR/IP & plans: HSEEP-compliant structure for AAR/IP; plan deliverables in Word + PDF, with an executive summary (2–3 pages).
89 Presentations & Outreach: Slide decks in PPTX format; handouts and web PDFs tagged and branded; bilingual assets where required.

Delivery & retention: Share via City’s SharePoint/OneDrive; maintain a deliverables index; provide up to 3 hard copies on request.

Rights & credits: All work is City-owned; use royalty-free/licensed images with attribution as needed; include funding acknowledgments (if applicable) Received from Focus Point Emergency Management Consulting Services on 8/25/2025

22. In the RFP, it states: Proposals shall be labeled” Solvang Comprehensive Emergency Planning Services.” If your firm is interested and qualified, please submit four (4) hard copies and one (1) electronic copy of your Proposal on or before September 22, 2025, by 5:00 pm to: “ It was also noted that documents should be uploaded to Planet Bids. Could you kindly confirm whether you are requesting both forms of submission?
22A: Please submit to:

City of Solvang
Attn: Olivia Uribe Mutal
1644 Oak Street
Solvang, CA 93463
[email protected]

23.Is there a page limit for the Response?
23A: No limit. Proposals that are clear, concise, and directly address the scope and criteria are easiest to evaluate

24.Insurance Endorsement Requirements: Are you requesting that we add the City of Solvang to our policy before the award of the contract? 24A: Insurance Endorsement Requirements must be added after you are notified that the agreement will be awarded to you, but before the City Council approves it at a Council Meeting.
90 Solvang Comprehensive Emergency Planning Services – Addendum 2 – Q&A Questions received from Constant Associates, on 8/28/25 Q: Does the City have any binding requirements (i.e., binders, binder clips, staples, etc.) for the hard copy proposals?
A: No. Proposers may use professional binding of their choice (e.g., stapled, binder, coil).

The City does not prescribe a specific method as long as the copies are complete and legible.

Q: What is the City’s expectations for project meetings – would the City prefer that meetings are held in-person, virtually, or a mix?
A: A mix of in-person and virtual. The City anticipates one in-person kickoff and other key milestones in-person, with most status updates and coordination meetings held virtually.

Q: Please confirm what hazard-specific and functional annexes that the City currently has and which are intended to be updated as part of this project. Does the City anticipate the development of new hazard-specific or functional annexes? A: The existing 2008 EOP does not include functional annexes. The City anticipates adding new hazard-specific annexes (e.g., wildfire, PSPS, flooding, mass care, evacuation, and public information) based on stakeholder input.

Q: For the EOP, does the City envision engaging the community to inform plan contents? Should the contractor budget for translated materials, live interpretation, and 508 compliance?
A: Yes. Community engagement is expected and should include surveys, as well as at least two town halls. Proposers should include Spanish translation, live interpretation as appropriate, and ensure final deliverables are WCAG 2.1 AA/Section 508 compliant.

Q: Are the City’s EOC Job Action Sheets up-to-date?
A: No. Job Action Sheets will need review and revision as part of the EOP update and EOC inventory process.

Q: Does the City have an existing COOP plan, or will this be the development of a wholly new plan?
A: This will be a new plan; the City has no existing COOP.

Q: Does the City envision development of a City-wide COOP with department-level annexes/appendices for the eight (8) departments?
A: A City-wide COOP with department-level annexes/appendices for five departments, including Planning, Parks & Recreation, Utilities, Public Works, and Administration, is envisioned.

Q: Which training courses have been identified for potential staff completion? How many participants are envisioned for each training?
A: The City staff takes the self-study online ICS 100 and 700 from FEMA, and introductory EOC/section courses from the County Office of Emergency Management. Approximately 41 91 staff require additional training and participation in exercises including tabletop exercises and functional exercises.

Q: Does the TTX development process need to be consistent with HSEEP? How many participants are envisioned for the TTX? Should the contractor budget for venue rental, printed materials, and refreshments?
A: Yes, the TTX must be HSEEP-compliant. Expected participants: 10–40 (City staff and partner agencies). The City will provide venue; proposers should budget for printed materials but not refreshments. We expect at least one small exercise, including decision makers (admin and department heads as well as contract sheriff and fire), then a wider allhands-on-deck exercise.

Q: Is the contractor anticipated to develop message templates for alerts or to support messaging needs in real-time throughout the period of performance? A: Contractor should develop templates and protocols for use by City staff. Real-time messaging support is not required under this contract.

Q: Please confirm that the City envisions that the selected contractor will support development of materials for community engagement, with the City responsible for facilitation/conduct of presentations and meetings.

A: The contractor will develop content and materials and facilitate and conduct presentations and meetings. The City will help to with marketing and local outreach of community members and stakeholders.

Q: Is the proposer required to bid on the optional add-on task (Phase 5: EOC design consultation)?
A: No. This task is optional and should be priced separately as an additional optional item.

Q: If oral presentations are undertaken, will they be performed virtually or in person? When does the City estimate these presentations could occur? A: Presentations to the City Council are preferred in person, with virtual participation if needed. One presentation will occur at the contract award meeting and another at project closeout. Stakeholder meetings and trainings are expected to be conducted in person whenever possible.

Q: Would the City consider a Firm Fixed Price contract structure as opposed to Time and Materials?
A: Yes. Proposers may propose either a Firm-Fixed-Price or Time-and-Materials contract with not-to-exceed caps.

Q: Does the City have an estimated budget for this effort? A: The City has allocated sufficient funds to complete the scope of work. Proposers should submit a detailed cost proposal based on their proposed approach. The City may request justification of hours and costs prior to final selection.

Questions received from Aanko Technologies, Inc , on 8/28/25 92 Q: Is this project locally funded or grant-funded?
A: This project is locally funded. No federal or state grant is tied to this procurement.

Q: Can you provide the budget for this project?
A: The City has allocated sufficient funds to complete the scope of work. Proposers should submit a detailed cost proposal based on their proposed approach. The City may request justification of hours and costs prior to final selection.

Q: Are the training and exercise components to be built separately (EOP; COOP), or will training and exercise occur concurrently within the same workshop/tabletop? A: As the final phase, training and exercises will be delivered to support both the EOP and the COOP. While content should be coordinated, the expectation is that a single exercise (with injects that touch both plans) will meet the requirement, rather than two entirely separate exercises. But there is flexibility in how these are developed.

Q: Will the City provide the training/exercise venues and refreshments (water/coffee) or should we build this into the cost structure?
A: The City will provide training and exercise venues. Proposers should budget for printed materials. Refreshments will be the City’s responsibility and should not be included in the cost proposal.

Q: Will the consultant team be conducting a BIA/Risk Assessment separate from the THIRA for the COOP, or has a BIA/RA already been completed as part of the City IT Department's Disaster Recovery Plan (DRP)?
A: A separate Business Impact Analysis (BIA) and Risk Assessment will need to be conducted as part of the COOP development. The City does not currently have a DRP with a complete BIA/RA.

Q: If a DRP exists, will the consultant be provided access to the DRP and the co-joining BIA/RA?
A: Not applicable. The City does not have a DRP with a BIA/RA.

Q: If a DRP does not exist, will the consultant be expected to complete this as part of the COOP? Government and Industry Best Practice is that these two plans (COOP/DRP) must be in alignment.

A: Yes. The consultant will complete a BIA/RA within the COOP and include recommendations to align continuity functions with IT best practices, providing the City with clear parameters to guide its contracted IT support.

Q: Are all meetings, training, and exercises to be virtual, in-person, or a mix? A: A mix. The presentations to Council, training, and tabletop exercise will be held in person. Kickoff and interim coordination meetings may be virtual.

Q: Is the expectation that the consultant will assist in full EOC Technology Design (i.e., providing an engineering or low-voltage design team), or just provide input to the architect in terms of EOC layout and technology features to be integrated into the planning elements of construction?
A: The City expects conceptual programming input—layout, technology features, staffing, 93 and operational flow. The consultant will not serve as an engineering or low-voltage design team. If the City proceeds with new construction, the consultant will coordinate with the architect/engineer of record.

Questions received from Hagerty Consulting, on 8/29/25
Q: The RFP requests information in three separate sections (Personnel and Qualifications, Team Qualifications, Client References). Could the City clarify the intended distinction among these sections?
A: Yes. Personnel and Qualifications should be a summary table of proposed staff experience. Team Qualifications should include résumés and narrative detail on roles/credentials. Client References should be limited to comparable projects with client contact information.

Q: How many functional annexes are currently part of the EOP, and does the City expect the development of new annexes in addition to the revisions? A: The existing 2008 EOP does not include functional annexes. The City anticipates adding new hazard-specific annexes (e.g., wildfire, PSPS, flooding, mass care, evacuation, and public information) based on stakeholder input.

Q: Does Phase 5 require architectural expertise or expertise of how an Emergency Operations Center (EOC) should be laid out?
A: Expertise in EOC operations, layout, and functionality is required. Proposers are not expected to provide architectural or engineering services but will coordinate with those teams if the City moves forward with new construction.

Q: Is there a not-to-exceed price for this project?
A: The City has allocated sufficient funds to complete the scope of work. Proposers should submit a detailed cost proposal based on their proposed approach. The City may request justification of hours and costs prior to final selection. 94 XYZ Corporation

CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this 13th day of October, 2025 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and Focus Point Emergency Management Consulting Services, a California Limited Liability Corporation, with its principal place of business at 16155 Sierra Lakes Parkway #160-715, Fontana, CA 92336 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the abovereferenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.

However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.

1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $138,000, unless and until this Agreement is amended as provided herein. 95
XYZ Corporation

1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None_____________________

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
96 XYZ Corporation

2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.

2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 97 XYZ Corporation
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.

2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.

2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.

3.0 OBLIGATIONS OF CITY

3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.

4.0 TERMINATION OF AGREEMENT

4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
98 XYZ Corporation
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.

4.04 Termination: This agreement shall terminate on June 30, 2027, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.

5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5.04 Confidentiality:
(a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or 99 XYZ Corporation
subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.

Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Consultant’s obligations under this paragraph shall survive the termination of this contract.

6.0 MISCELLANEOUS

6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan, City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO: CONSULTANT Focus Point Emergency Management Consulting Services 16155 Sierra Lakes Parkway #160-715, Fontana, CA 92336
Fay A. Glass, CEO/President
[email protected]

6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.

6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.

6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations 100 XYZ Corporation
developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
(b) In the event of any conflict between the terms of this agreement and the terms of an exhibit, the terms of this agreement shall control, even if the exhibit purports to modify this agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this agreement, even if such exhibit purports to affect the provisions of Section 2.05.

Furthermore, any attempt to limit liability to the City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: ___________.

6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.

6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 101
XYZ Corporation

6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.

6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

CITY OF SOLVANG Focus Point Emergency Management
Consulting Services, LLC

Randy Murphy, City Manager Fay A. Glass, CEO/President
ATTEST: APPROVED AS TO FORM
Richards, Watson & Gershon

Annamarie Porter, City Clerk Chelsea O’Sullivan, City Attorney 102
XYZ Corporation

EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
103
XYZ Corporation

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement 104 XYZ Corporation
or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 105
XYZ Corporation

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. 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.
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CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.b
MEETING DATE: October 13, 2025
SUBJECT: Agreement with NBS Government Finance Group DBA NBS for Downtown Solvang Business Improvement District (BID) Formation and Implementation Services
PREPARED BY: Olivia Uribe-Mutal, Assistant to the City Manager DISCUSSION:

ALTERNATIVES:

FISCAL IMPACT:

ATTACHMENTS:
1 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.e
MEETING DATE: October 13, 2025
SUBJECT: New City Hall Feasibility Discussion
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

According to the plaque on the front of the building, the current Solvang Municipal Center (aka City Hall) was completed in 1969. As is often the case with public buildings, City staff outgrew the available space, and the nearby Masonic Lodge (constructed in 1957) was acquired.Only minimal modifications were made to the building prior to commencement of City operations in 2001/02 when Parks & Recreation, Community Development (Planning/Building), and Public Works were moved across the street into “The Annex”. This arrangement continues to this day, which, unfortunately, contribute to multiple inefficiencies between/among staff and the public.

The City has again outgrown its available space. A recent evaluation of current and near-term future (five to ten years) space needs shows we require over 20,000 square feet, more than twice what we currently have available.

Additionally, the older buildings are not energy efficient and lack the appropriate power and other infrastructure for us to utilize the latest technologies in our offices and Council Chamber. Thus, given design and construction timelines, a new City Hall is necessary sooner rather than later.

Staff has evaluated options for relocation into existing buildings within the City limits, with nothing feasible at this time. The attached drawing shows what could be built in the vacant lot across the street from City Hall (Lot #5).

Please note that this is a Rough Order of Magnitude (ROM) depiction of what the space might look like. Although some areas are called out as gym or office spaces, this is NOT the final design and are simply shown to designate areas available for future growth. One estimate to construct a building based on this ROM suggests a construction price tag today of $8.7 to $10.3 million. Given the continual escalation of construction costs, it will likely increase 5% or more each year for the foreseeable future.

In addition to numerous improved staff efficiency improvements should this project move forward, there would be a variety of other community benefits. The Fire Department has expressed a need to expand their operation and, based on negotiations yet to be had, would take over and remodel our current space for their use. Additionally, once the Annex is vacated, it could be remodeled so that the Library could be relocated into the City Center.

Another benefit is that, once the Library is relocated, their current space would be available for the Sheriff Office to add some much-needed square footage to their operation. Lastly, the building currently occupied by the Water Department behind City Hall could be razed to provide several more parking places in that lot.

ALTERNATIVES:

1. Continue to investigate options and return with a more defined path forward

2. Abandon the concept
FISCAL IMPACT:

Since the City’s reserves are inadequate to outright pay for construction, Attachment B shows what annual debt service might be for a few available funding options.

ATTACHMENTS:

A. Preliminary draft of new City Hall building
B. Funding Options
1 2
3