SR 07-18-2023 5B
City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 5.B
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Approval of 2022 Grant Acceptance for State Homeland Security Program
(SHSP)
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $185,000
from the Federal Emergency Management Agency for the 2022 State Homeland
Security Grant Program to the Fire Department, and to accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the
grant, all grant renewals, and modifications.
3. Authorize the City Manager to negotiate and execute a first modification to
Contractual Services Agreement #11339 in the amount of $185,000 with Fire
Resources LLC, a California-based company, for Regional Training Officer
services on behalf of the Los Angeles Area Fire Chiefs’ Association. This will
result in a three-year amended agreement with a new total amount not to exceed
$555,000.
4. Adopt a finding of categorical exemption pursuant to Section 15322 of the
California Environmental Quality Act (CEQA) Guidelines.
5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions
section of this report.
Summary
The Federal government annually allocates grant funding to enhance regional
preparedness for disasters, emergencies, and other threats to homeland security. In
grant year 2022, $185,000 was awarded to the Santa Monica Fire Department as a part
of the U.S. Department of Homeland Security, Federal Emergency Management
Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant to fund a
contractor to serve as the Los Angeles Fire Chiefs’ Association Regional Training
Group’s Training Officer. Staff recommends that Council authorize acceptance of the
5.B
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2022 SHSP grant funds and execution of a subrecipient agreement with the County of
Los Angeles for a performance period of September 1, 2022, to May 31, 2025. The
2022 SHSP grant funds are administered by the County of Los Angeles on behalf of the
Los Angeles-Long Beach Urban Area, which includes Santa Monica.
Discussion
The SHSP program focus is on enhancing regional preparedness and capabilities in
major metropolitan areas. The Santa Monica Fire Department received funds to support
the Fire Department’s core public safety mission as well as regional homeland security
goals. The following are the ten major regional homeland security focus areas of the
SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System;
IJ # 2: Protect Critical Infrastructure and Key Resources;
IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning,
Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities;
IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter-
Jurisdictional Collaboration and Coordination;
IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers
and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration;
IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident
Planning, Response & Recovery Capabilities; and
IJ #10: Homeland Security Exercise, Evaluation and Training Programs
The SHSP program directly supports the national priority of expanding regional
collaboration within the National Preparedness Goal, which defines what it means for
the whole community to be prepared for all types of disasters and emergencies. The
SHSP grant is intended to assist participating jurisdictions in developing integrated
regional systems for prevention, protection, response, and recovery from natural or
man-made disasters.
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The 2022 SHSP program’s agreement was recently received by the City since it takes
the County of Los Angeles and the State the first year of the performance period to
determine the numerous regional projects before subrecipient agreements can be
processed. The program will fund projects in 29 high-threat, high density areas selected
by DHS. The County of Los Angeles is the region's grantor for the SHSP grant and
allocates funds to the City of Santa Monica. A regional working group and approval
authority, made up of SHSP stakeholders from throughout the Los Angeles-Long Beach
Urban Area, are the governing bodies that determine which regional projects to submit
to DHS for grant funding.
The SHSP grant program is 100% federally funded by DHS and managed through the
State of California's Office of Emergency Services. There is no requirement of a local
match. The City of Santa Monica has received over $20 million in federal homeland
security grant funding since 2003. These funds have been used to purchase necessary
interoperable communication and infrastructure equipment, supplies, and training in
direct support of overall regional goals to promote effective information gathering,
sharing, and response to threats and/or acts of terrorism. These funds cannot be used
for general purposes and must be specified at the time of application. Homeland
security purchases must be pre-approved by the state and align with grant guidelines.
The Fire Department will use the 2022 SHSP grant funds to host the Los Angeles Area
Fire Chief’s Association Training Officer contractor. The Training Officer’s contract with
Fire Resources was awarded on November 15, 2022. On December 13, 2022, Council
accepted the SHSP 2021 grant in the amount of $185,000 to fund the second year of
Contract 11339. Staff is seeking to add an additional $185,000 from SHSP 2022 and
extend the Fire Resources contract for one additional year. The Training Officer will
coordinate the facilitation of regional training opportunities. The Training Officer also
performs regional research, prepares reports, presentations, and briefings for the
regions’ Fire Chiefs, executive and other fire service audiences on relevant fire service
issues. Deploying these funds, as recommended by the Fire Department, helps ensure
response readiness for incidents of national significance including, but not limited to
acts of terrorism, natural disasters, public health threats and other large-scale incidents
that pose a threat to public or first-responder safety.
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Environmental Review
The acceptance and use of grant funds to fund a Training Officer is categorically
exempt from the California Environmental Quality Act (CEQA) under Section 153 22
(Class 22 Educational or Training Programs) of the CEQA Guidelines. Section 15322
exempts projects that consists of the adoption, alteration, or termination of educational
or training programs which involve no physical alteration in the area affected or which
involve physical changes only in the interior of existing school or training structures.
Grant funding will be used to fund a training program, and therefore is exempt pursuant
to Section 15322 of the CEQA guidelines.
Past Council Actions
Meeting Date Description
11/15/2022 Award RFP to provide professional services to assist Los
Angeles Area Fire Chief’s Association Regional Training Group
Fire Service Training Officer hosted by Santa Monica Fire.
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the 2022 State Homeland Security Grant
Program in the amount of $185,000 to fund LAAFCA’s Training Officer contract.
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to
increase the term and amount of Contract #11339 with Fire Resources LLC for LAAFCA
Training Officer. The previous contract amount of $370,000 included funding from
SHSP 2020 and 2021. The current SHSP 2022 grant amount of $185,000 is being
added to the contract for a new grant amount of $555,000 and an extended term to
thirty-six months.
FY 2023-24 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
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Account Number Amount Account Number Amount
20190001.40429C $185,000 20190001.55517C $185,000
Professional Services Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2023-24
Modified Request
Amount
Dept Account #
Total
Revised
Contract
Amount
11339 $370,000 $185,000 20190001.55517C $555,000
Prepared By: Deanna Kendall, Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Printout-5468-1007-M21875 Fire Resources December 2022
B. Printout-5424-1007-M21683 Award Fire Resources 11.15.22
C. 04 Fire Resources Oaks exp 9.27.23
D. Complete_with_DocuSign_02_PSA_Fire_Resources
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City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.N
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Authorization to Accept the 2021 State Homeland Security Grant
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $185,000
from the Federal Emergency Management Agency for the 2021 State Homeland
Security Grant Program in the Fire Department, and to accept all grant renewals;
2. Authorize the City Manager to execute all necessary documents to acce pt the
grant, all grant renewals, and modifications. Authorize budget changes as
outlined in the Financial Impacts & Budget Actions section of this report .
Summary
Each year, the Federal government allocates grant funding to enhance regional
preparedness for disasters, emergencies, and other threats to homeland security. In
grant year 2021, $185,000 was awarded to the Santa Monica Fire Department as a part
of the U.S. Department of Homeland Security, Federal Emergency Management
Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant to fund a
contractor to serve as the Los Angeles Fire Chiefs’ Association Regional Training
Group’s Training Officer. Staff recommends that Council authorize acceptance of the
2021 SHSP grant funds and execution of a subrecipient agreement with the County of
Los Angeles for a performance period of September 1, 2021, to May 31, 2024. The
2021 SHSP grant funds are administered by the County of Los Angeles on behalf of the
Los Angeles-Long Beach Urban Area, which includes Santa Monica.
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Discussion
The SHSP program focus is on enhancing regional preparedness and capabilities in
major metropolitan areas. The Santa Monica Fire Department received funds to support
the Fire Department’s core public safety mission as well as regional homeland security
goals. The following are the ten major regional homeland security focus areas of the
SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System;
IJ # 2: Protect Critical Infrastructure and Key Resources;
IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning,
Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities;
IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter-
Jurisdictional Collaboration and Coordination;
IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers
and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration;
IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident
Planning, Response & Recovery Capabilities; and
IJ #10: Homeland Security Exercise, Evaluation and Training Programs
The SHSP program directly supports the national priority of expanding regional
collaboration within the National Preparedness Goal, which defines what it means for
the whole community to be prepared for all types of disasters and emergencies. Th e
SHSP grant is intended to assist participating jurisdictions in developing integrated
regional systems for prevention, protection, response, and recovery from natural or
man-made disasters.
The 2021 SHSP program’s agreement was recently received by the City since it takes
the County of Los Angeles and the State the first year of the performance period to
negotiate the workbook and approve the numerous regional projects before subrecipient
agreements can be processed. The program will fund projects in 29 high-threat, high
5.B.a
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density areas selected by DHS. The County of Los Angeles is the region's grantor for
the SHSP grant and allocates funds to the City of Santa Monica. A regional working
group and approval authority, made up of SHSP stakeholders from throug hout the Los
Angeles-Long Beach Urban Area, are the governing bodies that determine which
regional projects to submit to DHS for grant funding.
The SHSP grant program is 100% federally funded by DHS and managed through the
State of California's Office of Emergency Services. There is no requirement of a local
match. The City of Santa Monica has received over $20 million in federal homeland
security grant funding since 2003. These funds have been used to purchase necessary
interoperable communication and infrastructure equipment, supplies, and training in
direct support of overall regional goals to promote effective information gathering,
sharing, and response to threats and/or acts of terrorism. These funds can not be used
for general purposes and must be specified at the time of application. Homeland
security purchases must be pre-approved by the state and align with grant guidelines.
The Fire Department will use the 2021 SHSP grant funds to host the Los Angeles Area
Fire Chief’s Association Training Officer contractor. The Training Officer’s contract with
Fire Resources was awarded on November 15, 2022, but only the first year’s funds
were appropriated to Contract 11339 from SHSP 2020 grant funds. The Training
Officer will coordinate the facilitation of regional training opportunities. The Training
Officer also performs regional research, prepares reports, presentations, and briefings
for the regions’ Fire Chiefs, executive and other fire service audiences on relevant fire
service issues. Deploying these funds, as recommended by the Fire Department, helps
ensure response readiness for incidents of national significance including, but not
limited to acts of terrorism, natural disasters, public health threats and other large -scale
incidents that pose a threat to public or first-responder safety.
Past Council Action
Meeting Date Description
11/15/2022 Original Request for Proposal and award of professional services
agreement with Fire Resources to assist Los Angeles Area Fire
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Chief’s Association Regional Training Group hosted by Santa
Monica Fire Department using FEMA SHSP grant funds.
Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the 2021 State Homeland Security Grant
Program in the amount of $185,000 to fund LAAFCA’s Training Officer contract.
FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40429A $185,000 20190001.55517A $185,000
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to
increase the professional services agreement with Fire Resources LLC to provide
professional services to assist the LAAFCA Regional Training Group.
Professional Services Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23 Budget
Modified Request
Amount
Dept Account #
Total Revised
Contract
Amount
11339 $185,000 $185,000 20190001.55517A $370,000
Prepared By: Terese Toomey, Principal Administrative Analyst
Approved
Forwarded to Council
5.B.a
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Attachments:
A. Staff Report 5424 - Award RFP Training Professional Services on behalf
LAAFCA
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City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.J
1 of 6
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award RFP to provide professional services to assist Los Angeles Area Fire
Chief’s Association Regional Training Group Fire Service Training Officer
hosted by Santa Monica Fire
Recommended Action
Staff recommends that the City Council:
1. Award RFP #325 for professional services to Fire Resources LLC, to assist Los
Angeles Area Fire Chief’s Association Regional Training Group hosted by Santa
Monica Fire Department; and
2. Authorize the City Manager to negotiate and execute a professional service
agreement with Fire Resources LLC, in an amount not to exceed $370,000 for a
twenty-four month period, with future year funding contingent on Council budget
approval and state homeland security grant funding.
Summary
Each year, the Federal government allocates grant funding to enhance regional
preparedness for disasters, emergencies and other threats to homeland security. In
grant years 2020-2022, $370,000 was awarded to the Santa Monica Fire Department as
a part of the U.S. Department of Homeland Security (DHS), Federal Emergency
Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant.
The $370,000 has been awarded to Santa Monica Fire on behalf of the Los Angeles
Area Fire Chief’s Association (LAAFCA) to enter into an agreement with the training
officer consultant group Fire Resources to assist the Regional Training Group fulfill
LAAFCA’s regional training mission.
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The SHSP grant funds are administered by the County of Los Angeles on behalf of the
Los Angeles-Long Beach Urban Area, which includes Santa Monica. City Council has
already accepted the 2020 SHSP funds totaling $185,000, and the Fire Department has
a pending agreement to award the remaining funds from the 2021 SHSP grant in the
amount of $185,000. These funds have been granted to Santa Monica for the
engagement of professional services to assist the Los Angeles Area Fire Chief’s
Association Regional Training Group achieve its mission of fulfilling its homeland
security goals. The agreement with the selected consultant, Fire Resources, would be
for a term of two years.
Discussion
About the SHSP Grant Program
The focus of the SHSP program is to enhance regional preparedness and capabilities in
major metropolitan areas. The Santa Monica Fire Department was asked to host funds
to assist the RTG with facilitating county-wide trainings that support Fire’s core public
safety missions as well as regional homeland security goals. The following are the ten
major regional homeland security focus areas of the SHSP grant program, known as
Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System;
IJ # 2: Protect Critical Infrastructure and Key Resources;
IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning,
Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities;
IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/Inter-
Jurisdictional Collaboration and Coordination;
IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers
and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration ;
IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident
Planning, Response & Recovery Capabilities; and
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IJ #10: Homeland Security Exercise, Evaluation and Training Programs
The SHSP program directly supports the national priority of expanding regional
collaboration within the National Preparedness Goal, which defines what it means for
the whole community to be prepared for all types of disasters and emergencies. The
SHSP grant is intended to assist participating jurisdictions in developing integrated
regional systems for prevention, protection, response, and recovery from natural or
man-made disasters.
The County of Los Angeles is the region's grant administrator for the SHSP grant and
allocates funds to the City of Santa Monica. A regional working group and approval
authority, made up of SHSP stakeholders from throughout the Los Angeles -Long Beach
Urban Area, are the governance bodies that determine which regional projects to submit
to DHS for grant funding.
The SHSP grant program is 100% federally funded by DHS and managed through the
State of California's Office of Emergency Services. There is no requirement of a local
match. The City of Santa Monica has received close to $20 million in federal security
grant funding since 2003. These funds have been used to purchase necessary
interoperable communication and infrastructure equipment, supplies, and training in
direct support of overall regional goals to promote effective information gathering,
sharing, and response to threats and/or acts of terrorism.
Agreement with Fire Resources, LLC
The City of Santa Monica Fire Department has been awarded funding to host a
professional services contract with a subject matter expert to assist in fulfilling the Los
Angeles Fire Chiefs’ Association Regional Training Group’s mission to provide unified,
innovative, quality training to enhance firefighter safety and responder effectiveness.
The contractor will develop, direct, and execute strategies to ensure effective delivery of
training to and for Los Angeles area fire service agencies and stakeholders. The
contractor will assist with, support, and further develop the training and response
readiness of Los Angeles area fire agencies for incidents of national significance
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including, but not limited to: acts of terrorism, natural disasters, public health threats and
other large-scale incidents that pose a threat to public or first-responder safety. The
contractor will perform detailed and comprehensive research, collaborate on, develop,
and disseminate periodic and regular finished reports, advisories, bulletins,
presentations, and briefings for executive and other fire service audiences on relevant
fire service issues.
Consultant Selection
Bidder Recommendation
Best Qualified Person or
Firm and Only Bidder
Fire Resources, LLC
Evaluation Criteria The proposal, Fire Resources LLC, was evaluated based on the
criteria in SMMC 2.24.190, including experience, understanding of
scope of services to be provided, quality control, training,
references, and compliance with City specifications.
Municipal Code SMMC 2.24.190
RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
8/19/2022 City's Online Bidding Site Santa Monica
Daily Press
4 09/07/2022
Justification to Award
An interview panel consisting of one SMFD Deputy Chief and two Chiefs from other
local Fire agencies interviewed the three parties who submitted proposals. Based on
this criteria and criteria in SMMC 2.24.190, staff recommends Fire Resources LLC as
the best qualified vendor to provide professional services to assist the Los Angeles
Area Fire Chief’s Association Regional Training Group based on their extensive
RFPs Received
Fire Resources, LLC Cisneros Business Services, LLC The Safe Community Project
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subject matter expertise in the Fire service, experience with similar projects, the
results of their reference checks, and their ability to provide the services within the
project budget.
Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to award a
professional services agreement with Fire Resources LLC to provide professional
services to assist the LAAFCA Regional Training Group.
Professional Service Agreement
FY 2022-23 Budget
Request Amount Department Account # Total Contract Amount
$185,000 20190001.555179 $370,000
Future funding in the amount of $185,000 will be appropriated to the 2021 State
Homeland Security Grant Fund account 20190001.55517A when the 2021 Grant
Agreement is accepted by City Council at a date in the near future. These funds have
been allocated by the State; the City is waiting for the formal contract agreement from
Los Angeles County. Future contract funding is contingent on Council budget approval
and future homeland security grant funds.
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Prepared By: Terese Toomey, Principal Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Fire Resources Oaks exp 9.27.23
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks
Initiative. The Oaks Initiative requires the City to provide this notice and information about the
Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a
public official from receiving, and a person or entity from conferring, specified personal benefits or
campaign advantages from a person or entity after the official votes, or otherwise takes official
action, to award a “public benefit” to that person or entity. The prohibition applies within and
outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica
shall provide the names of trustees, directors, partners, and officers, and names of persons with
more than a 10% equity, participation or revenue interest. An exception exists for persons serving
in those capacities as volunteers, without compensation, for organizations exempt from income
taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception
does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more
than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City
compiles and maintains certain information. That information includes the name of any person or
persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than
an individual person, the information includes the name of every person who is: (a) trustee, (b)
director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore,
if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that
information on the Oaks Initiative Disclosure Form. This information must be updated and supplied
every 12 months.
5.B.c
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FOR CITY USE ONLY:
Bid/PO/Contract # Permit #
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles
and maintains certain information. That information includes the name of any person or
persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather
than an individual person, the information includes the name of every person who is: (a) trustee,
(b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a12- month
period;
3. Purchase, sale or lease of real property to or from the City in excess of$25,000 over a
12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any
12- month period;
5. Land use variance, special use permit, or other exception to an established land
use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any12- month
period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any12-
month period.
Name(s) of persons or entities receiving public benefit:
Fire Resources LLC
Name(s) of trustees, directors, partners, and officers:
Sean A. Escontrias
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Sean A. Escontrias OR Fire Resources LLC
Prepared by: Sean A. Escontrias Title: President
Signature: Date:
Email: sean@fireresourcesLLC.com Phone:
9-27-2022
(310) 500-5530
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Contract No. 11122 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of
_________________(“Execution Date”), by and between the City of Santa Monica
(“City”), a California municipal corporation, and FIRE RESOURCES LLC (“Fire
Resources”), a limited liability corporation, is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the Constitution of the State of California and the Charter of the
City.
B. Fire Resources is qualified to do business, and is doing business, in the State of
California. Fire Resources represents it has the background, knowledge, experience,
and expertise necessary to provide the services set forth in this Agreement.
C. The City and Fire Resources now desire to enter into an agreement for Fire Resources
to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERMS AND CONDITIONS
1. Term. This Agreement shall commence on the Execution Date stated above and will
expire in two (2) years, unless sooner terminated in accordance with Section 14.
2. Fire Resources Services. Fire Resources shall perform and provide to City all of the
services (“Services”) described in Exhibit A, Scope of Services. Fire Resources shall
also perform the Services in accordance with Exhibit B, Budget.
3. City Responsibilities. The City agrees to:
3.1 Make available to Fire Resources the documents, data, or information that the
City believes are required for Fire Resources to perform and provide the Services
to the City.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly review all documents submitted to it by Fire Resources and to respond
within a reasonable period of time.
DocuSign Envelope ID: 7EB53721-5048-4835-BED2-FD32B55D8745
12/5/2022
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4. Compensation. The City shall compensate Fire Resources for the Services performed
by it and provided to City in an amount not to exceed $370,000, as set forth in
Exhibit B.
5. Invoices. Fire Resources shall invoice the City for the Services in accordance with
Exhibit B and the City shall pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this
Agreement, must be in writing and will be deemed served when delivered personally,
by email, or on the third business day after deposit in the United States mail, postage
prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Fire Department
City of Santa Monica
333 Olympic Dr. 2nd FL
Santa Monica, California 90401
Attention: Deputy Chief Tom Clemo
Re: Contract No. 11122
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11122
6.2 All notices, demands, requests or approvals to Fire Resources:
Fire Resources
13129 Sherry Lane
Los Angeles, CA 90049
Attention: Sean Escontrias
sean@fireresourcesllc.com
Re: Contract No. 11122
7. Independent Parties. Both parties to this Agreement will be acting in an independent
capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct
of Fire Resources or any of Fire Resources’ agents, employees, or subconsultants,
except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties. Any preliminary negotiations
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and agreements of any kind or nature are merged into this Agreement. No oral
agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Fire
Resources, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, Fire Resources must procure, maintain and
pay for insurance against claims for injuries to persons or damage to property that may
arise from or in connection with the performance of the Services by Fire Resources or
Fire Resources’ agents, representatives, employees or subconsultants for the duration
of this Agreement. Fire Resources must obtain insurance that, at a minimum, meets
the requirements for insurance set forth in Exhibit C, Insurance Requirements and
Verifications.
10. Defense and Indemnification.
10.1 Indemnification. Fire Resources agrees to defend, indemnify, protect, and
hold harmless the City, its agents, officers, boards and commissions, and
employees (collectively, “City”) from and against any and all liability, claims,
demands, damages, or costs, including but not limited to attorney’s fees, or
payments for injury to any person or property (collectively, “Losses”) caused or
claimed to be caused by the acts, errors and/or omissions of Fire Resources, or
its employees, agents, officers, and subconsultants. Fire Resources’
responsibilities under this Section 10.1 include liability arising from, connected
with, caused by, or claimed to be caused by the active or passive negligent acts
or omissions of the City, which may be in combination with the acts or
omissions of Fire Resources, its employees, agents or officers, or
subconsultants; provided, however, that Fire Resources’ duty to defend,
indemnify, protect and hold harmless shall not include any Losses arising from
the sole negligence or willful misconduct of the City. Notwithstanding Fire
Resources’ obligation to defend City hereunder, City has the right to conduct
its own defense and seek reimbursement for reasonable costs of defense from
Fire Resources, if City chooses to do so.
10.2 Enforcement Costs. Fire Resources agrees to pay any and all costs the City
incurs enforcing the indemnity, defense and hold harmless provisions set forth
in Section 10.1.
11. Prohibition Against Transfers.
11.1 Fire Resources may not assign, hypothecate, or transfer this Agreement or any
interest therein directly or indirectly, by operation of law or otherwise without
the prior written consent of City. Any attempt to do so without the City’s
consent will be null and void, and any assignee, hypothecatee or transferee
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acquires no right or interest by reason of such attempted assignment,
hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Fire Resources or of any general partner or joint
venturer or syndicate member of Fire Resources, if a partnership or joint
venture or syndicate exists, which results in changing the control of Fire
Resources, will be construed as an assignment of this Agreement. Control
means 50% or more of the voting power of the corporation.
12. Permits and Licenses. Fire Resources, at its sole expense, must obtain and maintain
during the term of this Agreement all required business and professional permits,
licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this
Agreement.
14. Default and Termination.
14.1 If Fire Resources fails or refuses to perform any of the provisions of this
Agreement, and if the default is not cured within a period of five days after the
City’s written notice of default specifying the nature of the default, City may
immediately terminate this Agreement by written notice to Fire Resources.
14.2 The City has the option, at its sole discretion and without cause, of terminating
this Agreement by giving ten days’ written notice to Fire Resources. Upon
termination of this Agreement, City will pay Fire Resources any compensation
earned and unpaid up to the effective date of termination.
15. Compliance with Law. Fire Resources must comply with all laws of the State of
California and the United States, and all ordinances, rules, and regulations enacted or
issued by City.
16. Discrimination. Fire Resources may not discriminate in the provision of services
hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation, marital status, AIDS or disability.
17. Nuisance. Fire Resources may not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
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18. Records.
18.1 Fire Resources must maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by the City for
any services provided where compensation is on the basis of hourly rates,
subconsultant costs, or other direct costs. Fire Resources must keep the
records, together with supporting documents, separate from other documents
and records and maintain them for a period of three years after receipt of final
payment.
18.2 Fire Resources must maintain records in sufficient detail to permit an
evaluation of the Services and in accordance with generally accepted
accounting principles. Fire Resources must clearly identify all records and make
them readily accessible to the City. At the City’s request, Fire Resources must
provide records in an electronic format and, if necessary, access to any
proprietary software to view such electronic records.
18.3 Fire Resources must allow the City to have free access to its books and records
and to inspect all work, data, documents, proceedings and activities related to
this Agreement. The City has the right to examine or audit Fire Resources’s
records, and Fire Resources agrees to cooperate with any examination or audit
of its records. If a City audit discloses an error of 5% or more in information
reported by Fire Resources, Fire Resources agrees to pay the cost of the City’s
audit computed on the basis of four times the direct payroll of the audit staff
completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by Fire Resources or any
subconsultant for this Agreement will be the exclusive property of City. No
work product given to or prepared by Fire Resources or any subconsultant
pursuant to this Agreement may be made available to any individual or
organization by Fire Resources without prior written approval by City.
19.2 At the City’s request, Fire Resources must furnish reports concerning the status
of the Services.
20. Standard of Care. Fire Resources agrees to provide all Services, including services
performed by any subconsultant, in a manner consistent with the level of care and
skill ordinarily exercised by members of Fire Resources’ profession currently practicing
in the same locality under similar conditions.
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21. Subconsultants.
21.1 If Fire Resources proposes to have any subconsultant perform any part of the
Services, Fire Resources must submit a request for approval in writing,
describing the scope of work to be subcontracted, the name of the proposed
subconsultant, and the total price or hourly rates used in preparing an
estimated cost for the subconsultant’s services. The City, in its sole discretion,
may grant or deny the request.
21.2 Fire Resources will be responsible for the quality of any subconsultant’s work.
Every subcontract or agreement of any kind entered into between Fire
Resources and any subconsultant (or between any subconsultant and others)
must contain the following provision:
This agreement is consistent with all terms and conditions of
the Agreement No. 11122 (CCS) entered into between the City
of Santa Monica and Fire Resources
on^^____________________.
22. Governing Law. The laws of the State of California, without regard to any choice of
law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and Fire Resources agree that the Services will take
place in Los Angeles County. Any litigation arising out of this Agreement may only be
brought in either the United States District Court, Central District of California, or
the Superior Court of California, County of Los Angeles, West District, as
appropriate. The parties agree that venue exists in either court, and each party
expressly waives any right to transfer to another venue. The parties further agree that
either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination
and remain effective for a reasonable time. Any obligation that accrued prior to
termination of this Agreement will survive termination of this Agreement.
25. Execution in Counterparts. This Agreement may be executed in counterparts with the
same effect as if both parties hereto had executed the same document. All counterparts
shall be construed together and shall constitute a single executed agreement. Any
signature to this Agreement transmitted electronically through DocuSign or PDF shall
be deemed an original signature and be binding upon the parties hereto (it being agreed
that such electronic signature shall have the same force and effect as an original
signature).
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26. Exhibits. The following exhibits are incorporated by reference into this Agreement as
though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and
year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
Fire Resources Corporation
#VENDOR
By: ________________________________
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City Attorney
CEO
Fire Resources LLC
Sean Escontrias
City ManagerCity Clerk
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Exhibit A
Scope of Services
Fire Resources shall perform and provide professional services under this Agreement
as the Fire Services Training Officer (“FSTO”) for the “Los Angeles Area Fire
Chief’s Association” (LAAFCA) Regional Training Group (“RTG”). Fire
Resources, as the FSTO, shall perform and provide the following professional
services:
• Develop, direct, and execute strategies to ensure effective delivery of training
to and for Los Angeles are fire service agencies and stakeholders.
• Assist with, support, and further develop the training and response readiness
of Los Angeles area fire agencies for incidents of national significance
including, but not limited to: acts of terrorism, natural disasters, public health
threats and other large-scale incidents that pose a threat to public or first-
responder safety.
• Perform detailed and comprehensive research, collaborate on, develop, and
disseminate periodic and regular finished reports, advisories, bulletins,
presentations, and briefings for executive and other fire service audiences on
relevant fire service issues.
• Provide any other additional work as directed by LAAFCA or the RTG
Executive Director.
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Exhibit B
Budget
Personnel
Sean A. Escontrias, CEO
Rate
$88.95 per hour for first 40 hours per week; any hours that exceed 40 hours per week
are billed at $133.43 an hour.
Notes:
• Miscellaneous supply costs shall be the responsibility of Fire Resources.
• Mass copying and production of training materials for RTG business will be
paid directly by LAAFCA.
• Fire Resources, LLC will provide copies of reports and other written
documents at its own expense for the LAAFCA Executive Board.
• The amount of compensation for this contract is a total not to exceed amount
of $370,000 for the Term of this agreement.
• If additional services are required, the hourly rate is $133.43 an hour and may
be billed as a deliverable milestone.
• Upon contract execution, a 10% advancement ($37,000) of the contract is
due.
Fire Resources shall agree to submit regular and timely invoices. Invoices shall include
the total daily hours dedicated to each task and a brief description of each task
performed by the Fire Service Regional Training Officer and any administrative
support personnel, as applicable.
All invoices are subject to Net 30 terms upon the receipt of an invoice. If the invoice
is based on an hourly rate as described above, invoices will be paid on a monthly basis.
If invoices are milestone based, invoices will be paid upon milestone approval of the
LAAFCA Executive Director.
All invoices shall be provided electronically to the email account
smfd.invoices@santamonica.gov with a copy email to tom.clemo@santamonica.gov.
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Exhibit C
Professional Services Agreement Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives,
employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal and advertising injury, with limits of no
less than $1,000,000 per occurrence. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this project/location (Insurance Services
Office Form CG 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned),
with limits of no less than $1,000,000 per accident for bodily injury and property
damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State
of California, with Statutory Limits and Employers’ Liability Insurance with limits of
no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits
of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown
above, the City of Santa Monica requires and shall be entitled to any broader coverage and
higher limits maintained by the Contractor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City of
Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following
provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials,
employees and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations performed by or on
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behalf of Consultant including materials, parts, or equipment furnished in
connection with such work or operations. CGL coverage can be provided in the
form of an endorsement to the Consultant’s insurance (at least as broad as
Insurance Services Office Form CG 20 10 11 85, or if not available, through the
addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38
and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s
insurance shall be primary coverage at least as broad as Insurance Services Offices
Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
of Santa Monica, its officers, officials, employees or volunteers shall be in excess of
the Consultant’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that
coverage shall not be cancelled except after notice has been given to the City of
Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a
waiver of any right of subrogation which any insurer of said Consultant may acquire
against the City of Santa Monica by virtue of payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City of Santa
Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the City of Santa Monica for all work performed by the Contractor, its
employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The
City of Santa Monica may require the Consultant to purchase coverage with a lower
retention or provide satisfactory proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either
the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of
Santa Monica.
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Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement
or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided
for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims
made” policy form with a Retroactive Date prior to the effective Agreement date,
the Consultant must purchase “extended reporting” coverage for a minimum of 5
years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory
endorsements (or copies of the applicable policy language effecting coverage provided by
this clause). All certificates and endorsements are to be received and approved by the City
of Santa Monica before work commences. However, failure to obtain required documents
prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all
required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required
pursuant to this Agreement, the same shall be deemed a material breach of contract. The
City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages
from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein. All exceptions must be approved in writing by the Risk
Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have
employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage
Exemption Declaration Form.
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