DATE: November 8, 2016
SUBJECT:
Title
RESOLUTION WAIVING BPC POLICY NO. 110 AND AUTHORIZING AMENDMENT NO. 1 TO AGREEMENT NUMBER 235-2016SN FOR EMERGENCY MANAGEMENT CONSULTING SERVICES BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND MOZAIK SOLUTIONS, TO INCREASE THE MAXIMUM EXPENDITURE OF THE AGREEMENT BY $291,159 FROM A TOTAL OF $17,517.50 TO A NEW NOT-TO-EXCEED MAXIMUM EXPENDITURE OF $308,676.50
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EXECUTIVE SUMMARY:
Justification to continue work with Mozaik Solutions in building out the District’s Emergency Management Program:
Procurement of continued consultant services by a noncompetitive proposal/agreement is herein sought due to these services being available from a single source, i.e., Mozaik Solutions as justified accordingly:
In October of 2015, Mozaik Solutions (hereafter Mozaik), entered into a sole-source agreement with the Port of San Diego (District) through a direct negotiated contract. Mozaik augments the work of the District’s Harbor Police Department by delivering professional emergency management consulting services. Specifically, Mozaik provides support in achieving the District’s goals to have emergency plans, policies and procedures in place to allow the District to respond to disasters of any scale or complexity.
To date, Mozaik in conjunction with the District’s Emergency Manager, has participated in detailed meetings with numerous District external stakeholders (General Managers from the three major hotels, Dole Fresh Fruit, Pasha Automotive Services, Port Tenants Association, San Diego County Regional Airport Authority, U.S. Coast Guard and U.S. Navy) examining stakeholders’ emergency plans and their expectations of the District in emergency situations. Mozaik subsequently joined the District Emergency Manager in several meetings with District internal department heads, followed by two internal emergency operations training sessions guided by Mozaik. Most recently Mozaik and the District participated in meetings with San Diego County Office of Emergency Services and Emergency Managers from each of the District’s five member cities. Discussions with the five member cities covered a number of Emergency scenario topics, to include a survey of terrorism insurance policies and each city’s ability to conduct certified engineering inspections to determine habitability of facilities following major incidents.
Mozaik’s work to date on the District’s Emergency Management Program is critical in that it is geared towards building the District’s resiliency at a time of increasing threats to soft targets and industry. Work slated to continue under Mozaik’s guidance includes solidifying a District BPC Emergency Operations Policy with CEO succession planning, reworking and inclusion of the District’s Emergency Operations Resolution (2000-03) into said policy and work with the five member cities in coordinating emergency alerts/notifications, initial damage assessments and subsequent required reporting to the County and the State of California to seek expense reimbursement.
Mozaik has developed a thorough understanding and working knowledge of the District’s complexities in its working relationships with external stakeholders and their emergency management plans, policies and requirements. Likewise, over the course of the past 12 months, Mozaik has been able to conduct a complete assessment of the District’s internal department’ needs for emergency operations policy development, emergency operations plan development, in addition to training and exercise requirements.
In June 2016 FEMA awarded the District a Port Security Grant Program award of $573,819 towards a Total Project cost of $753,137 to facilitate technology build-out of the District’s Emergency Operations Center and the region’s Maritime Unified Command. Incorporated into this award are the following Consulting/Contract/Supplies costs to address Training and Exercises needs associated with building out the District’s emergency operations capabilities:
Consultant Fees: $255,895
Consultant Expenses: $ 5,024
Training Supplies: $ 14,240
Conference room space: $ 16,000
Total: $291,159
On October 4, 2016 the DHS FEMA Port Security Grants office provided approval for the District to contract through a non-competitive procurement as long as the District utilizes appropriate justification language. Specifically, FEMA advised they do not address sole sourcing. Rather they leave the procurement aspect of grant spending up to the discretion of the grantee (the District) and request the grantee document its reasoning for choosing a noncompetitive bid, i.e., sole source.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing Amendment No. 1 to Agreement No. 235-2016SN with Mozaik for emergency management consulting services, increasing the maximum expenditure of $17,517.50 by an additional $291,159 for a new not to exceed maximum expenditure of $308,676.50 payable under the agreement, and waiving BPC Policy 110.
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FISCAL IMPACT:
The BPC approved Acceptance of the Fiscal Year 2016 PSGP Awards and Budget Amendments in a Resolution and Adoption of an Ordinance in the October 13, 2016 Regular Meeting.
Approval of this resolution will have no impact on the budgeted surplus or on previously established department operational budgets. Funds for this expenditure were awarded in the 2016 Port Security Grant Program (PSGP) through the Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA), Investment Justification No. 001, Area Maritime Security Committee Unified Command and San Diego Unified Port District Emergency Operations Center Technology Build-Out and Exercise.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands, trusts and values.
• A thriving and modern maritime seaport.
• A Port that is a safe place to visit, work and play.
• A Port with an innovative and motivated workforce.
It is imperative the District maintain resiliency and have the ability to respond effectively in the face of manmade and natural threats and disasters. The District’s ability to recover physically and financially from an incident, no matter how large in scale, is critical to reestablish itself as the region’s economic engine and its significant contributions to tourism, recreation and environmental leadership. The continuous expansion of the District’s Emergency Management Program through further inclusion of District personnel will ensure the District is in compliance with the State of California’s Standard Emergency Management System (SEMS) and the country’s National Incident Management System (NIMS), which are requirements for the District as a government municipality.
DISCUSSION:
In October of 2016, the District entered into an agreement with Mozaik for guidance on enhancement to its limited emergency management program. Mozaik provides strategic and technical consulting services within the fields of emergency and crisis management for various levels of government organizations and private industry. Mozaik develops teams of specialists on a regular basis which are customized to individual organizations’ specific challenges, resulting in reduced redundancy and maximum cost-effectiveness with demonstrated success in projects of varying scope and scale.
Mozaik is a valuable asset to the District in providing guidance in emergency management policy development, emergency operational plan development, related training, exercise development and integration with emergency plans of the County along with those of the District’s five member cities. Mozaik is now well integrated within the District, both through relationships with District external stakeholders and also internal Department heads. Mozaik’s initial steps following initiation of the October 2015 services agreement was to develop a “crawl, walk, run” approach and strategy to development of the District’s Emergency Management Program. At present the District is in the early stages of the “walk” phase and needs to continue on this same path to become effective and efficient in its emergency management responsibilities as a complex municipality. Staff recommends the Board approve an amendment to the Emergency Management Program contract with Mozaik to add an additional $291,159, with the objective to allow Mozaik to continue to perform work on this project. The recommended amendment increases the not-to-exceed amount beyond $90,000 and requires approval by the Board and waiver of BPC Policy 110.
The additional allowable expenditure and duration of service will allow the District to continue using Mozaik without a gap in services and enable the District to complete its overall objective to provide its tenants, the tidelands, and its public and private stakeholders the response, initial recovery and resiliency they require
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented and has reviewed and approved Amendment No. 1 to the agreement as to form and legality.
Environmental Review:
The proposed Board action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
In addition, the proposed Board action allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board action does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required.
Equal Opportunity Program:
Mozaik is an SBE.
PREPARED BY:
Matthew Brown
Homeland Security Intelligence Coordinator, Harbor Police Department
Attachment(s):
Attachment A: Proposed Amendment No. 1 to Agreement No. 235-2016SN with Mozaik Solutions