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HomeMy WebLinkAboutPW Disaster Recovery & FEMA ServicesAgenda Item No: 3. Meeting Date: October 15, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT 7�7 �u Prepared by: � �- City Manager Approval: Director of Public Works (LB) File No. 011){.02]]1 SUBJECT RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH KERNNN| CONSULTING GROUP (KCG) FOR DISASTER RECOVERY REIMBURSEMENT AND FEMA RELATED SERVICES RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the Public VVurka Director to enter into Professional Services Agreement with Kenmani Consulting Group in aknm approved by the City Attorney's office. BACKGROUND: In 2005. the Public Works Department responded to a federally -declared disaster resulting in a cost of approximately $1 Million to the City. Federal Emergency Management Agency (FEMA)disaster assistance represents financial assistance to those whose property has been damaged m destroyed asaresult ofafederally-declared disaster, and whose |oaoee aro not covered by insurance. This oaaiatanoo is meant to help with critical expenses that cannot be covered in other ways. Hmwover, in order to be eligible for the reimbursement strict vequiromen1a, poponworh, proueduoee, o1o. must be in place before the disaster occurs and followed throughout the response tuthe disaster. After the 2005disaster, the Public Works Departmentsubmitted arequest for reimbursement of $989.688 from FEMA and the California Emergency Management Agency (Cal EMN. After an audit ofour procedures and paperwork, we were not eligible for $214,517 of that request. KermaniConsulting Group is a consulting firm specializing in the maximization of disaster recovery reimbursements. Utilizing this consultant will allow the City to review current procedures, provide training to City employees on the Public Assistance Disaster Programs and Cost Recovery, pompona and recommend new procedures, develop standard forms, and implement all necessary procedures in order 10maximize the City's eligible disaster recovery reimbursements from FEMA and Cal EMA. It is important to nota that having ppuoedun*a and policies in place before a disaster will expedite reimbursement from these agencies. In addition, on-call services from Kannani Consulting Group is necessary to provide disaster recovery oversight during afederal disaster, Oversight will ensure that proper FEMA required processes are being followed allowing the City to maximize reimbursements. ANALYSIS: The professional services consultant is necessary to ensure future compliance with FEMA and Cal EMA requirements for the maximization of disaster recovery reimbursements. File No.: 2-4- 3 ` ° �� ��� ��� ��SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 FISCAL IMPACT: The professional engineering services will bosupported bvthe general fund onatime and materials basis, inanamount not k»exceed $G0,0OO. OPTIONS: The Council may choose tnreject the proposal from KannaniConsulting Group and direct staff to not proceed with this Prohaonkmsd Services contract. Deferring the review and development ofthe Qt/o procedures and policies may jeopardize receiving full disaster reimbursement for FEMA and Cal E[NA. ACTION REQUIRED: Adopt Resolution. Enclosures 1. Resolution 2. Proposal th RESOLUTION NO. 13429 RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH KERMANI CONSULTING GROUP (KCG) FOR DISASTER RECOVERY REIMBURSEMENT AND FEMA RELATED SERVICES WHEREAS, Federal Emergency Management Agency (FEMA) provides disaster assistance which represents financial assistance to those whose property has been damaged or destroyed as a result of a federally -declared disaster, and whose losses are not covered by insurance; and WHEREAS, requirements, procedures, policies and required paperwork must be in place before the disaster occurs and followed throughout the response to the disaster; and WHEREAS, updates to the City's existing procedures are necessary in order to ensure compliance with FEMA and Cal EMA regulations; and 0 I WHEREAS, the Department of Public Works requires professional service assistance in order to establish these procedures, policies and required paperwork; and WHEREAS, the firm of Kermani Consulting Group was selected for said services; and WHEREAS, Kermani Consulting Group has submitted a proposal to provide such services on a time and materials cost; and WHEREAS, staff has reviewed the proposal from Kermani Consulting Group and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Kermani Consulting Group proposal is accepted in a maximum amount of $60,000.00; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 1, ESTHER C. BEIRNE, 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 15`" day of October, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None .a se -t 4-- - ESTHER C. BEIRNE, City Clerk File No. 01 .01.02.01 AGREEMENTFOR PROFESSIONAL SERVICES WITH [NAME OF CONTRACTOR KERMANI CONSULTING GROUP (KCG) FOR DISASTER RECOVERY REIMBURSEMENT AND FEMA RELATED SERVICES IN AN AMOUNT NOT TO EXCEED $60,000 This Agreement is made and entered into this 15th day of October, 2012 by and between the CITY OF SAN. RAFAEL [hereinafter "CITY"], and KERMANI CONSULTING GROUP (KCG) (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Disaster Recovery Reimbursement and FEMA Related Services (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. - DEFINITIONS. Not Applicable. 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Masoud N. Kermani is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. ylmmmi i ! CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated August 20, 2012 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A" Revised 4121109 ORIGINAL 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this 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) days after termination. 8. 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. 9. INSPECTION AND AUDIT Agreement • 2 IN 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 with CITY or its agent in any such audit or inspection. 10. - ASSIGNABILITY The parties 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 party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; Agreement • 3 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. 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; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The liability insurance provided to CITY by CONTRACTOR under this contract shall be primary and excess of any other insurance available to the CITY. 9. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. 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. 12. ' INDEMNIFICATION (a) Except as provided in Paragraph (b), CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. (b) Where the set -vices 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, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. Agreement - 4 11 NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis 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. 14. 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, ordinance, codes or regulations. 15. 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. 16. 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: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Masoud N. Kermani, P.E. Kermani Cnsulting Group (KCG) 49 Thunderbird Drive Novato, CA 94949 Agreement • 5 17. INDEPENDENT CONTRACTOR 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 employees 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. 18. 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 terms 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 incorporated by reference, the terms and conditions of this Agreement shall control. 19. 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, unpaid checks or other amounts. 20. 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, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Agreement • 6 21. 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 such action. 22. CITY BUSINESS LICENSEIOTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL a NADER MANSOURIAN Public Works Director ATTEST: fly.ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, C y Attorney File No.: 01.01.02.01 KERMANI CONSULTING GROUP By,," —— — i Title: - ) Agreement • 7 City of San Rafael KCG Proposal August 20, 2012 Page 3 of 6 EXHIBIT "A" City of San Rafael Disaster Cost Rec2yg1LEKtpAKqgffl A.I. Proposed Scope of SerAces The consulting services will be provided to prepare and to organize the City of San Rafael (tile City) for the future disaster declarations by the State California Emergency Management Agency (CalEMA) and Federal Emergency Management Agency (FEMA) to maximize the funding and to.prepare the City for the audit of the obligated funds (Phase 1). The scope of services will also include reviewing the files and the current status of the past disasters to provide recommendation to the City on how to address the outstanding issues and to incorporate the necessary changes for future declared disasters (Phase 11). The scope of services will be performed in two phases. Some examples of the tasks that would be provided to the City for each phase are listed below: Phase 1: 1. Review of the City's procedures to handle disasters. 2. Provide training to the City staff on the Public Assistance Disaster Programs and Cost Recovery. 3. Prepare procedures to document and list damaged sites before the declaration (Preliminary Damage Assessment). 4. Review and provide reconuriendation on the City's financial accounting set up to track and document expenditures. 5. Review of the applicable codes and standards to provide recommendation to adopt the appropriate standards before the disaster declaration. 6. Provide standard forms to document and track expenditures to maximize funding reimbursements. 7. Prepare forms to document contract and force account labor, equipment and material expenditures. 8. Prepare procedures and for adopt resolutions for emergency contracts. 9. Provide guidance oil setting up project files. 10, Explain the Federal and State programs and funding stmetures including administrative allowance, etc. City of San Rafael KCG Proposal August 20, 2012 Page 4 of 6 Phase 11: 1, Review the status of the open and closed past disasters. 2. Determine if there are any remaining funds at the State for the City. 3. Prepare the City with for audits by OIG or State Controller's office. 4. Review and provide recon-nnendations on any correspondence and inquiries from the State CalEMA and FEMA. 5. Manage the Audits with the City, State Controller Office and Federal OIG. A2. Qualifications and Experience: Kermani Consulting Group (KCG) was 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 Emergency Management Agency (CalEMA), the Federal Emergency Management Agency (FEMA), and the Federal Highway Administration (FHWA). Masoud Kermani, president of KCG has a Masters Degree in Civil/Structural Engineering and is a registered civil engineer with over thirty years of experience in the field of civil engineering, disaster response, cost recovery, construction 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 Presidic, of Sail Francisco. In the past fifteen years, KCG has assisted a number of cities and counties with the disaster cost recovery of the sites damaged by the declared disasters such the floods of 1997, 1998, 2005 and 2006 and the Sail Sinicon and Lorna Prieta Earthquakes. In particular, KCG worked with CCSF OFS from December 2000 to October 2005 on various sites damaged by the 1996 State disaster 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 tile City had given up hope of receiving. KCG also coordinated the response and the 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. KCG also worked with the County of Marin and City of Larkspur to manage the disaster recovery of the 2005/2006 storm disasters, The County had a total of 246 sites damaged as stated in the List of Projects submitted to CaIEMA and FEMA and the City of Larkspur had 25 sites which included seven major landslides. As a result of KCG's efforts, a total of $10.5M has been obligated for both applicants, - Recently, KCG has been working with the City of Pacifica to manage their audit of the disaster funds by the Office of Inspector General (OIG). KCG prepared complete project and financial files for the all projects and project work sheets requested by 01G. As of City of San Rafael KCG Proposal August 20, 2012 Page 5 of 6 this date, all of the inquiries and requests for information by the auditors have been addressed and it appears that there will be no significant findings.. KCG will draw upon tile collective experience of diverse professionals to provide comprehensive consulting services to the City. All of the professionals selected to work on this project have extensive experience in disaster cost recovery management. A.3 Key Project Professionals The following Key Project Professionals will be available to work on the City's projects, as needed: )> Project Leader: Mr. Masoud Kerinani, Professional Civil Engineer ➢ Project Manager: Mr. Charles Rabainad, Engineer Project Specialist: Mr. Andre Riazance, Program Specialist > Project Fiscal Analyst: Ms. Cheryl Ridenour, CPA > Project Program Analyst: Mr. Dwight Steeves, Auditor A.4 List of Major Clients and References Client Contact -------- Title Phone # _Ji City of P I acifica Mr. Van Ocampo DPW Director 650-738-3770 Ci of San Anselmo Ms, Debbie Stutsman Town Manager 415-258-4652 City of Daly City Mr. Joseph Curran City Manager's Office 650-991-9126 Marin County Mr. Bob Beaumont h- _­­­ ­­­_ - DPW Director _­­ ___ 415-473-6570 ...­ ­ - -,-- Marin County Open Space Dist. Mr. Ron Miska Assistant General Manager 415-473-6391 City of Paso Robles TvI5.,Meg Witt iamson Assistant City Manager 805 237-3888 C - ity of Mi - I - I - bra - e L_ Mr. Jeff Killian City Adininistrator 650-259-2338 Brisbane School District Ms. Toni Pre-sta Superintendent415- 467-0550 City of Napa Mr. Mark Prestwich Management Analyst 707-257-9520 'SF_ -lute- m ational Airport Mr. 'Sam Melita, P Program Manger 650-821-7841 San Mateo County Mr, Bill 0' Callahan Supervising Coordinator 650-599-1294 City of Brisbane 'Mr. Randy Breault DPW Director/City Engineer 415-508-2131 City of Larkspur Mr. Hamid Sharnsapour 5 DPW Director/City Engineer 415-927-5017 City of Sall Rafael KCG Proposal August 20, 2012 Page 6 of 6 A.5 Hourly Rate of Services: The following hourly fee schedule shall be charged to perform the consulting services plus actual cost for other expenses including travel. A rate of $0.50 per mile shall be charged when traveling using personal vehicle. it is expected that the hourly rate will also cover typical expenses such as software cost, software maintenance, shipping and insurance. Other expenditures, if needed, will be charged with prior approval from the City. TITLE -RATE Project Leader $160 Project Manager Project Specialist $120--- Protect Fiscal Analyst $110 project Program Analyst $100 A.6 Budget It is difficult to estimate the budget for the full scope of work at this time. it is however recommended that approximately $25K be budgeted to perform tasks listed in phase I of Section A.I. The consulting fees to perform the scope of work listed under Phase 11 will be performed based on an hourly basis as requested and authorized by the City. A.7 Compensation al Consultant shall submit a statement of account, for the hourly professionalservices and the reimbursable expenses every two weeks. The payments shall be due within thirty (30) days of its receipt. Approved: Mr. Nader Mansourian Date: A E'er CERTIFICATE OF LIABILITY INSURANCE DATE{M; 1/05/20)12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE .DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder Is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MACKIE INSURANCE BROKERAGE P O BOX 5454 ELDORADO HILLS, CALIF. 95762 NAME: ONTACT LINDA BARNETT PHONE1 - FA7Ct o: 916-933-9437 ADDRESS:Ibarneft@mackieins.com GENERAL LIABILITY f X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-7_1 OCCUR Y License # 0052381 INSURPPIRI AFFORDING COVERAGE NAIC_M INSURER A: MARYLAND CASUALTY COMPANY 19356 INSURED KERMANI CONSULTING GROUP INSURER B: UNDERWRITE—R9AT CLOYDS--5 PERSONAL & ADV INJURY $ 2,000, 444 INSURER c: 49 THUNDERBIRD DRIVE NOVATO, CA. 94949 INSURER D INSURER E : ,T INSURER F: COVERAGES CERTIFICATE NUMBER: 10,4a3 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, lNSR LTR TYPE of INSURANCE AuJqR ODL SU _R1_ ; POLICY NUMBER MN/LICYEFF DDNYYY MMIDOtYYYY LtMITS A GENERAL LIABILITY f X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-7_1 OCCUR Y Y ! PAS 37545150 2/09/2012 2/09/2013 EACH OCCURRENCE $ 2,000,040 A iA .7f E T RENTED Ea occurtence S 2,444,000 _EEEMLSE. MED EXP (Any one person) 5 14 444 PERSONAL & ADV INJURY $ 2,000, 444 GENERAL AGGREGATE 3 4,044,004 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOP AGG E 4.000.000 X POLICY PRO- ELOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMlT Ea acGdent BODILY INJURY (Per person) b ANY AUTO BODILY INJURY (Per accident) $ PRerOacEande DAMAGE a___✓____...� ALL OWNEDSCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS AUTOS ;;� ! $ UMBRELLA LNAS OCCUR EACH OCCURRENCE_ S __ AGGREGATE S EXCESS I." y CLAIMS -MADE DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS, ER AND EMPLOYERS' LIABILITY Y t N ANY PROPRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDENT S E.L. DISEASE • EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? T (Mandatory in NH) NIA EL, DISEASE • POLICY LIMIT $ If es, describe under DESCRIPTION OF OPERATIONS below ERRORS & OMISSIONS l PSA00023882 j 1/02/2012 1/02/2013 j $ 1,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (Attach ACORD 161, Additional Remarks Schedule, I more space Is required) Certificate holder, it's officers, agents and employees,are named additional insured with respects work performed by the named insured in accordance with the attached form CG 2010 07/04. Waiver of subrogation is included per the attached endorsement form. [Nyq."aS17Lefi1 CITY OF SAN RAFAEL 111 MORPHEW STREET P O BOX 151564 SAN RAFAEL CA 94915-1560 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUMD REPRESENTATIVE tcS 1t}RR.7nin Arr1Rn r'_171RPORATION. All rinhtsn raaarvnd ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Im POLICY #: PAS 37545150 Im COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR Is] :1c7-11 k, I V-111 t This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organ ization(s): City of San Rafael 111 Morphew Street P 0 Box 151560 San Rafael CA 94915 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for'bodily injury,", 'property damage" or .personal and advertising injury'. caused, in whole or in part, by: 1. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which The injury or damage arises has been Put to its intended use by any person or Organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 QJSO Properties, Inc., 2004 Page I of I IN Policy# PAS 37545150 M COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. :1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Rafael 111 Morphew Street P 0 Box 151560 San Rafael CA 94915-1560 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: I We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products -completed operations hazard". The waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page I of 1 0 General nsn AAA Northern Cafifornis, Nevada & Utah Insurance Exchange R0, 22221, ` Wand— u 194623-2221 MASOUD ERM ri 49 THUNDERBIRD DRIVE NV , CA 94949 S PIE AS ABOVE The Poficyidentifiled above is changed only as follawrs:: , The following pe=rson or organization' ears e' CITY OF seyzN W"YAEL Addre-ss- 111 M0RPHEV,,;1 STREET O BOX 151560 [z'+ SAN RAFAEEEL, TO BE COMPLETED WHEN THIS ENDORSEMENT IS ISSUED Wit be considered of insured oerson, under andsubject, to the er,.,s and condztrons s e,_ fie' m Rem G belavi 2 For an ad bone tre ,=xYns- art 3) J= the t ect yrS era._ru "ADDITIONAL D Ad✓ T:`xA_D Fft...USED t .T ; PART ONLY',eri. er 3,1 any other personor organization with respect oNy to a� .regi ,fY .o; acAs or o ssi r s of a, any per r3 ;__vexed and r this Partvmrleusinng your insured car, or `i you or any relative covered under this P rl while using any car or utflitytrailer other ?ria your insured car ff the car or utility trailer mv*£ r organotat,ron 3, Poor to cancellation of this policy, we wili give to the person or organization n s w. above 10 days notice ce of cancellation frj. non- pawment of pre nium. 20 days" ?once of ce3s':ceilab o . o, any afs..e.r r`^N"'ason or .apse F' th !.. o .,..s.. . .,..,.� ,_:s .` Xg r defined:€`i Policy is other terms, '�= '' If, 3e.� >.. X `: .,a; r of ..he Policy rem unchanged Confirmation f Liability Coverage AAA Members Car Polio AAA Northern Californian Nevada & Utah insurance Exchanae PO Box 22221 Oakand, CA 94623-222 06138 ,._ A 0 - 2012 Masoud Kermani Novato. C 9494 - Named Insured: same as above The policy o , orx bfl ansurarrce inu.-,Iudes the coveraces and limiter of ka l.t,; as shown beow_ The policy ;std expire on !',;-,e date showupe?,sks can,,celed by the in_tired os b y th Exchan'+ e prior thereto DESCRIPTION AUTOMOBILES¢ AWAKE YEAR t. MW 2008 _ S, 5 52492 LIABILITYG BODILY INJURY LIABILITY LRAITS OF LIABILITY Person, Eac , re r PROPERTY DAMAGE LWIT Ea -ch, Occurrence Im August 20, 2012 Mr. Nader Mansourian Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 Re: Proposal Disaster Grant Management Dear Mr. Mansourian: Im At your request, I am providing the Kermani Consulting Group (KCG)'s Statement of Qualifications and Proposal in accordance with the enclosed Exhibit "A". Please sign page 6 of the exhibit "X' and return a copy to us. As you are aware, KCG has worked with a number of Cities and Counties in the last fifteen years to assist with the cost recovery and the audit of various disasters. In particular, we have a close working relationship with local government agencies such as Marin County and Cities of Larkspur, San Anselmo, Pacifica and Brisbane. KCG is uniquely qualified to help the City of San Rafael for the following reasons: • Ability to maximize disaster recovery reimbursements KCG's extensive experience and its close long-term professional and personal relationship with the Federal Emergency Management Agency (FEMA) and the State California Emergency Management Agency (CalEMA) allow us to maximize the eligible disaster recovery reimbursements from FEMA and CalEMA. • Extensive experience KCG has nearly twenty one years of continuous full-time experience with numerous State and federally declared disasters, especially the Loma Prieta and Northridge Earthquakes, the 1998 El Nino and the 2005/2006 Storm disasters. KCG offers a multi -disciplinary team of qualified and highly experienced professionals, including technical experts. This City of San Rafael KCG Proposal August 20, 2012 Page 2 of 6 team has a strong track record of providing comprehensive services to local governments in the reimbursement of disaster response and recovery costs through the Public Assistance and the Hazard Mitigation Grant Programs administered by CalEMA and FEMA. The team has in-depth knowledge and experience with the Stafford Act, CFR 44, OMB A-87, the California Disaster Assistance Act (CDAA) and various Public Assistance guides and policies adopted by FEMA such as the Landslide Policy. • Close working relationship with CalEMA/FEMA staff We have had a professional and personal relationship with most of the CalEMA and FEMA staff in the last twenty one years. The firm's proximity both to the FEMA headquarters in Oakland and to the CalEMA office in Sacramento allows us to monitor the projects' progress and to expedite the funding approvals. • Large Number of Satisfied Clients KCG has been providing comprehensive consulting services to a large number of local governments for the last fourteen years. This includes the San Francisco International Airport, San Mateo County, the cities of Larkspur, Mill Valley, Paso Robles, Napa, Pacifica, Daly City, Brisbane and Millbrae, the Marin County Department of Public Works and Open Space District and the City and County of San Francisco (CCSF). In every case, KCG has maximized the disaster recovery dollars and also provided technical advice to the clients. We appreciate the opportunity to submit our proposal and look forward to working with you and the staff for a successful conclusion of the disaster cost recovery preparation. Please call me at (415) 883-3820 if you have any questions. Sincerely, Masoud N. Kermani, P.E. Enclosure: Exhibit "A" City of San Rafael KCG Proposal August 20, 2012 Page 3 of 6 EXHIBIT "A" City of San Rafael Disaster Cost Recovery Preparation A.l Proposed Scope of Services The consulting services will be provided to prepare and to organize the City of San Rafael (the City) for the future disaster declarations by the State California Emergency Management Agency (CalEMA) and Federal Emergency Management Agency (FEMA) to maximize the funding and to prepare the City for the audit of the obligated funds (Phase I). The scope of services will also include reviewing the files and the current status of the past disasters to provide recommendation to the City on how to address the outstanding issues and to incorporate the necessary changes for future declared disasters (Phase II). The scope of services will be performed in two phases. Some examples of the tasks that would be provided to the City for each phase are listed below: Phase I: 1. Review of the City's procedures to handle disasters. 2. Provide training to the City staff on the Public Assistance Disaster Programs and Cost Recovery. 3. Prepare procedures to document and list damaged sites before the declaration (Preliminary Damage Assessment). 4. Review and provide recommendation on the City's financial accounting set up to track and document expenditures. 5. Review of the applicable codes and standards to provide recommendation to adopt the appropriate standards before the disaster declaration. 6. Provide standard forms to document and track expenditures to maximize funding reimbursements. 7. Prepare forms to document contract and force account labor, equipment and material expenditures. 8. Prepare procedures and for adopt resolutions for emergency contracts. 9. Provide guidance on setting up project files. 10. Explain the Federal and State programs and funding structures including administrative allowance, etc. Im City of San Rafael KCG Proposal August 20, 2012 Page 4 of 6 Phase II: 1. Review the status of the open and closed past disasters. 2. Determine if there are any remaining funds at the State for the City. 3. Prepare the City with for audits by OIG or State Controller's office. 4. Review and provide recommendations on any correspondence and inquiries from the State CalEMA and FEMA. 5. Manage the Audits with the City, State Controller Office and Federal OIG. A2. Qualifications and Experience: Kermani Consulting Group (KCG) was 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 Emergency Management Agency (CalEMA), the Federal Emergency Management Agency (FEMA), and the Federal Highway Administration (FHWA). Masoud Kermani, president of KCG has a Masters Degree in Civil/Structural Engineering and is a registered civil engineer with over thirty years of experience in the field of civil engineering, disaster response, cost recovery, construction 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. In the past fifteen years, KCG has assisted a number of cities and counties with the disaster cost recovery of the sites damaged by the declared disasters such the floods of 1997, 1998, 2005 and 2006 and the San Simeon and Loma Prieta Earthquakes. In particular, KCG worked with CCSF OES from December 2000 to October 2005 on various sites damaged by the 1996 State disaster 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 of receiving. KCG also coordinated the response and the 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. KCG also worked with the County of Marin and City of Larkspur to manage the disaster recovery of the 2005/2006 storm disasters. The County had a total of 246 sites damaged as stated in the List of Projects submitted to CalEMA and FEMA and the City of Larkspur had 25 sites which included seven major landslides. As a result of KCG's efforts, a total of $10.5M has been obligated for both applicants. Recently, KCG has been working with the City of Pacifica to manage their audit of the disaster funds by the Office of Inspector General (OIG). KCG prepared complete project and financial files for the all projects and project work sheets requested by OIG. As of IM City of San Rafael KCG Proposal August 20, 2012 Page 5 of 6 ■ this date, all of the inquiries and requests for information by the auditors have been addressed and it appears that there will be no significant findings. KCG will draw upon the collective experience of diverse professionals to provide comprehensive consulting services to the City. All of the professionals selected to work on this project have extensive experience in disaster cost recovery management. A.3 Key Project Professionals The following Key Project Professionals will be available to work on the City's projects, as needed: ➢ Project Leader: Mr. Masoud Kermani, Professional Civil Engineer ➢ Project Manager: Mr. Charles Rabamad, Engineer ➢ Project Specialist: Mr. Andre Riazance, Program Specialist ➢ Project Fiscal Analyst: Ms. Cheryl Ridenour, CPA ➢ Project Program Analyst: Mr. Dwight Steeves, Auditor A.4 List of Major Clients and References City of Pacifica Mr. Van Ocampo DPW Director 650-738-3770 ii o �riArisn3c .. 11t fsa € 1an r .., 1=8 A City of Daly City Mr. Joseph Curran City Manager's Office 650-991-8126 mai ire oll n :: M Bb ntt°. Wcttiir; 4154 -6570 Marin County Open Space Dist. Mr. Ron Miska Assistant General Manager 415-473-6391 City of Millbrae Mr. Jeff Killian City Administrator 650-259-2338 �rnt1 - 407=,055{1 City of Napa Mr. Mark Prestwich Management Analyst 707-257-9520 l fnt r iionitl � 1 917 84 San Mateo County Mr. Bill O' Callahan Supervising Coordinator 650.-599-1294 Cit f lrialta ` ° . l : d a�11: ':. � ��iy pie 4l 5m5�2J 31 City of Larkspur Mr. Hamid Shamsapour DPW Director/City Engineer 415-927-5017 Im City of San Rafael KCG Proposal August 20, 2012 Page 6 of 6 A.5 Hourly Rate of Services: Im The following hourly fee schedule shall be charged to perform the consulting services plus actual cost for other expenses including travel. A rate of $0.50 per mile shall be charged when traveling using personal vehicle. It is expected that the hourly rate will also cover typical expenses such as software cost, software maintenance, shipping and insurance. Other expenditures, if needed, will be charged with prior approval from the City. Project Leader $160 Project Specialist $120 Project Program Analyst $100 A.6 Budget It is difficult to estimate the budget for the full scope of work at this time. It is however recommended that approximately $25K be budgeted to perform tasks listed in phase I of Section A.1. The consulting fees to perform the scope of work listed under Phase II will be performed based on an hourly basis as requested and authorized by the City. A.7 Compensation Consultant shall submit a statement of account, for the hourly professional services and the reimbursable expenses every two weeks. The payments shall be due within thirty (30) days of its receipt. Approved: Mr. Nader Mansourian Date: CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3<j DATE OF MEETING: October 15, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: October 9, 2012 TITLE OF DOCUMENT: RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH KERMANI CONSULTING GROUP (KCG) FOR DISASTER RECOVERY REIMBURSEMENT AND FEMA RELATED SERVICES Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: a k City Manager (signature) APPROVED AS TO FORM: LA X - City Attorney (signature) PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. StepResponsible EDepartment Description Completion Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and 5 City Manager I Mayor 1 or ire–e—rue—nt executed by Council authorized Department Head official. 6, City Clerk City Clerk attests signatures, retains original agreement and for -wards copies to the contracting department. To be completed by Contracting Department: -4 Project Manager: )-11a2;Z1 Project Name: Agendized for City Council Meeting of (if necessary): If you have questions on this process., please contact the City Attorney's Office at 485-3 ) 080. * Council approval is required if contract is over $20,000 on a cumulative basis.