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PW 2017 Disaster Cost Recovery; Amendment 3THIRD 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 THIRD AMENDMENT to Professional Services Agreement is made and entered into as of the -2-1) 7�- day of /'ja/dn 2020, 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, on June 24, 2019, the CITY and CONTRACTOR entered into a Second Amendment to the Agreement to provide for additional consulting services from CONTRACTOR and an increase in the total compensation under the Agreement from $95,000 to $140,000, and to extend the term to July 1, 2020; 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 for continuing services after March 4, 2020, on the contingency basis described in Section A.3 of Exhibit A to Consultant's attached March 4, 2020 letter proposal, which proposal and Exhibit are incorporated herein by reference. 2. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to extend the termination date of the Agreement to December 31, 2022. 1 3. Except as otherwise amended herein, all of the other provisions, terms and obligations of the Agreement between the parties, as amended on June 24, 2019, shall remain valid and in force after this Second Amendment. 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 s By: JI SC Z, City M ag r ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: LQ kFC ROBERT F. EPSTEII,6, City Atto4ney 2 4fl4fil", 1 KERMANI CONSULTING GROUP DISASTER GRANTS • HAZARD MITIGATION • PROJECT MANAGEMENT 530 ALAMEDA DEL PRADO STE 132C NOVATO CA 94949 March 4, 2020 Mr. Bill Guerin Public Works Director City of San Rafael Re: Request for Contract Amendment Disaster Cost Recovery and Grant Management Dear Mr. Guerin: (415) 883-3820 FAX (415) 883-3916 On March 20, 2017, Kerman Consulting Group (KCG) submitted a proposal to the City of San Rafael (the City) and entered into an Agreement for Professional Services with the City dated April 30, 2017 to assist with the disaster cost recovery from CalOES and FEMA for the projects damaged by the FEMA 4301 disaster. This contract was subsequently amended by the City to allocate more funding to continue with the consulting services. As a result of our efforts, as of this date, a total of approximately $1.8M has been obligated for the City. As a follow up to the February 13, 2020 conference call with you and Mr. Hunter Young, a request for contract amendment was submitted to you on February 18, 2020 to set our compensation based on the percentage of the future obligated funding by CaIOES and FEMA. The proposal has been revised based on our email exchange and mutual agreement on the terms of the compensation (Ref. Emails dated February 26, 2020 and March 2, 2020). As a result, we are submitting this revised request to amend KCG's contract with the City in accordance with the attached Exhibit "A" to continue our consulting services based on the compensation terms outlined in Section A.3. We appreciate the opportunity to submit the request to amend our contract to continue working with you and the staff for a successful disaster cost recovery of all projects. Please contact me if there are any questions. Sincerely, Kerman, Enclosure: Exhibit "A" KCG Request for Contract Amendment City of San Rafael March 4, 2020 EXHIBIT "A" City of San Rafael Contract Amendment Disaster Cost Recovery and Grant Management A.1 Scope of Services KCG (the Consultant) will continue to provide consulting services to the City of San Rafael (the City) to obtain the necessary approvals and obligation of additional funds form the State of California Office of Emergency Services (CalOES) and Federal Emergency Management Agency (FEMA) to reimburse the City for the expenditures related to the repair of the sites damaged by the 2017 storms disaster. KCG shall provide the necessary services using the key project professionals, listed in the March 20, 2017 proposal, and other resources, as needed, to complete the tasks to secure the funding for the City. Some examples of the tasks that will be provided to the City are listed below: 1. Attend meetings and site visits with the City, CalOES and FEMA officials 2. Coordinate activities between the City, State, FEMA, other agencies and consultants 3. Prepare and update the Project Status Reports (PSR) 4. Review the Notice of Obligation and Payments 5. Direct and review the geotechnical reports prepared by the City's consultants 6. Review the procurement contracts 7. Advise on FEMA's policies, regulations, practice and procedures 8. Review and provide comments on the projects' scope of work and cost estimates 9. Assist with the preparation of the FEMA's Project Worksheets (PW) 10. Review and analyze the Project Worksheets ( PW) prepared for each project 11. Assist with the organization of project files for each damaged site 12. Prepare requests for Time Extension 13. Identify Improved and Alternate Projects 14. Prepare the appeal packages including cost, technical and regulations analysis 15. Assist with the project monitoring/ quarterly reports required by the State and FEMA 16. Prepare requests for PW Versions 17. Financial Analysis of the reimbursable funds/ checks received 18. Assist with the Final Inspection to close the disaster 19. Follow up with the State to receive the retentions 2 1 P a g e KCG Request for Contract Amendment City of San Rafael March 4, 2020 A.2 Time Services Rendered The Consultant shall provide the above scope of services in a timely manner such that the City meets all FEMA and OES deadlines related to time extension requests, appeals, etc. Services shall be rendered until the disasters are closed out and the retention is released. A.3 Compensation The following payment option is proposed to amend the contract to continue with the consulting services to pursue "Potential Future Funding" for the projects listed in the City's List of Projects (LOP) for the 4301 disaster until all appeals and alternate funding sources are exhausted. It is noted that the contingency compensation listed below will apply to funding obligated for the City after March 4, 2020. "The City shall pay the Consultant ten percent (10%) of the total funding obligated by CaIOES and FEMA for the first $15 OK. The rate will increase to fifteen percent (15%) for the total funding obligated above S150K for all sites listed in the City's LOP. " Furthermore, the Consultant has agreed to limit the hourly charges and expenses from January 1, 2020 to March 4, 2020 to the remaining balance in the current contact. No other request for payment or charges shall be submitted by the Consultant to the City except stated above after the funds have been approved and obligated. A.4 Payment Consultant shall submit a statement of account and invoice based on the percentage of the total amount obligated for the City included in each Notice of Obligation and Payments from CalOES. The payments shall be due within thirty (30) days of its receipt. Approved: DPW Director: Mr. Bill Guerin 3 1 P a g e it! i 2 �iT r WITH P eA`y CONTRACT ROUTING FORM k)d -w "1'`J ' � CL INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and appro.— TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Kermani Consulting Group Contractor's Contact: Masoud Kermani Contact's Email: masoud@kermaniconsulting.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a (1,11C. b. Email contract (in Word) and attachments to City (:"lick licre to Attorney c/o Laraine.Gittens@cityofsanrafael.org enter a elate. ❑ 2 City Attorney a. Review, revise, and comment on draft agreement (.'lick here: to and return to Project Manager enter a (late. ❑ b. Confirm insurance requirements, create Job on Click herc to Department Director PINS, send PINS insurance notice to contractor enter a clue. ❑ 3 Approval of final agreement form to send to Click or tap contractor to enter a Mate. 301U 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a elate. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds 21 31 221-2D D 8 Ka - (for Public Works Contracts) A 9 City Manager/ Mayor Agreement executed by City Council authorized U �!�_�,`�� official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 0dT1x;,4V,7-b ow4rl L