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PW Disaster Cost Recovery____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-537 Council Meeting: 06/03/2019 Disposition: Resolution 14682 Agenda Item No: 4.i Meeting Date: June 3, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: ________ File No.: 16.11.46 TOPIC: DISASTER COST RECOVERY SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MASOUD KERMANI, DBA KERMANI CONSULTING GROUP, FOR ADDITIONAL DISASTER COST RECOVERY AND CONSULTING SERVICES AND TO INCREASE THE COMPENSATION IN THE AMOUNT OF $45,000, FOR A TOTAL NOT- TO-EXCEED AMOUNT OF $140,000 RECOMMENDATION: Adopt the resolution. BACKGROUND: In January 2017, the City of San Rafael, as well as other communities throughout California, experienced a significant storm event. On February 14, 2017, the President declared a major disaster, making federal disaster aid available to 34 counties including Marin. From January 3 to January 12, 2017 several ‘slipouts’ (landslides) occurred which damaged several public roadways as follows: Location Description Status 70 Irwin Street Downhill slipout destabilized the roadway Under Construction 80 Upper Toyon Downhill slipout destabilized the roadway Construction Completed – Filing reimbursement request. 76 D Street Uphill debris movement Under Design 21 San Pablo Downhill slipout destabilizing the roadway. Construction Completed – Filing reimbursement request. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Two of the four permanent restoration sites have been completed, one is tentatively scheduled for completion within the next two months with the uphill slide to be repaired in the fall of 2019. In addition to the permanent restoration sites listed above, the City incurred significant costs in responding to storm damage by removing debris and performing overtime activities to protect residents and keep the transportation system functioning during the event. A portion of this work is reimbursable through the Federal Emergency Management Agency (FEMA). Having a consultant familiar with the FEMA process to recover these costs expeditiously is advantageous to the City. In April 2017 the City entered into an agreement with Kermani Consulting Group in the amount of $20,000 to provide professional assistance with submitting the complex applications, paperwork and correspondence to FEMA and the California Office of Emergency Services (Cal OES). Kermani Consulting Group has specific knowledge of the state and federal reimbursement process to allow the City to comply with the sometimes complex and daunting requirements needed to receive funding from these organizations. On September 18, 2017 the San Rafael City Council authorized the City Manager to execute an amendment to the original professional services agreement from $20,000 to $95,000, for Kermani Consulting Group to manage the federal grant reimbursement process for the landslides at 21 San Pablo, 80 Upper Toyon, and 70 Irwin. This process can take several years after the final invoices are sent to receive reimbursements, if not managed correctly. ANALYSIS: City Staff, with assistance from Kermani Consulting Group, has been meeting with representatives from FEMA over the last year and the City has received reimbursement checks in an amount totaling $387,700 to offset initial costs for debris removal and protective measures. In addition to the $387,000 already received for debris removal the City anticipates receiving approximately $1.58 million for the permanent restoration sties listed above. Kermani Consulting Group has specialty knowledge of the state and federal requirements to assist the City with receiving these funds. As more disasters have occurred since the 2017 disaster, Kermani Consulting Group has had to expend more time and effort on keeping the paperwork moving through the reimbursement process than originally expected and budgeted for. Staff recommends increasing their contract by $45,000, for a new not-to-exceed amount of $140,000 to recover the state and federal participation costs of the permanent restoration sites. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: Consulting services for this project are paid for out of City’s General Fund. In general, utilization of a consultant to assist with FEMA paperwork is not reimbursable through the FEMA disaster recovery. OPTIONS: 1. The City Council may approve the resolution authorizing the City Manager to execute an amendment to the professional services agreement with Kermani Consulting Group, in a form approved by the City Attorney, increasing the total not-to-exceed amount under the agreement to $140,000. 2. Do not adopt the and provide further direction to staff. RECOMMENDED ACTION: Adopt the resolution authorizing the City Manager to execute a second amendment to the professional services agreement with Masoud Kermani, dba Kermani Consulting Group, for additional services and increasing the total not-to-exceed amount under the agreement by $45,000 to $140,000. ATTACHMENTS: 1. Resolution 2. Exhibit A to Resolution: Proposed Second Amendment to Agreement 3. Professional Services Agreement dated 4/30/17 4. Amendment to Professional Services Agreement dated 9/19/2017 RESOLUTION NO. 14682 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MASOUD KERMANI, DBA KERMANI CONSULTING GROUP, FOR ADDITIONAL DISASTER COST RECOVERY AND CONSULTING SERVICES AND TO INCREASE THE COMPENSATION BY $45,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $140,000 WHEREAS, in January 2017 the City of San Rafael as well as other communities throughout the state of California experienced a significant storm event; and WHEREAS, on February 14, 2017 the President declared a major disaster making federal disaster aid available to 34 counties including Marin and the cities within Marin; and WHEREAS, from January 3, 2017 to January 12, 2017 several downhill slides occurred at five locations within San Rafael; and WHEREAS, disaster cost recovery and grant management services were needed to apply and conform with Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (Cal OES) guidelines for obtaining disaster cost reimbursement; and WHEREAS, on April 30, 2017 the City entered into a professional services agreement with Masoud Kermani, doing business as Kermani Consulting Group, in a sum not-to-exceed $20,000 for consulting services directly related to disaster cost recovery and grant management (the “Agreement”); and WHEREAS, the City subsequently entered into an amendment to the Agreement, dated September 19, 2017, increasing the compensation amount by $75,000 for Kermani Consulting Group to perform additional consulting services for disaster cost recovery and grant management, increasing the total not to exceed amount under the Agreement to $95,000; and WHEREAS, the City of San Rafael has need of additional disaster cost recovery consulting services and wishes to extend the existing amended Agreement with Kermani Consulting Group; and WHEREAS, Kermani Consulting Group has submitted a proposal to provide additional such services on a time and materials basis in an additional amount not to exceed $45,000; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute a Second Amendment to the Agreement for Professional Services with Masoud Kermani, doing business as Kermani Consulting Group, to extend that Agreement and to provide for total contract services under the Amended Agreement in an amount not to exceed $140,000, in the form approved by the City Attorney’s office. BE IT FURTHER RESOLVED that additional funds in the amount of $140,000 will be appropriated from the Gas Tax Fund (#206). BE IT FURTHER RESOLVED that the City Manager of the City of San Rafael is hereby authorized to take any and all actions and make such changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 3rd day of June 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey LINDSAY LARA, City Clerk File No. 16.11.46 SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH MASOUD KERMANI, DOING BUSINESS AS KERMANI CONSULTING GROUP, FOR 2017 DISASTER COST RECOVERY AND GRANT MANAGEMENT ASSISTANCE THIS SECOND AMENDMENT to Professional Services Agreement is made and entered into as of the 214 day of 3UVlf, , 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MASOUD KERMANI, doing business as KERMANI CONSULTING GROUP (hereinafter "CONTRACTOR"), RECITALS WHEREAS, on April 30, 2017, the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services for 2017 Disaster Cost Recovery and Grant Management Assistance" (the "Agreement"), pursuant to which CONTRACTOR has been providing assistance to the CITY in applying for and obtaining emergency cost recovery related to damages caused to CITY infrastructure during the storm season of 2016-2017; and WHEREAS, on September 19, 2017, the CITY and CONTRACTOR entered into an amendment to the Agreement to provide for additional consulting services from CONTRACTOR and an increase in the total compensation under the Agreement from $20,000 to $95,000; and WHEREAS, the parties now desire to amend the Agreement again to extend it to provide for additional consulting services from CONTRACTOR; NOW, THEREFORE, the parties hereby agree as follows: AMENDMENT TO AGREEMENT 1. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation to CONTRACTOR in the sum $45,000 for additional services to be rendered, and to change the total not -to -exceed amount of the Agreement to $140,000. 2. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to extend the termination date of the Agreement to July 1, 2020. 3. Except as otherwise amended herein, all of the other provisions, terms and obligations of the Agreement between the parties, as amended on September 19, 2017, shall remain valid and in force after this Second Amendment. jlii I SAL y-?�-531 IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL MASOUD KERMANI, doing business as KERMINI CONSULTING GROUP, CONTRACTOR SCHUTZ, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: L12,4 a " L4�-� -c J ROBERT F. EPSTEIN, C4 Attomey Title: ?gjf::5j7_)(5u-r AGREEMENT FOR PROFESSIONAL SERVICES FOR 2017 DISASTER COST RECOVERY AND GRANT MANAGEMENT ASSISTANCE This Agreement is made and entered into this :?id'"'day of April, 2017, by and between the . CITY OF SAN RAFAEL (hereinafter "CITY"), and Kerman.i Consulting Group, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the in January 2017 the City of San Rafael experienced a significant storm related disaster event and will be seeking assistance from the Federal Emergency Management · Agency (herein referee! to as FEMA) to assist with storm related reconstruction of City facilities; and · WHEREAS, the City requires assistance with developing and managing the necessary documentation required to obtain reimbursement from FEMA for storm rlated damages. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows : 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall s up ervise all aspects of the progress and execution of this Agreement. B . CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Masoud Kermani is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions s ubsequent to the executio1i. of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business clays of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services described in Exhibit A attached hereto and incorporated herein by reference. 3 . DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR in accordance with the Fee Schedule attached hereto as Exhibit "A". In no event shall the total compensation paid by CITY to CONTRACTOR for se1vices under this Agreement exceed TWENTY THOUSAND DOLLARS ($20,000). Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5 . TEIUv1 OF AGREEMENT. The term of this Agreement shall commence as of April 4, 2017 and shall encl on July 1, 2018. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of two (2) year(s). 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon tltirty (30) clays written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate tltis Agreement for cause upon fifteen (15) clays written notice mailed or personally delivered to the other party, and the notified party's failure to cure or co1Tect the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) clay time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of tltis Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) clays after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate 2 with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The pruties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other patty, and any attempt to so assign this Agreement or any rights , duties or obligations arising hereunder shall be void and of no effect. 10 . INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1 ,000,000) per occurrence/one million dollars ($1,000,000) aggregate, for death, bodily injury, personal inju1y, or prope11y damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional pe1forms any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollru·s ($1,000,000) per occurrence/two million dollru·s ($2,000,000) aggregate, to cover any claims arising out of the CONT~CTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right' to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR'S worker's compensation insurru1ce shall be specifically endorsed to waive any right of subrogation against CITY. B . Other Insurance Requirements. The insurance coverage required of the CONTRACTOR m subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primmy with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution . The "primmy and 3 noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 010413: 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contract1ial liability and personal injury. 4. _The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) clays written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective elate of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primm:y and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured . 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C . Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Ag1·cement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the 4 right to obtain a full certifiecl copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form ancl sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B ., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Inclemnitees"), from and against any claim, demand , suit, judgment, loss, liability or expense of any kind , including but not limited to attorney's fees, exp ert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or pass ive negligence of the City Inclenmitees . However, to the extent that liability is caused by the active negligence or willful misconduct of the City Inclemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City lndemnitccs' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Inclemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City lndemnitees or at CITY'S option reimburse the City Inclemnitccs their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B . Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, d efend and hold harmless th e City Inclemnitces from and against any CLAIMS that arise out of, p ertain to , or relate to the negligence, reckless ness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negli gence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full p eriod of time allowed by law. 12 . NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any p erson on the ba s is of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 5 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations . CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES . All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified . Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Bill Guerin, Public Works Director City of San Rafael 1400 Fifth A venue P .O. Box 151560 San Rafael, CA 94915-1560 Masoud Kennani Kermani Consulting Group Inc. PO Box 29433 San Francisco, CA 94129 Telephone: 415.883 .3820 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as emjJloyees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 6 17. ENTIRE AGREEMENT --AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The tenns and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement; and the terms and conditions of the attached exhibits or the documents expressly incoqjoratecl by reference, the terms and conditions of this Agreement shall control. 18 . SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, u npaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, la w or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, sha ll not be deemed to be a waiver of any preceding breach or v iolation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regu lation . 20. COSTS AND ATTORNEY'S FEES . The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with s uch action. 7 CITY OF SAN RAFAEL PROPOSAL Disaster Cost Recovery and Grant Management March 20, 2017 A KERMANI COHSUlTING GROUP IKCGJ P.O. BOX 29433 SAN FRANCISCO CA 94129 415.883.3820 KCG Proposal City of San Rafael March 20, 2017 EXHIBIT "A" City of San Rafael Disaster Cost Recovery and Grant Management A.1 Proposed Scope of Services The consulting services will be provided to the City of San Rafael (the City) to assist the City to obtain the necessary approvals form the State of California Office of Emergency · Services (CalOES), Federal Emergency Management Agency (FEMA) and the Federal Highway Administration (FHW A) to provide funding to repair the sites damaged by the latest storms and declared disaster(s). The scope of services will be performed as authorized by the City. Some examples of the tasks that could be provided to the County are listed below: 1. Meet with the City officials and consultants 2. Provide guidance to the City to prepare for the disaster gtant application process 3. Prepare and /or review the City's List of Projects (LOP) 4. Originate and organize project files for each damaged site 5. Visit the damaged sites in LOP 6. Attend the Kickoff Meeting with the City, CalOES and FEMA officials 7. Review and provide comment on the geotechnical repoits prepared by the City's consultants 8. Review the procurement contracts to complete the projects' scope of work 9. Review and provide comments on the projects' scope of work and cost estimates 10. Assist with the preparation of the FEMA's Project Worksheets (PW) 11. Assist with the preparation of the State Ca!OES Damage Survey Reports (DSR) 12. Review and analyze the Damage Survey Repm1s (DSR) and Pr_oject Worksheets ( PW) prepared for each project 13. Review the State OES Notice of Obligation Packages 14. Prepare requests for Time Exte1~sion 15. Prepare the appeal packages including cost, teclmical and regulations analysis 16. Coordinate activities between the County, State, FEMA, other agencies and consultants 17. Assist with the project monitoring/ quarterly reports required by the State and FEMA 18. Prepare requests for PW Versions and Supplemental DSRs 19. Financial Analysis of the reimblll'sable funds/ checks received 20. Assist with the Final Inspection Audit 21. Follow up with the State to receive the retention 22. Manage the Audits with the City, State Controller Office and Federal Office of Inspector General (OIG) 31Page KCG Proposal City of San Rafael March 20 , 2017 A2. Qualifications and Experience: Kerrnani Consulting Group (KCG) wa_s founded in 1997 to provide comprehensive disaster consulting services to local public agencies seeking grant assistance from the State and Federal agencies such as the Governor's California Office of Emergency Services (CalOES), the Federal Emergency Management Agency (FEMA), and the Federal Highway Administration (FHW A). Masoud Kermani, president of KCG has a Masters Degree in Civil/Structural Engineering and is a registered civil engineer with over thirty six years of experience in the field of engineedng, disaster response, cost recovery, consh-uction and project management. For over eight years. he worked for the Governor's OES office and was co-located with the FEMA Region IX personnel in their headquarters at the Presidio of San Francisco. He managed the OBS staff assigned to the disaster cost recovery of all the sites damaged by the Loma Perieta Eai1hquake. In the past twenty years, KCG has assisted a number of cities and counties with the disaster cost recovery of the sites damaged by the declared disasters such as the floods of 1994, 1996, 1997, 1998, 2005 and 2006 and the San Simeon, Loma Prieta and Napa ea1thquakes. KCG has been working with the City of Pacifica since March of 1997 on ALL declared disasters from 1994 to 2010. We have provided disaster cost recovery consulting, technical advice and project management for all the sites damaged by the various disasters securing over $12M from the State OES and FEMA for the City. In 2012, KCG worked With the City of Pacifica to manage their audit of the disaster funds by the Office oflnspector General (OIG). KCG prepared complete project and financial files for the all project work sheets requested by OIG. As a result, all of the inquiries and requests for infonnation by the auditors were addressed with no significant findings . KCG has been working with the County of Marin since 1998. In particular, KCG worked ,vith the County and City of Larkspur to manage the d isaster recovery of the 2005/2006 storm disasters. The County had a total of 246 sites damaged as stated in the List of Projects and the City of Larkspur had 25 sites which included seven major landslides. As a result of KCG's effo1ts, a total of $IO .SM was obligated for both applicants . The ratio of the actual cost of the projects to the approved funding by both State OBS and FEMA was close to 98%. Most of the projects were approved after filing first and /or second level appeals with FEMA. The approval success rate for the appeals was around 98%. KCG worked with CCSF OES from December 2000 to October 2005 on various sites damaged by the 1996 State disaster and by the storms of Federally declared 1997 and 1998 disasters. KCG was able to obtain reimbursement exceeding ten million dollars from State OES and FEMA. The additional funds secured by KCG were considered "dead money" that the City had given up hope ofreceiving. KCG also coordinated the response and the 41Pag e KCG Proposal City of San Rafael March 20, 2017 activities with the final audit by the Office of Inspector General (OIG) of the approved funds. OIG's auditors issued their final report with no findings. In March 2000, the City of Millbrae exp~rienced a massive· and daiigerous la1idslide on private land that damaged a public sewer iine, destroyed one home · and threatened t~n others. KCG provided comprehensive disaster consulting services and helped the City acquire $9 million dollars in public assistance funding from the State Governor's Office of Emergency Se1vices under the California Disaster Assistance Act (CDAA). KCG assisted City of Paso Robles with the disaster cost recovery following the 2003 San Simeon earthquake to manage the disaster grant and file the necessary appeals and request for supplemental project worksheet to maximize the funds for the City. KCG also filed the appeal for the City ·of Atascadero's City Hall requesting FEMA to pay for the seismic upgrade and repairs in the amount of $35 million dollars. As a result of the arguments presented in the appeal the City was ultimately able to get the approval and restore the historic City Hall to its pre-disaster function in accordance with the applicable codes and standards . At the request of the City of San Rafael, KCG entered into a contract with the City to review the City's existing policies and procedures of dealing with the State and Federal disasters ~nd provide recommendations to improve recove1y. In October 2013, KCG submitted a comprehensive repo1t on the FEMA-CalOES Public Assistance Guide for the disaster cost recovery process . fo the past five years, at the invitation of Cal OES's California Specialized Training Institute (CS-Tl), Masoud kermani has been teaching a course on State's California Disaster Assistance Act (CDAA) and FEMA's Public Assistance programs to the local government representatives. KCG was hired by the Napa County to file all the necessary appeals for the sites damaged by the 2014 Napa earthquake that the funding was denied by FEMA. Finally, KCG was recently selected by Sonoma County and City of Grass Valley to provide FEMA-OES consulting services for the latest disasters declared by the State and FEMA in 2017. . A.3 Key Project Professionals KCG will draw upon the collective experience of diverse professionals to provide comprehensive consulting services to the City on an as-needed basis to complement the City's staff and other consultants. All of the professionals selected to work on this project have extensive experience in disaster cost recovery management. 5IPage KCG Proposal City of San Rafael March 20, 2017 The following Key Project Professionals will be available to work on the City's projects, as needed. The Cuniculum Vitae and or resume will be provided upon request: ► Project L_eader: Mr. Masoud Kermani, Professional Civil-Structural Engineer ► Project Manager: Ms. Thea Liskanun, Senior Consultant ► Project Specialist: Mr. Dwight Steeves, Auditor ► Project Prograni Analyst: Mr. Andre Riazance, Engineer ► Project Fiscal Analyst: Ms . Cheryl Ridenour, CPA ► A.4.1 List of Major Clients Client Contact Title City of Pacifica Mr. Van Ocampo DPW Director City of Daly City Mr. Joseph Curran City Manager's Office Marin County Mr. Michael Frost Deputy Director Marin County Open Space Dist. Mr. Ron Miska Assistant General Manager City of Paso Robles Ms. Meg Williamson Assistant City Manager Brisbane School District Ms. Toni Presta S perinteudent SF International Airport Mr. Sam Mehta Program Manager San Mateo County Mr. Gil Tourel Acting Principal Civil Engineer City of Brisbane Mr. Randy Breault DPW Director/City Engineer City of Larkspur Mr. Hamid Shamsapour Fonner DPW Ji)irector/City Engineer California Specialized Training Mr. Michael Brady Senior Emergency Institute (CST!) Management Coordinator Napa County Mr . Kerry Whitney Risk and Emergency Services Manager Sonoma County Ms. Susan Klassen Public Works Director City of Grass Valley Mr. Tim Kiser Public Works Director 61Page Phone# 650-738-3770 650-991-8126 415-473 -3725 415-473-6391 805-237-3888 415-467-0550 650-821-7841 650-599-1482 415-508-2131 415-722-8050 805-431-3079 707-253-4821 707-565-3634 530-274-435 l AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH MASOUD KERMANI, dba KERMANI CONSULTING GROUP, FOR 2017 DISASTER COST RECOVERY AND GRANT MANAGEMENT ASSISTANCE This Amendment to Professional Services Agreement ("Amendment") is made and entered into this \t\ day of 5e.ptt.mbe.t, 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MASOUD KERMANI, doing business as KERMANI CONSUL TING GROUP (hereinafter "CONTRACTOR"), RECITALS WHEREAS, on April 30, 2017, the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services. for 2017 Disaster Cost Recovery and Grant Management Assistance" (the .. Agreement"), pursuant to which CONTRACTOR has been providing assistance to the CITY in applying for and obtaining emergency cost recovery related to damages caused to CITY infrastructure during the storm season of2016-2017; and WHEREAS, the Agreement provided for CONTRACTOR to perform only some of the tasks proposed in the proposal attached as Exhibit A to the Agreement, and CONTRACTOR has completed items 1 through 9 described in that Exhibit; and WHEREAS, the CITY has determined that it needs additional consulting services for Disaster Cost Recovery and Grant Management, specifically those services described as items I 0 through 23 in Exhibit A to the Agreement, and the Parties therefore desire to amend the Agreement to authorize CONTRACTOR to provide those additional services to the CITY; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby amend the Agreement as follows: 1. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include an additional amount of compensation to CONTRACTOR in the sum $75,000 for the services described as tasks 10 through 23 in Exhibit A to the Agreement, resulting in a new total compensation payable under the Agreement as amended not to exceed $95,000. 2. Except as amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in force after this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first above written. ATTEST: lii ·. ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: La~Jr12t=E ROBERTF.EPSTEIN,'tyAtto 2