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HomeMy Public PortalAbout2008-27 Approving Agreement between VKB and Adjusters International concerning FEMARESOLUTION NO. 2008-27 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE AND ADJUSTERS INTERNATIONAL, CONCERNING FEMA GRANT MANAGEMENT AND PUBLIC ADJUSTING ADVISORY SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to obtain the professional services of Adjusters International (the "Consultant") concerning the provision of specialized FEMA grant management and public adjusting services; and WHEREAS, upon the advice of the Village Attorney, the Village Council finds that the proposed services constitute professional services which are exempt from competitive bidding pursuant to Section 2-87(2) of the Village Code; and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and Village is in the best interest of the Village. NOW, THERFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Agreement Approved. That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement") between the Village and Consultant, in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authorized, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement the Agreement and this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 24th day of June , 2008. CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F RM AND LEGAL SUFFICIEN I VILLAGE A //g -,-- MAYOR ROBERT L. VERNON May 15, 2008 Genaro "Chip" Iglesias Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Subject: Proposal for FEMA Grant Management (On Call) and Public Adjusting Services Mr. Iglesias: Thank you for allowing Adjusters International (AI) to submit this proposal for FEMA Grant Management (On Call) and Public Adjusting Services to The Village of Key Biscayne (Village). This proposal document, dated May 15, 2008, when executed by both The Village and Adjusters International, will serve as a retainer agreement for a period of three years. During the three-year period, The Village, at its sole discretion, can activate Adjusters International subject to the terms of this agreement to perform some or all of the following tasks, including project worksheet formulation, pertaining to future or current federally declared disasters and any insured loss suffered: Approach and Scope of Work FEMA Public Assistance Consulting Services AI will provide The Village with services designed to help formulate project worksheets, maximize FEMA funding, expedite the process, and retain funds during project closeout and audit. The following bullets present the services that are available under this engagement. Grant Management Tasks: • Provide general grant management/project worksheet/grant advice • Assist in the development of a disaster recovery team • Assist in the development of a comprehensive response/recovery/mitigation strategy • Provide advice to disaster recovery team as appropriate and participate in meetings • Prepare draft correspondence to State and FEMA as necessary ADJUSTERS INTERNATIONAL® www.adjustersinternational.com 1-800-382-2468 Eligibility Tasks: • Review eligibility issues, and work with The Village to develop justifications for project worksheet/grant presentation to FEMA and the State • Assist The Village in developing approach to filing and tracking costs • Review contracts and purchasing documentation • Review documentation prepared by departments • Assist in capturing and summarizing eligible costs for project worksheets/grants • Assist The Village departments with compiling and summarizing Category A through G costs for presentation to FEMA and the State • Assist The Village to prepare project worksheets for small, large, improved, and alternate projects based upon information provided by departments • Attend meetings with The Village, State and FEMA to negotiate individual Project Worksheets, and to resolve related issues as needed • Provide oversight to departments having difficulty with their project worksheets • Assist in determining if any eligible damages have not been quantified and presented to FEMA and the State • Work with The Village to resolve disputes that may arise • Address issues related to inter -agency funding conflicts • If The Village disagrees with FEMA determinations, assist to strategize and write appeals • When The Village has completed all projects and drawn down reimbursement for all eligible costs, assist with finalizing preparations for State/FEMA final inspections and audits, and participate in exit conferences with State/FEMA Engagement Management Tasks: • Prepare program management plan • Prepare weekly reports • Attend status meetings Because of the nature of federal funding, AI can make no guarantees concerning the amount of funding the Village will receive from FEMA. Staffing An assigned project manager will serve as engagement leader and perform the tasks outlined above, taking direction from The Village's designee. Other AI consulting staff will provide support as required. ADJUSTERS INTERNATIONAL, www. adj ustersinternational. com 1-800-382-2468 • Planning, Response, and Training AI will also offer the following services: • On -site strategic and operational support for Emergency Management • Comprehensive Emergency Management Planning & Assessment • Hazard Mitigation and continuity of operation planning • Strategic Deployment & Response Support • National Incident Management System (NIMS) assessments, planning & training • Incident Command & Control Training — ICS 100, 200, 300, 400, 401, 402 • Fire, EMS, Emergency Management & Private Sector Training & Education • In-service hands-on, seminars, tabletop, full-scale exercises, training for management & staff • Additional Response and Debris Monitoring services as requested and agreed to by both parties Insurance Adjusting Services: Property Damage: Building • Investigate and analyze all "on -site" property damage to the building • In accordance with policy requirements, prepare details of the loss, using replacement costs and actual cash values where applicable • Calculate appropriate depreciation where necessary • Prepare all valuations necessitated by coinsurance provisions (if required) • Prepare a concise, detailed, well -documented claim • Recommend to management actions that will mitigate the loss Contents & Stock • Investigate and analyze all "on -site" property damage to the contents, including stock, supplies, furniture, fixtures, machinery, equipment, improvements and betterments, computer systems, etc. • In accordance with policy requirements, prepare details of the loss, using replacement costs and actual cash values where applicable • Calculate appropriate depreciation when necessary • Prepare all valuations necessitated by coinsurance provisions (if required) • Prepare a concise, detailed, well -documented claim ADJUSTERS INTERNATIONAL® w w w. adj us tersinternationa 1. com 1-800-382-2468 Time Element Coverage Business Interruption (if applicable) • Advise management on how to start collecting and developing information (e.g., track impact of loss through the general ledger accounts for extra costs, inefficiencies of operation and payroll for those not working) • Determine the appropriate period of suspension, total or partial • Determine sales projected or the sales value of production • Determine cost of sales/production in compliance with insurance policy definitions • Determine claim limitations (actual loss sustained) • Determine and evaluate discontinued (saved) expenses • Determine expediting expenses; expenses related to reducing the loss • Instruct management on actions that will mitigate the loss • Determine values for coinsurance compliance (if necessary) • Prepare financial projections for the period of suspension and perhaps beyond • Prepare for submission a business interruption valuation claim, supported by multiple schedules • Provide total business interruption claim management to ensure consistency with the property portions of the claim Extra Expense • Analyze and advise management on extra expenses that are necessitated and recoverable under the insurance provisions • Coordinate tracking or extra expense items to ensure collect ability • Determine excess expenses over normal expenses • Continue to track recoverable extra expenses during an extended period of indemnity, if available under the insurance program • Integrate the extra expense claim with the property damage claim • Present and support the claim The Village Responsibilities To assist AI in completing the various work tasks described, if activated, the Village may need to assemble and provide the following information and resources: • A central contact person • A Village organization chart, together with a list of names, roles, and phone numbers of personnel involved in FEMA grant management/insurance claim(s) • Access to all relevant disaster -related files and insurance policies ADJUSTERS INTERNATIONAL® www.adjustersinternational.com 1-800-382-2468 ylk " Access to knowledgeable individuals who can answer questions and assist in obtaining additional information, including engineering staff, finance staff, accounting staff, and grant management staff " Available written explanations of how the Village calculates its fringe benefit and indirect cost rate " Sample cost summaries " Written grant management guidelines and other correspondence from the State or FEMA " A work area, such as a conference room, including access to phone, Internet, and copier The Village shall pay the Consultant according to the following Compensation and Schedule FEMA, Response and Recovery Consulting AI proposes to perform all FEMA consulting, planning, response, and training engagements on a time -and -expense basis, which is invoiced monthly. AI's compensation will be a function of the type of expertise provided to the Village based on the tasks requested by the Village and as generally outlined under this proposal. The following table presents Adjusters International's FEMA consultation fully burdened rates by position for representing the Village as an Applicant. Hourly Rate Project Manager $290 Administrative $110 Consultant/Engineer/Environmental $220 Project Officer  PW writer $160 Trainer $175 Airfare is not included in the burdened rates and will be billed separately. Professional fees and expenses will be invoiced on a monthly basis. Because of AI's timekeeping system, some invoices may be for periods of less or more than thirty days. As this is a time and expense engagement, The Village has the ability to decide which tasks AI will assist them with. Consequently, the overall cost of this engagement is at all times subject to the Village's desired level and length of AI's service. AI will provide weekly progress reports to the Village as appropriate. These reports will serve as the support for bi-weekly progress invoicing. ADJUSTERS INTERNATIONAL� www.adjustersinternational.com 1-800-382-2468 Public Adjusting AI proposes to provide public adjusting services on a contingency basis. The benefits to The Village of using an incentive -based fee are (1) there are no out-of-pocket expenses, thereby increasing cash flow at a time when revenues are reduced, and (2) it allows our team to earn our fees based on our success. Our fee for service is 10 percent of the net recovery after deductible (or a negotiated stepped fee). AI will absorb all expenses related to the preparation and presentation of the claim. This does not include any legal fees, should they become necessary. Our fee is due when the insurance proceeds are received by The Village. Thank you again for this opportunity to assist the Village. If you have any questions or concerns, please contact me at 315-415-2963 (mobile). Sincerely, teait----:-2— John Marini Vice President ADJUSTERS INTERNATIONAL® www.adjustersinternational.com 1-800-382-2468 AGREED TO AND APPROVED BY Village of Key Biscayne, Florida BY (NAME): SIGNATURE: TITLE: V DATE: