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HomeMy WebLinkAboutAGMT - The Martinet Group, LLC (Disaster Cost Recovery)PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH 03053 415-500-5255 This Professional Services Agreement ("the Agreement") is made as of March 30`h 2020 (the "Effective Date"), by and between The Martinet Group, LLC ("Consultant'), a sole proprietor, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 57296-0001\2213008v2.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services by virtue of its experience and the training, education and expertise of its principals and employees, and the City enters this Agreement in reliance thereon. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A (The Martinet Group, LLC — Disaster Cost Recovery Consulting Proposal for the City of Seal Beach"), which are hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant warrants that it possesses the professional expertise necessary to perform the Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2of12 57296-0001\2213008v2.doc 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 1 (one) year unless previously terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation As full and complete compensation for Consultant's services provided under this Agreement, City shall pay Consultant a hourly fee for service contract with an hourly rate of $225.00, billed in 10ths of an hour (6 (six) minutes minimum, in increments of not less than 6 (six) minutes. The total cost "NOT -TO -EXCEED" amount of $5,625.00, in accordance with the Disaster Cost Recovery Consulting Proposal for the City of Seal Beach (Exhibit A). No claims for additional compensation shall be allowed unless authorized in advance by City in writing. Any additional work authorized by City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. City shall make payment for additional services and expenses in accordance with Section 4.0 of this Agreement. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed portions of the invoice within 30 days after receipt. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. b791iCa7'iTtirtt6T 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 3of12 57296-0001\2213008v2.doc 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. If the Agreement is terminated by City, and provided Consultant is not then in breach, Consultant shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and Consultant shall have no other claim against City by reason of such termination. 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Mike Martinet is Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH 03053 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is retained by City only to the extent set forth in this Agreement, and Consultant's relationship to City is that of an independent contractor and not an employee of City. Consultant shall be free to dispose of all portions of Consultant 's time and activities that Consultant is not obligated to devote to City in such a manner, and to such persons, firms or corporations, as Consultant sees fit except as expressly provided in this Agreement. All services 4of12 S7296-0001 \2213008v2.doc provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall not, at any time, or in any manner, represent that it or any of its principals, officers, agents or employees are in any manner agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8.0. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. All certificates and endorsements shall be received and approved by City before 5of12 S7296-0001\2213008v2.doc work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant's insurance and shall not be called upon to contribute with it, (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on 6of12 S7296-0001\2213008v2.doc the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and City agree that City, its elected officers, employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorney's fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City and the Indemnitees. Consultant acknowledges that City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protect City and the Indemnitees, as set forth in this Agreement. 12.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 12.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 7of12 S7296-000112213008v2.doc 12.2. Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees (as defined in Section 12.1)from and against any and all claims, demands, causes of action, costs, expenses, proceedings, judgments, penalties, liens, liability, loss, damage or injury, of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 12.3. The obligations of the Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. The Consultant's indemnity obligation set forth in this Section 12.0 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. 12.4. Consultant's covenant under this Section 12.0 shall survive the expiration or termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Compliance With Laws 8of12 S7296-0001\221300M.doc In the performance of the work required by this Agreement, the Consultant shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the City's Municipal Code, ordinances, regulations and policies. 15.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 16.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 17.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 18.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 19.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 20.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 21.0 Prohibited Interests; Conflict of Interest 21.5. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or 9of12 S7296-0001\2213008v2.doc which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 21.6. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 21.7. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 22.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 23.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 24.0 Corporate Authority 10 of 12 S7296-0001�221300M.doc The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Atte: By: CONSULTANT Name:�l� C /Yl LCA <��f" Its:/ By: Name: Approved as to Fo Its: By: raig . Steele, City Attorney 11 of 12 s7296-00011221 3MM.dog +OF SEA(Bf9 City of Seal Beach li r5 serving with Pride since 1915 �4(IFONNFP Date: April 2, 2020 To: Finance Director Kelly Telford From: Commander Michael Ezroj Subject: Disaster Cost Recovery — The Martinet Group, LLC - COVID-19 Memorandum The purpose of this memorandum is to memorialize the action of contracting with The Martinet Group, LLC. The City Manager will execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with The Martinet Group, LLC, in relation thereto. During this State of Emergency, the City of Seal Beach, through the Seal Beach Police Department, will enter into a service agreement between the City of Seal Beach and The Martinet Group, LLC., for Disaster Cost Recovery consulting services related to the COVID-19 pandemic. Mike Martinet from The Martinet Group, LLC., is a sole source provider for this service. This memo will allow the City Manager to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with The Martinet Group, LLC, in relation thereto. The cost associated for this process is listed as: This is an hourly fee for service contract with a hourly rate of $225.00, billed in 10ths of an hour (6 (six) minutes minimum, in increments of not less than 6 (six) minutes. The cost for the entire program is not to exceed $5,625.00, under this proposal. A brief back ground on The Martinet Group LLC, and Disaster Cost Recover is listed: Catastrophic disasters are a continuing threat throughout California, and occur on an irregular cycle, which can devastate large areas throughout the City. Following such Presidentially declared disasters, the Federal Emergency Management Agency (FEMA) provides local government agencies with financial assistance through the Public Assistance program, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. While the stated objective of the Public Assistance program is to assist local governments to financially recover from the effects of disasters, the program has extremely complex regulations that often result in specific recovery projects being denied funding by FEMA. And years later, the Department of Homeland Security, Office of the Inspector General (DHS -OIG) can further substantially reduce whatever financial assistance local government agencies received when they audit projects completed by these same agencies. Multi-million dollar audit "take -backs" are not uncommon in these audits. The greatest single risk for FEMA deobligations and DHS -OIG audit findings is the failure of a local government agency to comply with the Federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200. The second greatest risk comes from insurance and risk management related issues as explicated in FEMA's Public Assistance Policy on Insurance, Recovery Policy FP 206-086-1. Most local government agencies are completely unaware of how these regulations put Federal grant funds at risk following disasters. A fundamental flaw exists in how local government agencies perceive FEMA's Public Assistance process. Many agencies focus virtually all of their attention on tracking the costs for the emergency response phase of a disaster, the first one or two weeks from the onset of an event. But in fact, approximately 80% of the costs of a disaster occur AFTER the "emergency" phase is over. Most of these post -emergency phase costs are managed by government staff other than first responders, i.e., the financial staff, procurement personnel, risk managers, project managers, etc. These personnel seldom If ever receive appropriate training in the unique aspects of disaster cost recovery grant management. And managing disaster recovery grants is substantially different than the management of other "day-to-day" non -disaster Federal grants. Furthermore, the Federal regulations continually change. Since Hurricane Sandy devastated parts of New York and New Jersey in 2011, the Federal government has issued well over a dozen major program changes that further frustrate even the best efforts of local government agencies. Many, If not most of these financial losses are avoidable when local government agencies have effective plans and procedures in place to manage these FEMA Public Assistance grants. There are occasionally DHS -OIG audits with zero dollar findings, that is, when the local government agency complied with Federal regulations and effectively managed their disaster assistance grants. It is therefore imperative that local government agencies have effective disaster grant management plans in place; have pre -established administrative disaster grant management processes; and have a pre -selected disaster cost recovery team identified and well-trained in order to avoid these all too common multi-million dollar deobligations and audit findings. Having both strategic and tactical cost recovery plans, regulation compliant procedures and effective staff training are essential to avoid FEMA deobligations and DHS -OIG audit findings, which can run into the tens of millions of dollars for a single agency on a given disaster. The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH 03053 415-500-5255 Point of Contact: Mike Martinet mike[a)themartinetgroup.com March 25, 2020 Disaster Cost Recovery Consulting Proposal For the City of Seal Beach PROGRAM BACKGROUND Catastrophic disasters are a continuing threat throughout California, and occur on an irregular cycle which can devastate large areas throughout the City. Following such Presidentially declared disasters, the Federal Emergency Management Agency (FEMA) provides local government agencies with financial assistance through the Public Assistance program, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. While the stated objective of the Public Assistance program is to assist local governments to financially recover from the effects of disasters, the program has extremely complex regulations that often result in specific recovery projects being denied funding by FEMA. And years later, the Department of Homeland Security, Office of the Inspector General (DHS -OIG) can further substantially reduce whatever financial assistance local government agencies received when they audit projects completed by these same agencies. Multi-million dollar audit "take -backs" are not uncommon in these audits. The greatest single risk for FEMA deobligations and DHS -OIG audit findings is the failure of a local government agency to comply with the Federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200. The second greatest risk comes from insurance and risk management related issues as explicated in FEMA's Public Assistance Policy on Insurance, Recovery Policy FP 206-086-1. Most local government agencies are completely unaware of how these regulations put Federal grant funds at risk following disasters. A fundamental flaw exists in how local government agencies perceive FEMA's Public Assistance process. Many agencies focus virtually all of their attention on tracking the costs for the emergency response phase of a disaster, the first one or two weeks from the onset of an event. But in fact, approximately 80% of the costs of a disaster occur AFTER the "emergency" phase is over. Most of these post -emergency phase costs are managed by government staff other than first responders, i.e., the financial staff, procurement personnel, risk managers, project managers, etc. These personnel seldom If ever receive appropriate training in the unique aspects of disaster cost March 25, 2020 1 CAllsersWikelDropboxVMartinet Group LLC@020 Filing System@020 City of Seal Beach - Covid-lgTroposals@020 Covid-19.wpd recovery grant management. And managing disaster recovery grants is substantially different than the management of other "day-to-day' non -disaster Federal grants. Furthermore, the Federal regulations continually change. Since Hurricane Sandy devastated parts of New York and New Jersey in 2011, the Federal government has issued well over a dozen major program changes that further frustrate even the best efforts of local government agencies. Many, If not most of these financial losses are avoidable when local government agencies have effective plans and procedures in place to manage these FEMA Public Assistance grants. There are occasionally DHS -OIG audits with zero dollar findings, that is, when the local government agency complied with Federal regulations and effectively managed their disaster assistance grants. It is therefore imperative that local government agencies have effective disaster grant management plans in place; have pre -established administrative disaster grant management processes; and have a pre -selected disaster cost recovery team identified and well-trained in order to avoid these all too common multi-million dollar deobligations and audit findings. Having both strategic and tactical cost recovery plans, regulation compliant procedures and effective staff training are essential to avoid FEMA deobligations and DHS -OIG audit findings which can run into the tens of millions of dollars for a single agency on a given disaster. THE MARTINET GROUP, LLC, COMPANY BACKGROUND AND EXPERIENCE: Mr. Martinet has over 30 years experience in emergency management and disaster planning as a local government emergency manager. He worked for a small California city as the Emergency Services Coordinator for nearly six years. He then served as the Executive Director for the "Area G" Disaster Management agency, a consortium of 14 cities in the South Bay region of Los Angeles County, California for sixteen plus years, representing 750,000 people. Mr. Martinet finished his career as the Emergency Planning Manager for the Controller's Office for the City and County of San Francisco for two plus years. Since his retirement from government service, in 2013, he has focused exclusively on assisting local government agencies with disaster cost recovery training, planning and cost recovery response consulting. He is the founder and current Chair of the Disaster Cost Recovery Caucus for the International Association of Emergency Managers. He has been providing disaster cost recovery training programs for 20 years to local government agencies and staff in California, and 14 other states. Mr. Martinet has experience with numerous disaster responses, including Presidentially declared disasters in the California Winter Floods of 1995; the crash of Alaska Airlines Flight 261 in 2000; and the San Diego Wildfires of 2003. More recently he assisted government agencies with their cost recovery efforts for the 2013 Rim Fire; the 2014 church 25, 2020 2 C:uJuua.tike\Dropl,oz\MaNnet GroupLLC12020 Filing Syshem12020 City of Seal Beach -Covid-19\Pmposals12020 Covid-19.wpd Napa Earthquake; the 2015 Rocky and Valley Fires; two California floods in 2017; the Sonoma County Firestorm of 2017; and the historic 2018 Camp Fire in Butte County, CA. These events were all Federally declared disasters. Mr. Martinet has developed a series of customized workshops for local government agencies and colleges and universities designed to enhance the disaster cost recovery capabilities of local government agencies of all sizes. The workshops cover the disaster cost recovery and financial aspects of: 1. Comprehensive Disaster Cost Recovery Planning 2. Purchasing Compliance with Federal regulations 3. Pre and Post -Disaster Photo Documentation 4. Debris Management (including Debris Management Plans, Debris Management Contracting, Debris Monitoring Plans, Debris Monitoring Contracts, Right of Entry Waivers, and Debris Insurance Cost Recovery Planning) 5. Cost Recovery Work and Activity Documentation 6. Information Work Process Flow 7. Financial Aspects of Damage Assessment Planning 8. Insurance and Risk Management for Disaster Cost Recovery 9. Disaster Pay / Employee Feeding and Housing Issues 10. Volunteers, Donations and Victim's Services 11. Legal Issues for Disaster Cost Recovery (Real Estate Contracts, Insurance and Donations) 12. Creating Project Worksheets for Small Projects Mr. Martinet is a Certified Emergency Manager through the International Association of Emergency Managers (IAEM). He served for six years on the IAEM Certified Emergency Manager Commission. He holds a Master of Science degree in Emergency Services Administration from California State University at Long Beach, CA. He is the past Vice -President of the IAEM Region IX and is a past member of the IAEM Global Board. He also served on the National Fire Protection Association's Technical Committee on Standard 1600, the Standard for Emergency/Disaster Management and Business Continuity. He has written articles on disaster cost recovery for the IAEM Bulletin; Emergency Management, the online trade publication; the magazine of the California Society of Municipal Finance Officers (2017); the Journal of the Association of Government Accountants (2019); and the U.K. based Journal of Business Continuity & Emergency Planning(2019), and the NACo monthly magazine(2019). He is a frequent speaker at state and national conferences. SCOPE OF WORK The Martinet Group, LLC, proposes to provide disaster cost recovery consulting services (remote, via telephone) for the City of Seal Beach (City) to provide guidance for the Covid-19 (Corona Virus) response. Merch 25, 2020 3 C.XVw AMlke1DropbozlMaNnet Group LLC12020 Filing Sys1enV020 City of Seal Beach- Covi6lffioposals12020 CoviG19.wp0 COST This is an hourly fee for service contract with a hourly rate of $225.00, billed in 10ths of an hour (6 (six) minutes minimum, in increments of not less than 6 (six) minutes. The cost for the entire program is not to exceed $5,625.00, under this proposal. On- site work, If required is billed according to the accompanying rate sheet, effective January 1, 2020. This proposal covers not more than 25 hours of remote telephonic support. This proposal is valid for 90 calendar days from the date issued. Force Majeure Clause: Due to the nature of the Martinet Group's disaster related work with existing clients, a major disaster may make it necessary to delay or reschedule work under this contract. Accepted by: Print Name: Date: T itle: Mar<G 25, 2020 4 C1Usera Mike\DropboxWaronet Group LLCM 020 Filing Syslerh2020 City of Seal Beach- Covid-19TropO5a1512020 CONd-19.wpd 4corr�� CERTIFICATE OF LIABILITY INSURANCE 4/D16/2M02�0 Y) 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: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 MARIE MILLIMAN INSURANCE AGENCY INC 16516 Bernardo Center Dr #150 San Diego, CA 92128 0284132 CONTACTMarie Mllllman arAONEFAX (858)487-9200 858-748-8503 EMAIL s a .mTtu >_man armersagency.com INSURERS AFFORDING COVERAGE NAIC% INRER.Truck Insurance Exchange 21709 INSURED Martinet, Group, Llc. 2493 Trenton Drive, San Bruno, CA 94066INsuRER (415)500-5255 INSURERS: Farmers Insurance Exchange 21652 INSURERG:Mid Century Insurance Company 21687 D: Axis Pro MEL Solution 37273 N RERE INqLJRFRF COVFRAGFS CFRTIFICATF NUMBER: 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. 211 TYPE OF INSURANCE INSD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P YN R MMI�DYIVYYY MMILDDNYVV LIMITS F2 illif AUTHORIZED REPRESENTATIVE�� . X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 GLAIMS MADE El OCCUR PREMISE Ea occurrence)S 75,000 MED EXP (Anyone Person)5 5,000 [L" Y N 605509182 01/09/2020 1/a9/zo21 PERSONAL B ADV INJURY s 2,000,000 GEN IF AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE , 4,000,000 X POLICY PRO - ECT � LOC PRODUCTS COMP/OPAGG s 2,000,000 OTHERS COMBINED SINGLE LIMIT S rEaaddidemb BODILY INJURY(Par person)$ CAUTOS HOMOBILELIABILITY ANYAUTO OWNED SCHEDULED ONLYAUTOS 605509182 D1/a9/2ozo i/09/2021 BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accitlenl HIRED NON -OWNED AUTOS ONLY x AUTOS ONLY S UMBRELLA LIABOCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE OED I I RETENTIONS WORKERS COMPENSATION PER OTH- AND EMPLOYERS 'LIABILITY YIN ANV PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT S OFFICEWMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE S (Mandator, in NH) Ryes, descnEeunder DESCRIPTION OF OPERATIONSIour. EL DISEASE POLICYLIMIT D E&O MCN000029261801 asps/za19 s/1s/zozo $1,000,000 Claims Made -Policy DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES UGORD 101, Additional Remarks Schedule,may Le allachedd more space is required) The Cit of Seal Beach is listed as an additional insured on policy # 605509182 3715 Sandpoint Ct Carlsbad,CA 92010 CFRTIFICATF HOI nFR CANCEL I ATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8th St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 F2 illif AUTHORIZED REPRESENTATIVE�� . © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605509182 E4277 2nd Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Effective Date of Change: 04/14/2020 Change Endorsement No.: 1 Named Insured: MARTINET GROUP LLC The following item(s): Expiration Date: 01/09/2021 Agent: 99-84-27M is (are) changed to read (See Additional Page(s)): The above amendments result in a change in the premium as follows: NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM IVAT AUDIT $ $ Authorized Representative Signature: 91-4277, 2nd Edition 09/02 Includes Copyright material, © ISO Properties, Inc., with its Page 1 of 2 permission. Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Insurance is (are) changed to read (See Additional Page(s)): The above amendments result in a change in the premium as follows: NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM IVAT AUDIT $ $ Authorized Representative Signature: 91-4277, 2nd Edition 09/02 Includes Copyright material, © ISO Properties, Inc., with its Page 1 of 2 permission. POLICY CHANGES Add Additional Interest - Additional Insured-J7239-ED1 Owners, Lessees or Contractors CITY OF SEAL BEACH 211 8th St Seal Beach, CA 90740 Location: 3715 SANDPOINT CT CARLSBAD, CA 92010 REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, PERMIT you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each loca- tion bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. 91-4277, 2nd Edition 09/02 Includes Copyright material, © ISO Properties, Inc., with its Page 2 of 2 permission.