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PR 19486: AGREEMENT WITH ADJUSTERS INTERNATIONAL, DISASTER RECOVERY SERVICES
City of ort Texas INTEROFFICE MEMORANDUM Finance Department Date: August 17, 2016 To: Brian McDougal, City Manager From: Jerry W. Dale, Finance Director RE: PR 19486 Nature of the Request: The closeout of the FEMA grant related to Hurricane IKE is scheduled for September 30, 2016. There remains $3M that has not been reimbursed to the City The pass- thru agency, Texas Dept. of Emergency Management (TDEM), has given indications that it will recommend that FEMA not reimburse all or part of the $3M balance at a minimum with the possibility that the City be required to pay back some of the amounts previously reimbursed to the City. In addition, Pleasure Island incurred disaster recovery costs of$2.5M, which has not been reimbursed by TDEM. Staff Analysis, Considerations: The City is in need of the professional services of a firm, competent and effective in dealing with the FEMA rules and regulations in order to maximize the recovery of funds and avoid repayment. The City has requested quotes from 3 firms. Recommendation: Based upon review of the proposals submitted, Staff recommends that a contract be awarded to Adjusters International, Inc. for the performances of these services. Budget Considerations: The not-to-exceed cost of this contract is $50,000, which will require a companion appropriation ordinance. "Remember we are here to serve the Citizens of Port Arthur" P.O BOX 1089 PORT ARTHUR,TEXAS 77641-1089•409/983-8100 www.portarthur.net P.R. No. 19486 08/16/16 cew Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADJUSTERS INTERNATIONAL OF UTICA, NEW YORK, FOR DISASTER RECOVERY SERVICES OF FEMA FUNDS AND TO AVOID REPAYMENT OF FUNDS PREVIOUSLY REIMBURSED TO THE CITY OF PORT ARTHUR, IN THE NOT-TO- EXCEED AMOUNT OF $50, 000 . 00; FUNDING IN ACCOUNT NO. 001-1003-512 . 59-00 . SPECIAL PURPOSE FUND WHEREAS, the closeout of the FEMA grant related to Hurricane Ike is scheduled for September 30 , 2016 ; and, WHEREAS, Texas Department of Emergency Management indicated that FEMA should not reimburse the City $3 , 000, 000 ; and, WHEREAS, the City may have to pay back some money that was reimbursed to the City; and, WHEREAS, Texas Department of Emergency Management has not reimbursed Pleasure Island $2 , 500, 000; and, WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a firm competent and effective in dealing with FEMA rules and regulations in order to maximize the recovery of funds and avoid repayment; and, WHEREAS, three (3) companies provided rates sheets and information about their firms as delineated in Exhibit "A" ; and, P.R. No. 19486 08/16/16 cew Page 2 of 4 WHEREAS, Finance has reviewed the submitted information and has determined that Adjusters International is the most reasonably qualified company, since they have also provided their service to other government agencies in the Jefferson County Area; and, WHEREAS, the City desires to enter into an agreement with Adjusters International, Inc . , in a not to exceed amount of $50, 000 . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is hereby authorized to enter into an agreement with Adjusters International, Inc . , in substantially the same form as attached as Exhibit "B" . Section 3 . That the execution of the contract is contingent upon the approval of Proposed Ordinance No. 6579, on the agenda. Section 4 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . P. R. No. 19486 08/16/16 cew Page 3 of 4 READ, ADOPTED AND APPROVED on this day of August, A.D. 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmembers NOES: DERRICK FREEMAN, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: /4(/ i L / ) VALECIA e . TIZENO, CITY A TORNEYar APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER P. R. No. 19486 08/16/16 cew Page 4 of 4 APPROVED AS TO AVAILABILITY OF FUNDS: /2412"24/, )410-e - JERRY DALE, CGFO/CPA FINANCE DIRECTOROO l%��) WNP-11W-AL CLI ON WILLIAMS, CPPB ACTING PURCHASING MANAGER EXHIBIT "A" ADJUSTERSResponse to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX INTERNATIONAL 5. Pricing John Rigling Consultant $185.00 75 $13,875.00 Greg Consultant $185.00 0 $0.00 Steve Specialist $155.00 75 $11,625.00 *The above rates do not include expenses,which will be billed by Al to Port Arthur at GSA/State rates at actual cost with no markup. If an all-in rate is preferred by Port Arthur,Al will add$37/hour to the above rates(for onsite work)to incorporate all expenses as broken down by the following table: Travel Expenses per Hour Worked Expense Hotel Per Diem Local Car Fuel Flight Parking Daily Cate•o Daily Incidental Rental . Total Amount per 102.35 51.00 28.24 8.00 9.51199.11 Day Daily Total= $199.11 Days per Rotation= 28 Expenses per Rotation= $5,575.03 Total Hours per Rotation= iso Expenses per Hour= $37.17 Adjusters International, Inc. 16 Fully Loaded Rate Sheet Fully Loaded Estimated Position Hourly Rate Project Hours Total Cost Principal $ 150.00 20 $ 3,000.00 Project Manager $ 140.00 60 $ 8,400.00 Senior $ 125.00 150 $ 18,750.00 Estimated Total Cost $ 30,150.00 I. Company Profile Project and Vendor Management Advisors, LLC (PVMA) is a Houston based management consulting company that provides disaster recovery grant management, financial reimbursement, and compliance auditing services to the public and private sector. PVMA is a certified State of Texas HUB, federal Woman-Owned Small Business, and HUBZone certified company. Our team has provided over 10 years of disaster recovery reimbursement services to municipalities, state and federal government agencies following several large-scale disasters in multiple states. Since 2005, PVMA's seasoned professionals have been on the front-line providing long-term disaster response services for communities around the United States and its U.S.territories. Services include compliance with the Stafford Act, 2 CFR § 200,44 CFR,Subchapter D—Disaster Assistance, and other federal, state and local laws, regulations, and ordinances. Our team brings a depth of experience in the disaster response and recovery industry from providing the following federal Public Assistance Grant Program services: • Accounting, Budgeting, Forecasting, and Financial Reporting • Financial Reimbursement through the Stafford Act • Project Worksheet Development • Grant Administration and Compliance • Appeals Management • Close-Out Procedures • Documentation Management • Audit Preparation II. Disaster Recovery Grant Management and Financial Reimbursement Capabilities and Qualifications The PVMA team has over ten (10)years of delivering services pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act(Stafford Act)for both the Public Assistance program and Individual Assistance program. 3 CB&I Rate Sheet Position Hourly Rate Project Manager 165.00 Sr. PA Consultant 150.00 PA Consultant 125.00 406 Hazard Mitigation Specialist 145.00 Alternate/Improved/Consolidated Specialist 145.80 CEF Specialist 140.00 Environmental Specialist 145.00 Historic Preservation Specialist 145.00 NF|P/|nsurance5peda|ist 160.00 Procurement Specialist 13000 v« ��y '' / �~' EXHIBIT "B" CONTRACT FOR DISASTER RECOVERY SERVICES THIS AGREEMENT, made this day of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Adjusters International Inc., a(n) Corporation herein after called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from the date stated on the Notice to Proceed until completion. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in bid document. 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 3) Specification 4) Bid 5) Notice of Award 6) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first written above. Page 1 of 2 Signed on the day of , 2016. CITY OF PORT ARTHUR BY: Brian McDougal, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2016. ADJUSTED INTERNATIONAL, INC. BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: Page 2 of 2 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Title Page Response to RFP P16-054 for Disaster Recovery Grant Management and Administration Services for the City of Port Arthur, TX Due: August 1 5th, 2016 Submitted to City of Port Arthur Purchasing Division Clifton Williams, Acting Purchasing Manager 2nd floor, City Hall Port Arthur, Texas Submitted by Adjusters International, Inc. 126 Business Park Drive Utica, NY 13502 Phone: 800-382-2468 315-797-3035 Contact Person: John Marini President& Chief Executive Officer 315-415-2963 cell jmarini®a adjustersinternational.com Adjusters International, Inc. 1 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur, TX Table of Contents Title Page 1 Table of Contents 2 1 . Cover Letter 3 2. Experience of 3. Methodology 11 4. References 13 5. Pricing 16 6. Forms 1 7. Resumes 16 Adjusters International, Inc. 2 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 1 . Cover Letter June 16th, 2016 City of Port Arthur Purchasing Division Clifton Williams,Acting Purchasing Manager 2nd floor,City Hall Port Arthur,Texas Dear Mr.Williams, Adjusters International, Inc.(Al)appreciates the opportunity to present our proposal in response to the City of Port Arthur regarding the solicitation for Disaster Recovery Grant Management and Administration Services. The State of Texas was heavily impacted by Hurricane Ike and Rita in September of 2008 and 2005. Since that event,the State has made considerable progress recovering from the long-term impacts that such a disastrous event can cause. Al understands that the total economic impact to Jefferson County was estimated to be$11.9 billion. Due to our expertise and local experience,we are confident in our ability to maximize federal reimbursement;providing necessary relief to the City from the financial burden it has suffered due to the event. While we are headquartered in Central New York,Adjusters International has provided similar services to local governments throughout Texas and maintains offices in Austin, Dallas and Houston. We feel strongly that our team is uniquely suited to assist the City with this scope of work: • Local Knowledge with Expert Staff: Our staff has a strong understanding of the area while also being experts in the FEMA Public Assistance(PA)Program. Our local knowledge will ensure that time is not wasted educating out of state contractors on local issues. We have provided consulting and management services for multiple streams of post-disaster funding and insurance issues in the State, ensuring compliance with all programs.Our team has been actively engaged in the largest recovery operations in the country, including Hurricanes Katrina and Sandy,as well as Hurricanes Ike and Rita in Texas.Al is therefore up-to-date on the latest FEMA guidelines and policies. • Relationships at State and Federal Level: AI has strong relationships with the Texas Division of Emergency Management, FEMA Region VI,and FEMA Headquarters. These relationships will be critical to the City to expedite reimbursements as well as resolve issues associated with disputed and de- obligated costs. • Experience with Debris:Our team has been responding to debris-generated FEMA recovery events since 1996.Team members have also assisted numerous communities with the development of a FEMA- approved debris management plan(DMP). Members of our highly experienced team have monitored the removal of vegetative debris,C&D, hazardous trees/limbs, right-of-way(ROW)debris,private property (right of entry)debris,automotive/marine vessels,electronic waste,white goods, asbestos/lead, hazardous materials,and waterway debris,as well as monitoring debris management sites, recycling and disposal. Our team has a great deal of experience working in complex debris operations,having worked Adjusters International, Inc. Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX with local,state and various federal agencies in debris operations. Our role is to work with applicants and the State to clarify jurisdictional responsibilities,differentiate emergency versus permanent work,ensure proper permits are in place,and to focus local, regional and state efforts on prioritizing issues.Al will utilize our experience of the debris policies in place at the time of the event to maximize the reimbursement to the city. • Total Financial Recovery Solution:The significance of our understanding of the total financial recovery process and multiple funding sources is a major difference between our team and all other competitors. We understand the issues and requirements inherent to coordinating public/private funding sources and their complex interactions. Due to this,we will be able to guide you around the pitfalls often associated with the disaster recovery process. Our core strengths—our hands-on expertise with federal funding programs and insurance, history of client advocacy,and dedication to enabling a full and efficient financial recovery—make us an essential component of the City's emergency management team. Al stands ready to assist the City of Port Arthur with financial management,recovery,and consulting services to support the organization,management,and administration of post-disaster grant funding. We are confident that the unique combination of our national expertise and resources will prove to be the best value for the City of Port Arthur. Al has recently acquired Tidal Basin Government Consulting,a recovery and emergency management firm we have partnered with regularly. Tidal Basin is a wholly owned subsidiary of Al,and this acquisition will allow us to expand our practice and give us access to a broad spectrum of experienced individuals. Should a personal interview be necessary to clarify any details of this response,please do not hesitate to contact me directly. I can be reached via email atjmarini®a adjustersinternational.com or on my cell phone at 315-415- 2963. My mailing address at Al's corporate headquarters is 126 Business Park Drive, Utica, New York 13502.Our main office number is 315-797-3035 and my direct fax line is 315-272-2192. Sincerely, Why the Al team is the Best Choice for the City of Port Arthur: • zo years of experience and proven __U / capabilities with the FEMA PA program lihn Marini • Strong knowledge of debris management as President and CEO it relates to project formulation and funding • We offer the Total Solution®-a major difference between our team and all other competitors. • Unsurpassed insurance expertise—key to recovery and closeout • Current hands-on knowledge of FEMA policy �. changes since Hurricane Sandy ,� Adjusters International, Inc. 4 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 2. Experience of Proposer Founded in 1985,Adjusters International(Al)has been a leading provider of disaster recovery services for 3o years.We have specialized in FEMA PA program management since 1996(20 years)and have been providing technical staffing and program management services specifically to states since zoo4(12 years). '- We have extensive experience assisting clients to prepare for, respond to,and recover from catastrophic disaster events such as s _ �,. floods,snow disasters, hurricanes,severe storms,winter storms, _ =m " T: earthquakes, and other natural and man-made events.As part of '' , our portfolio of services,our team offers clients full-service '"` emergency management consulting, including(but not limited to) da: `` public assistance(PA), hazard mitigation,and individual assistance (IA)programmatic support;damage assessment;estimating Figure is AlCorporate Headquarters in Utica NY services;and hazard mitigation planning and project management. We work with both state and local governmental agencies to ensure ADJUSTERS INTERNATIONAL they are aware of all possible disaster hazards and have the proper resources and protocols in place to minimize potential risks, mitigate potential losses, respond to disaster events,and efficiently navigate the recovery process. Al's consulting team includes over zoo licensed engineers, planners,emergency managers, project managers, insurance professionals, instructors,and specialists in specific disaster-related disciplines such as debris management, utilities,emergency protective measures, building and contents valuation, environmental issues, historic preservation considerations,estimating,and codes compliance,63 of which are licensed Public Adjusters in the State of Texas.Al employs some of the most widely respected professionals in the industry,offering unparalleled, hands-on experience in the fields of emergency management, public safety, contingency development, disaster operations,all-hazard training,continuity of operations,and loss mitigation. Our leadership team includes seasoned senior staff and policy/program subject matter experts who have successfully negotiated every major disaster event in the last zo years. Our staff consists of our own employees, not independent contractors or multiple sub-contractors.We are responsible for the actions of our employees,their training and their well-being.This practice allows us to ensure quality of service and maintain consistent product delivery. It also allows us to realistically predict,accurately communicate,and closely control the number and skill mix of available staff for any given assignment. Al's reputation for strategic thinking and effective management of the total financial recovery process has gained us experience on some of the most challenging and high-profile losses of the past quarter century.We have assisted with recoveries that required extreme flexibility,technical expertise,and the ability to mobilize quickly. We responded to 18 disasters in 11 years for the State of New York and are under contract to provide dedicated PA support staff to the states of Alaska, Hawaii, Montana, North Carolina, Rhode Island,and South Carolina. Al is up to date and familiar with compliance reviews FEMA is P � ° required to undertake regarding the Endangered Species Act, R,. , c Coastal Barrier Resources Act,and National Historic 41110;0:1!.41, ` Preservation Act.Additionally,our consultants are up to date on �°.1 6. <<Vi recent legislative and programmatic changes within FEMA, , - including policy changes that resulted from the Sandy Recovery" r Improvement Act of 2013(SRIA),such as the Alternative ° �, Procedures Pilot Programs, Permanent Work, and Dispute "�` f Resolution; FEMA Disaster Assistance Policy(DAP)9525.9 ,, . Section 324 Management Costs and Direct Administrative Costs '- ., ''`; Adjusters International, Inc. Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX and PA Program and Policy Guide FP 104-009-2/January 2016 Guide. Furthermore,we have many years of managing multiple funding sources,which was the genesis of the Federal Super Circular. Our team is known for its dedication to client success and for building strong and positive long-term relationships. Clients such as the Port Authority of New York& New Jersey have relied on us to assist them through complex disasters since 1993. Lee County and Monroe County, Florida,and the Houston Independent School District in Texas have kept us on sasrr contract for io or more years.We have had a relationship with New R oFyOVERY York State since 2004.Clients such as Jefferson Parish in Louisiana and the Cedar Rapids Community School District in Iowa have chosen to keep AI's staff as part of their long-term recovery teams since zoos and -,,....,. rrft, ' .� 2008 respectively to ensure a complete recovery from beginning to end. c-im, , . Additionally,the Baylor College of Medicine and the University of Texas System in Texas and Audubon Nature Institute in Louisiana w;� regularly tap into Al's expertise to resolve issues as they arise during Sot FtliA can'IAA rA., . closeout and audit.We are there for our clients at every stage of ,� recovery, in whatever form they require. - We credit these enduring relationships to our dedication to unwavering professionalism;unsurpassed knowledge of policy,systems and agencies;and a focus on tailoring our work product,communication and reporting structures to fit your organizational needs. Everything from our personalized approach to service and dedicated leadership team to our customized project management system and daily and weekly reports are designed to provide the State with the insights,intelligence Figure 2 Al's publication, and guidance necessary to make well-informed leadership decisions Disaster Recovery Today, received by more than 50,000 before, during and after a disaster event. industry professionals As a recognized leader in the insurance and emergency management nationwide. fields,Al produces publications Disaster Recovery Today and Adjusting Today, respectively. Al's qualifications and experience are highlighted below in this sample listing of clientele: • Guided more than 40 local public agencies throughout the Gulf Coast to successful recoveries following the 2004, zoos and 2008 hurricane • seasons, including Monroe County, Lee County,the City of Fort Myers,City of Sanibel,and Islamorada in Florida;the City of New Orleans, Port of New Orleans, New Orleans Sewerage&Water Board, City of Slidell,and Jefferson Parish in Louisiana;and Jefferson County, Port Arthur Independent School District,the Port of Houston and the Houston Independent School District in Texas.We have also provided consulting services to Charlotte County, Pinellas County,and the City of Gulf Breeze in Florida. • Coordinated the recovery from FEMA of approximately$100 million in disaster-related damage for the Mississippi State Port Authority, including compiling more than 6o PWs—approximately 28 for alternate and improved projects--and more than doubling the amount of the Port's insurance claim from the initial insurance company offer to final settlement. • Guiding clients such as the City of Cedar Rapids, Linn County and Cedar Rapids Community School District in Iowa through their recovery from more than$1 billion in damages following the 2008 floods. • Came to the assistance of the City of New Orleans nearly a year after Hurricane Katrina to help the City identify and correct issues with their FEMA and insurance claims.This process required the review and tracking of more than 95o PWs representing more than one-half billion dollars in grant funding, managing Adjusters International, Inc. 6 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX FEMA-State communications and correspondence for the City's Capital Projects Administration,addressing numerous environmental and historical concerns related to projects,and undertaking appeals and/or dispute resolution regarding contentious issues facing the City. • Providing emergency support staff to the State of New York since 2004, including in 2006 programmatic support for five simultaneous flooding disasters requiring at its peak more than i6o trained personnel,and in 2013 programmatic support for the State's Hurricane Sandy recovery and several other high-priority projects requiring more than 400 trained and specialized FEMA PA and HMGP personnel.Including Hurricane Sandy, we will have handled over$10 billion in eligible damages and processed thousands of project worksheets. • Provided HMGP, IA, and CDBG-related support to the State of New York for various federal and state recovery programs in 2013,as well as a successful expedited update of the State Hazard Mitigation Plan. • Providing PA, hazard mitigation, FTA and insurance recovery support to the Port Authority of New York& New Jersey in managing their estimated loss of more than $2 billion following Hurricane Sandy. Previous work for the Port includes handling their FEMA PA and hazard mitigation recoveries following the 9-11 Terrorist Attacks and their insurance claim following the 1993 World Trade Center bombing. • Providing support to the Commonwealth of Massachusetts in its PDA efforts for DR-1614-MA and DR-1944- MA, in both of which our expertise successfully overcame initial denials of eligibility by FEMA, ultimately resulting in nearly$30 million in funding the State might not otherwise have received. • Providing expert claims preparation guidance and disaster recovery-related process expertise to the State of Louisiana and local government claimants following the BP Oil Spill in 2010, including providing technical assistance to case management teams. • Worked at the federal, state and local levels to guide grantees and applicants through complex and unprecedented recoveries from major disaster events such as the 9-11 terrorist attacks,1993 World Trade Center Bombing, Oklahoma City Bombing,and Deepwater Horizon BP Oil Spill. For the 9-11 terrorist attacks, various members of our team in their roles at the time represented the Port Authority, State, and FEMA, working cooperatively and creatively to fit the parameters of the public assistance program to a unique and unprecedented major disastrous event. Al Value Add 5100,000.000 S 1,000,000 s 10,©00 $10o I Sewerage&Water City of Slidell,LA Linn County,FL, Hawaii,Building Charlotte County, Board,New Options Building Roof Repair FL °clear is,LA ■Initial S Value ■End Result • Figure 3:Al makes significant gains for clients. Adjusters International, Inc. Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Since starting our FEMA consulting division in 1996,the Al team has provided support to the following entities. Sub Recipients: Aldine Independent School District,Texas Jackson Energy Authority,Tennessee Associated Hospital Services, Louisiana Jefferson County,Texas Audubon Nature Institute, Louisiana Jefferson Parish, Louisiana City of Batesville,Arkansas Jersey City Municipal Authorities, New Jersey Baylor College of Medicine,Texas Knapp Medical Center,Texas City of Boulder, Colorado City of Lake Oswego, Oregon City of Burlington, Iowa Larimer County,Colorado Butte County, California City of Las Vegas, Nevada Caruthersville School District No 18, Missouri Lee County, Florida City of Cedar Rapids, Iowa Linn County, Iowa Cedar Rapids Community School District, Iowa City of Little Rock,Arkansas Charlotte County, Florida Town of Maine, New York Chatham County, Georgia City of Marble Falls,Texas City Park of New Orleans, Louisiana Maui County, Hawaii City of Copperas Cove,Texas Metro Transit Authority of Harris County,Texas Coryell County,Texas Minot Park District, North Dakota City of Council Bluffs, Iowa Monroe County, Florida County Risk Sharing Authority, Ohio Monroe County School District, Florida City of DeBary, Florida Monroe County Sheriff, Florida Derry Township Municipal Authority, Pennsylvania Memorial Hermann Hospital System,Texas City of Detroit, Michigan Mississippi State Port Authority, Mississippi Detroit Public Schools, Michigan City of Nashville,Tennessee City of Duluth, Minnesota City of New Orleans, Louisiana City of Fort Collins, Colorado Town of New Windsor, New York City of Fort Myers, Florida North Hudson Sewerage Authority, New Jersey City of Fort Walton Beach, Florida Onondaga County, New York Government of the U.S.V.I. Orange County, New York Greenville Utility Commission, North Carolina Owatonna Public Utilities, Minnesota City of Groves,Texas City of Pascagoula, Mississippi Hancock County, Mississippi Philadelphia Public Schools, Pennsylvania Harbor Branch Oceanographic Institution, Florida Pitt County, North Carolina City of Harrisburg, Pennsylvania City of Pittsburgh, Pennsylvania Holy Cross Hospital, Florida Port Arthur Independent School District,Texas Houston Independent School District,Texas Port Arthur International Public Port,Texas Village of Islamorada, Florida Port Authority of New Orleans, Louisiana Jackson County, Mississippi Port Authority of New York& New Jersey Jackson County Port Authority, Mississippi City of Port Freeport,Texas Adjusters International, Inc. 8 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Port of Houston Authority,Texas Thermal Energy Corporation(TECO),Texas City of Port Isabel,Texas Town of Union, New York Port of Portland, Oregon Union-Endicott Central School District, New York Redland Christian Migrant Association, Florida University of Texas System,Texas City of Reno, Nevada University of Virgin Islands, U.S.V.I Reno-Tahoe International Airport, Nevada Unkechaug Tribal Nation Rocky Mount Charter School, North Carolina Washoe County, Nevada City of Sanibel, Florida City of Waterbury Fire Department,Connecticut Sabine-Neches Navigation District,Texas Wadena County, Minnesota Seminole Tribe of Florida Ward County, North Dakota Shinnecock Tribal Nation Waveland-Bay St. Louis School District, Mississippi City of Slidell, Louisiana Wells Nursing Home, New York City of Sparks, Nevada City of Weslaco,Texas City of Syracuse, New York City of Weslaco Independent School District,Texas St. Luke's Episcopal Hospital,Texas West Jefferson Medical Center, Louisiana Sewerage&Water Board of New Orleans, Louisiana Wildlife Conservation Society, New York Steele County, Minnesota Grantees: 1994-DR-MA Severe Storms and Tornadoes Alaska 4094-DR-AK Severe Storm,Straight-line Winds, Montana Flooding,and Landslides FEMA/Risk Management Consulting 4050-DR-AK Severe Winter Storms and Flooding 4054-DR-AK Severe Storm 4122-DR-AK Flooding AK-236,AK-237,AK-238,AK-24o,AK-243, &AK-244 (State-Level Disaster Declarations) New York State Hawaii 4085-DR-NY Hurricane Sandy 4194-DR-HI Tropical Storm Iselle 4031-DR-NY Tropical Storm Lee 4201-DR-HI Pu'u'O'5 Volcanic Eruption and Lava 4064-DR-NY Hurricane Irene Flow 1534-DR-NY Severe Storms and Flooding 1564-DR-NY Severe Storms and Flooding Louisiana 1565-DR-NY Tropical Depression Ivan Deepwater Horizon Claims Management Consulting 1589-DR-NY Severe Storms and Flooding Massachusetts3.650-DR-NYSevere Storms and Flooding 1614-DR-MA Severe Storms and Flooding 3268-EM-NY Snowstorm 1665-DR-NY Snow Emergency Adjusters International, Inc. 9 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 1670-DR-NY Severe Storms and Flooding 1857-DR-NY Severe Storms and Flooding 3273-EM-NY Snow 1.899-DR-NY Severe Storms and Flooding 1692-DR-NY Severe Storms and Inland and Coastal 3195-EM-NY Snow Emergency Flooding 1391-DR 9-11-01 September 11, 2001 1710-DR-NY Severe Storms and Flooding 3299-EM-NY Severe Winter Storm South Carolina 1827-DR-NY Severe Winter Storm 4166-DR-SC Severe Winter Storms Adjusters International, Inc. I() Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 3. Methodology Adjusters International applies its knowledge of the entire FEMA Public Assistance process to guide clients successfully through their financial recovery.Our consultants are skilled at coordinating among the internal departments and external vendors involved in the City's disaster recovery efforts.Adjusters International has extensive experience working with government entities in exactly this capacity,which allows us to meet and exceed the requirements of this RFP with no learning curve, responding immediately and effectively to the needs of the City. Adjusters International will provide the City with broad-based support services designed to help maximize federal funding,expedite the process,and retain funds during the closeout audit.Our approach is to assist the City to plan for and respond to FEMA's requirements,while helping City staff to become organized and efficient in the medium through the long term. It is our experience that to fully recover what the City is due under the Stafford Act,there are multiple steps, processes and compliance issues to be addressed before completing the City's project worksheets.We provide guidance and training regarding funding strategies to allow the City to make informed decisions in turbulent times. The insurance claim and the FEMA Public Assistance program are two separate funding sources that are intertwined.While insurance is the primary source of funds and FEMA is secondary, FEMA will fund uninsured items and offers other funding alternatives that are often overlooked.The complexity of working with the two programs is compounded by the overlap of the two.The City's ability to make informed decisions requires a thorough understanding of financial implications, both in terms of Public Assistance funding and the City's insurance claim.Adjusters International's thorough knowledge in this area will be brought to bear to help minimize the impact of potential insurance penalties on behalf of the City. Successfully managing and preparing for audits by FEMA or other funding sources requires a thorough understanding of the eligibility parameters,documentation requirements,and programmatic expectations involved. It also requires a comprehensive view of the City of Port Arthur's disaster relief funding picture so that duplication of benefits—or even the appearance of duplication—can be avoided,and the steps taken to ensure this can be clearly articulated across funding programs. Reconciling costs for work completed and work to be completed is a central component of project tracking and, ultimately, project closeout and audit.As projects are versioned and/or drawdowns are requested from the City, our team will work with key stakeholders to collect the necessary documentation to support proper reconciliation. This includes work completed vs.work to be completed as projects progress,and actual costs incurred vs. estimated costs outlined in the PW.This process is facilitated by Al's thorough approach to PW development and tracking,which is to prepare for closeout and audit from the outset of a project.We also stay on top of any issues that may impact funding and work to reconcile these as they arise. Al team members have successfully completed PW closeouts and audits at the state level and have participated in numerous reviews,closeouts,and audits for applicants. For example,Al is currently providing a closeout team to assist the State of New York to review and close out 20 open disasters,including Hurricane Irene and Tropical Storm Lee—the largest disasters to have hit New York State other than Hurricane Sandy.Our direct experience with the process means that we not only understand the requirements in theory, but in practice.We have proven ourselves to follow the requirements of the Stafford Act, OMB circulars,and related regulations and policies(e.g., the 9500 Series), and to anticipate the needs of all key stakeholders,providing exceptional client service throughout the process. Adjusters International, Inc. 11 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX We are able to work with the insurance information that the City of Port Arthur provides and use it to address project worksheet scopes that are eligible for FEMA funding and those that are not due to prior insurance payments.Our team has extensive experience ensuring that insurance coverage and subsequent disbursements are aligned with FEMA funding so that insurance funding is leveraged instead of obstructed by duplication of benefits concerns. Our team will work with the City of Port Arthur to verify insurance proceeds received and identify the project worksheet to which those proceeds relate. We will provide a plan of action to drive the project worksheet to closeout for any project worksheets that have an insurance issues or concerns. The Al Team is uniquely qualified in this arena due to the fact that we have an entire division of professional licensed insurance adjusters who only represent the people—not the insurance companies. In fact,63 of these adjusters are licensed in the State of Texas.This knowledge gives our team an in-depth and accurate understanding of the insurance component of financial recovery, providing applicants an important edge when it comes to expediting the FEMA grant management process.Our knowledge of insurance-related considerations will help the City and its applicants to understand and navigate these issues. When the City has completed all projects and drawn down reimbursement for all eligible costs,our consultants will work with the City's staff to finalize preparations for State/FEMA final inspections and audits. Under the PA program, project completion typically involves two separate processes:final inspection and final audit. Final inspection involves the reconciliation of the actual scope of work and costs incurred with the scope of work and costs approved by the PW.All large project PWs are subject to a final inspection. In addition,a selection of small PWs will be inspected. Al will bring its extensive expertise in this area to bear on behalf of the City, preparing formal audit responses and justifications as needed.This positioning will be facilitated by Al's proactive approach to working with the City's staff to ensure that the final inspection and audit requirements are anticipated from the beginning of the grant management process. Adjusters International, Inc. 12 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 4. References Client Jefferson County,Texas Carey Erickson,SPHR Patrick Swain Reference Director of HR&Risk Management County Auditor Point Of 1225 Pearl Street 1149 Pearl St,7"Floor Contact Beaumont,TX 77701 Beaumont,TX 77701 409-839-2399 409-835-8500 cerickson(a�co.jefferson.tx.us pswain(a�co.jefferson.tx.us Date Value$1,700,000 October zoos—September 2011 Project#Hurricane Ike(DR-1791)&Hurricane Rita (DR-16o6) Services) Public Assistance Consulting Hurricane Ike,September 2008—September 2011 Based on the success we achieved for the County following Hurricane Rita,Adjusters International was immediately retained for both Public Adjusting and FEMA services to assist with the County's Hurricane Ike recovery.Also,based on our advice after Rita,the County had changed their insurance policy in a manner that afforded them broader coverage for Hurricane Ike,putting them in a much better position for an increased insurance recovery.We are working closely with both the insurer and FEMA on this claim to provide the County Project with the service and recovery they expect from us,and we expect to again maximize their recovery. Description Hurricane Rita,October 2005—August 2006 In the wake of Hurricane Rita,Adjusters International was hired by Jefferson County to provide both insurance and FEMA solutions.Our public adjusting team worked with the County to maximize its insurance recovery, securing a recovery above and beyond the County's expectations.Based on what we saw in this claim,we also assisted the County in making changes to its insurance policy to secure better coverage in case of a future disaster.Our FEMA consultants worked in conjunction with the Jefferson County Emergency Management Team to oversee a project that identified in excess of$54 million in FEMA Public Assistance funds. Client Houston Independent School District,Texas Peggy Roberts Senior Manager Reference Houston Independent School District,Risk Management Point Of 6351 Pinemont Drive,Second Floor,Suite 225 Contact Houston,Texas 77092 713-556-9229 mrobertq(a�houstonisd.orq Date Value$693,755.80 June 2001—Present Project No.Tropical Storm Allison(DR-1379)&Hurricane Ike(DR-1791) Service(s) Public Assistance Consulting Project We were retained as an appraiser for HISD after another local public adjusting firm failed to settle their Adjusters International, Inc. 1 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Client Houston Independent School District,Texas Description claim.As we were able to step in and settle the claim to their satisfaction,we have since been awarded three consecutive three-year public adjusting and FEMA consulting retainer contracts with the District.RFQs were sent out each time prior to our firm being awarded the contract.We are currently under contract with the District and are handling all claims resulting from Hurricane Ike and no have been asked to support the school district for the flooding due to the Memorial Day storm for 44 schools. Recently,Al was tasked with assisting HISD to set up a process to recover the district's insurance deductible and to determine legitimate damage amounts to allow the district to take advantage of CDBG unmet needs funding. Client Port Arthur International Public Port,Texas Floyd Gaspard Raymond Johnson Reference Port Director Board of Commissioners President Point Of 221 Houston Ave. 221 Houston Ave. Contact Port Arthur,TX 77640 Port Arthur,TX 77640 (409)983-2011 (409)983-2011 Date January 2006-July 2010 Value$6,636 Service(s) Public Assistance Consulting&Insurance Adjusting Hurricane Rita January—April 2006 Al was hired by the Port to provide both public adjusting and FEMA-related recovery services following Hurricane Rita.On the insurance side,our team quickly compiled the claim and presented it proactively to the insurer,securing some amount of early insurance funding to assist with cash flow.We then presented the thorough documentation required to support a crucial coverage argument at the crux of the claim,thus providing the Port with a recovery beyond its expectations.On the FEMA side,we formulated projects for Project approximately$11 million in damages to warehouses,offices,security buildings,and maintenance facilities Description over a ten-week period. Hurricane Ike September 2008—July 2010 Based on the success that Adjusters International had working with the Port of Port Arthur on their Hurricane Rita claim,our contract was renewed for Hurricane Ike services.We assigned the same team that worked on Rita,ensuring continuity between the two storms and re-invigorating the friendly and successful working relationships we established with Port personnel following Rita. Client Sabine Neches Navigation District, Beaumont,Texas Randall Reese Reference General Manager Point Of 2348 Hwy 6g North Contact Nederland,TX 77627 (409)729-4377 Date January 2009—October 2010 Value sio6,805 Adjusters International, Inc. 14 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Client Sabine Neches Navigation District, Beaumont,Texas Service(s) Public Assistance Consulting This unique quasi-governmental entity acts as local sponsor of the Sabine River Navigation Channel and as manager of the local flood control district.As a result of Als efforts FEMA deemed the restoration of a US Army Project Corps of Engineers dredge material placement area located in the State of Louisiana eligible for FEMA PA Description funding following Hurricane Ike.The complexities of processing a funding request between States for a typically ineligible project were overcome and nearly$9 Million was provided for the project.Additionally, funding was secured for repairs to a lock and flood control facilities with very complicated technical specification and eligibility constraints. Client City of Marble Falls,Texas Ralph Hendricks George Russell Reference City Manager Mayor Point Of 800 Third Street 800 Third Street Contact Marble Falls,TX 78654 Marble Falls,TX78654 830-693-3615 830-693-3615 rhendricks®ci.marble-falls.tx.us mayor®ci.marble-falls.tx.us Date August 2007—September 2013 Value$410,264 Service(s) Hazard Mitigation Program Management After the summer floods of 2007 which impacted 52 counties in Texas,Adjusters International was hired to assist the City of Marble Falls to develop and submit their HMGP grant applications and to secure Public Assistance funding for damages resulting from the flood.The successfully funded HMGP projects included a nearly$1 million multiple-property acquisition and relocation project,for which Al is overseeing the acquisition grant program management,which resulted in 75%voluntary participation(nine properties purchased).We have participated in property owner transactions,negotiations and agreements;monitored Project demolition,disposal and restoration of open space;prepared and submitted all required state reports, Description including quarterly reports;prepared and tracked reimbursement requests;and maintained case management files. Our team of consultants also assisted the City to secure$2.9 million in overall Public Assistance funding, including$560,000 in Pilot Program projects for citywide street repairs.We helped the City to obtain an ORCA grant for$350,000 to subsidize the local cost share,as well as to submit two projects for NRCS funding, which have been approved pending receipt of federal funding. Adjusters International, Inc. 15 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 5. Pricing John Rigling Consultant $i85.00 75 $13,875.00 Greg Consultant $185.00 o $0.00 Steve Specialist $155.00 75 $11,625.00 *The above rates do not include expenses,which will be billed by Al to Port Arthur at GSA/State rates at actual cost with no markup. If an all-in rate is preferred by Port Arthur,Al will add$37/hour to the above rates(for onsite work)to incorporate all expenses as broken down by the following table: Travel Expenses per Hour Worked Expense Hotel Per Diem Local Car Fuel Flight Parking Daily Cate.ory Daily Incidental Rental Total Amount per 102.35 51.0- 28.24 8.00 9.51 199.11 Day Daily Total= $199.11 Days per Rotation= 28 Expenses per Rotation= $5,575.03 Total Hours per Rotation= 150 Expenses per Hour= $37.17 Adjusters International, Inc. 16 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 6. Forms CITY OF PORT ARTHUR 0 QUOTE SHEET 4 f,'• q ---i'''• )4 A (Specifications arc attached) ItoVri rthttr re ta Date of Request: August 11,2016 Department Requesting Quote: Finance Bid Number: P16-054 Services Needed: Disaster Recovery Grant Management and Administration Services Quote Due Date&Time: Monday,August 15, 2016 by 2:00 P.M. Delivery: Quotes are to be faxed to(409)983-8291, E-mailed to cliflon.williamsCuportarthurtx.gov Delivered to the Purchasing Div.,2 floor,City Hall. Questions,Please contact: Clifton Williams,Acting Purchasing Manager, Cliflon.williams@portarthurtx.gos PRICING: Please provide a rate sheet showing personnel needed and Hourly Rates and other cost required to for this job. ,,D) - - Adjusters International,Inc. l./- —/ Compan Name S. attire John Marini (315)797-3035 Printed Name Phone 126 Business Park Drive .J..21.5)12Z-10.2.0.._____ Address Fax Utica NY.135112- .4tuarictigadjitAtersinternational,rom, City,State,Zip E-mail () ' --//t&iN. t (!.&f.„(4, 41;71. 8/15/2016 Clifton Villiams,Acting Purchasing Manager Date Page 1 of 8 Adjusters International, Inc. CITY OF PORT ARTHUR, TEXAS LA) teVrt ADDENDUM NO. ONE (1) August 15,2016 Bid Proposal For: Disaster Recovery Grant Management and Administration Services The following clarifications, amendments, deletions, additions, revision andior modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: I. QUOTE IS DUE ON AUGUST 16, 2016 AT 5:00 P.M. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. I j, iff,t_ Clift.n Williams, CPPB Acting Purchasing Manager 8/16/2016 Sio/ature of Proposer Date Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX 7. Resumes JOHN RIGLING GRANT CONSULTANT Mr.John Rigling has over 3o years of experience in project management including eight years as AREAS OF a FEMA PA technical specialist and deployed on five New York State disasters.He worked with the Port of Houston Authority and Houston Independent School District as part of the EXPERTISE management team assisting with recovery from the May storms and flooding in Texas. 406 Hazard Mitigation Previously has served as Project Manager on the long-term recovery team for New York State, After Action Reporting Rigling played a key role in transitioning New York State's Hurricane Sandy recovery operation to meet the long-term goals of the State and its applicants.Rigling has applied his knowledge Alternate Projects for the Port of Houston in program compliance requirements to help prepare applicants for Debris closeout and ensure that they retain funding when work is complete.Additionally,Rigling has served as Project Officer for Louisiana,Minot North Dakota,Florida,and Alaska He is currently FEMA Public Assistance working under an existing contract with Houston Independent School District regarding FEMA Individual damages that resulted from the storm and flooding event DR-4223-TX.(Incident Period May 4, Assistance 2015 through June 29th that includes the 2o25 Memorial weekend storms and Tropical Storm Bill).Rigling joined Adjusters International with nearly three decades of management HMGP experience,which he has put to use serving New York,Louisiana,Minot North Dakota,Florida, Historical Procedures and Alaska,as a Project Officer guiding applicants through the FEMA Public Assistance grant application process. Improved Projects PNP PROJECT EXPERIENCE PW Formulation,Writing &Versioning Port of Houston,TX:Assessment of Disaster Recovery Administrative Roads/Bridges Capabilities(Phase 0: 201 S As a Senior Consultant Rigling is applying his knowledge for the Port of Houston in program PROFESSIONAL compliance requirements to help prepare applicants for closeout and ensure that they retain funding when work is complete.His responsibilities include management of staff scheduling, AFFILIATIONS assignments,technical support,and equipment. Secured Worker Access Consortium New York State:4085-DR-NY, Hurricane Sandy Long Term Recovery Operations,January 2014 2015 EDUCATION As a Project Manager on the long-term recovery team for New York State,Rigling played a key Coursework:Onondaga role in transitioning New York State's Hurricane Sandy recovery operation to meet the long- Community College,1984 term goals of the State and its applicants.Rigling is applying his knowledge of program compliance requirements to help prepare applicants for closeout and ensure that they retain funding when work is complete.His responsibilities include management of staff scheduling, assignments,technical support,and equipment. Port Authority of New York and New Jersey:4085-DR-NY Sr 4086-DR-NJ, Hurricane Sandy, November 2012 -November 2014 As a member of the Adjusters International team Rigling served as a disaster recovery consultant and worked with The Port Authority of New York and New Jersey,a bi-state agency, in their recovery from Hurricane Sandy,the second costliest hurricane in United States history. Rigling served as Lead Consultant for Aviation(JFK,LGA,Teterboro,and Stewart Airports)with responsibilities that included scheduling of all FEMA site visits,damage inspections,FEMA/ Applicant meetings and agendas.Vetting&Validation and collection of all applicant supplied data,force account labor,equipment,expenditures.Final review of all FEMA written Project work sheets,and eligibility determinations.20 projects were submitted with a total of$48 million in anticipated reimbursements.As lead consultant for Battery Park Ferry Terminal and Teleport Business Park Rigling was responsible for scheduling of all FEMA site visits,damage inspections,FEMA(Applicant meetings and agendas.Vetting&Validation and collection of all Adjusters International, Inc. 18 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX John Rigling,Continued PROJECT EXPERIENCE (CONTINUED) applicant supplied data,force account labor,equipment,expenditures.Final review of all FEMA written Project work sheets, and eligibility determinations. He was also assigned to the NY/NJ marine terminals tasked with scheduling of FEMA site visits,damage inspections,FEMA /Applicant meetings and agendas.Vetting&Validation and collection of applicant supplied data,force account labor, equipment,expenditures.Final review of FEMA written Project work sheets,and eligibility determinations. State of Alaska: 4162-DR-AK,Severe Storms,October-November 2012 A series of storms beginning on September 15 and continuing through September 30,brought flooding and/or high wind warnings that impacted all areas of Prince William Sound,the Kenai Peninsula Borough,the Municipality of Anchorage, Matanuska Susitna Borough,Denali Borough and as far north as the Yukon-Koyukuk area.On September zi the governor signed an emergency disaster declaration and the State conducted Preliminary Damage Assessments(PDAs).As a member of the Al team,Rigling assisted the state by staffing Disaster Assistance Centers and helping applicants to fill out applications for the Individual and Family Grant Program and Temporary Housing assistance. Seminole Tribe, Emergency Management Operations Diagnostic&Hurricane Isaac,September 2012 The Al team performed a diagnostic to assess the Tribe's current response capabilities.During that process,Hurricane Isaac impacted the area,which resulted in our immediate activation to participate in their response operations.The Al team staffed the EOC during the event to assist the Tribe's Emergency Management representatives in the process of cost documentation in anticipation of seeking reimbursement through the federal and state disaster programs.On October a8th Hurricane Isaac was federally declared.The Al team is anticipating an additional mobilization to assist the Tribe with the FEMA public assistance process for this storm.As a result of our initial response capabilities diagnostic,the Al team was also chosen to assist the Housing and Risk Management departments in updating their insured property listings by performing site inspections of approximately a,000 single-and multi-family housing units during a three-week period.The team provided dimensional and GIS data along with photos to allow the development of updated replacement cost values for each structure while confirming the accuracy of the insured property list. Minot Park District, North Dakota,August&September 2012 Adjusters International was engaged to provide FEMA Grant Management Services to the Minot Parks District in response to an anticipated$zo million in damages following flooding of the Souris River from February through July of zoic.Rigling is currently part of the Al staff working with various department directors to review the extent of flood-related damages and coordinate and strategize eligible funding sources,as well as obtaining Section 406 Hazard Mitigation funding.Severe damage occurred at multiple locations on park properties,including the Roosevelt Park Zoo,Souris Valley Golf Course, Corbett Field Baseball Park,Oak Park,and the horticultural greenhouses built to house special species of plant.PWs for several of these projects will require particular attention to FEMA policies related to special considerations such as historical, floodplain and insurance issues.Rigling served Minot Park District as a Deputy Consultant responsible for directly assisting the applicant to navigate ongoing eligibility issues,validate and document disaster-related damages,write PW versions, provide appeals support as required,and coordinate applicants'PA recovery with other sources of disaster relief funding.He also scheduled,organized,and conducted a specialized debris monitoring training seminar for the applicant and their Department of Transportation. State of Louisiana, BP Oil Spill,January-November 2011 Rigling was selected to an elite dedicated team providing financial support to assist the State of Louisiana to determine the overall financial impact to the state resulting from the BP Oil Spill.Rigling was hand-picked due to his business and financial expertise and knowledge of working with applicants following a federally declared disaster.Rigling analyzed the financial impact of the oil spill for the following industries:Fishing&Seafood,Marine Related Suppliers&Services,Retail;Wholesale &Distribution,Restaurants&Other Food/Beverage,Tourism,Hotel&Lodging.He also assisted in the formulation of baseline compensation models that were designed to assist with the calculations for payments of interim and final claims filed by claimants with little or no documentation.The Models included:Seafood Processors,Shrimp Industry,Captain& Deckhand(Fin Fishing),Captain&Deckhand(Crab Industry),Captain&Deckhand Baseline(Charter Fishing Industry). New York State: 1899-DR--NY,Severe Storms and Flooding, 2010 in response to a Nor'easter that ripped through nine southern tier counties in March aoio,Rigling was deployed as part of the Al team of 26 consultants assisting over 241 applicants to document 1,17o PWs totaling an estimated$113 million in Adjusters International, Inc. 10 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX John Rigling,Continued PROJECT EXPERIENCE(CONTINUED) damages.Assigned as a Project Specialist for both Westchester and Orange Counties,Rigling assisted several applicants in verifying!documenting damages and identifying projects.He wrote 24 PWs in Westchester County as well as assisted the Towns of Goshen and Chester,The Villages of Bloomgrove and Washingtonville,and The Orange County Parks&Recreation Department submitting nearly si million in anticipated reimbursements.Mitigation opportunities were also included into the projects for the improvements of culverts and roadways. New York State: 1857-DR-NY, Severe Storms and Flooding, September 2009 - February 2010 Rigling served Cattaraugus and Erie Counties as a Project Specialist as well as State Lead Debris Specialist on this engagement.Assisting eight applicants in their recovery efforts,including the Towns of Ashford and Franklinville,Rigling wrote PWs in excess of 8o projects,some with mitigation opportunities.Rigling was responsible for determinations of eligibility for debris removal based on the Public Assistance Program,accomplished through site visit documentation. Individual Case management reports were submitted with determinations and resolutions for every project.Rigling also utilized the Erie county GIS,to identify,document and validate the damages to roadways,shoulders,and culverts throughout the 1,227 square mile county.Preliminary Damage Assessments were estimated for nearly 162 million. PROFESSIONAL QUALIFICATIONS Emergency Management Institute Coursework: l5-000loo Introduction to Incident Command System 15-000200 ICS for Single Resources and Initial Action Incidents IS-000208 State Disaster Management 15-000242 Decision Making and Problem Solving I5-000253 Coordinating Environmental and Historic Preservation Compliance IS-000z88 Role of Voluntary Agencies in Emergency Management IS-oo393a Introduction to Hazard Mitigation IS-000403 Introduction to Individual Assistance(IA)(DF-10) IS-000547 Introduction to Continuity of Operations(COOP) IS-000631 Public Assistance Operations I IS-000632 Introduction to Debris Operations in FEMA's Public Assistance IS-000634 Introduction to FEMA's Public Assistance Program IS-oo65oa Building Partnerships with Tribal Govemments IS-0o70oa National Incident Management System(NIMS)Introduction 15-007015 NIMS Multiagency Coordination System(MACS) IS-000775 EDC Management and Operations IS-oo800b National Response Framework,An Introduction IS-000802 Emergency Support Function(ESF)#1 Transportation IS-0008o3 Emergency Support Function(ESF)#3 Public Works and Engineering 00099998 FEMA EMMIE Training-Grantee Overview Adjusters International In-House Training: Al-000i Introductory PA Course Al-0008 Total Solution Training REFERENCES William Emanatian David Bano New York State Emergency Management Chief Claims Officer,Nationwide Insurance. Disaster Recovery Engineer 1 Nationwide Plaza Building 22,Suite 101 Columbus,OH 43215 1220 Washington Avenue Direct Line:(614)677-4806 Albany,NY 12226 Cell:(614)519-5389 (518)292-2281 banod®a nationwide.com will iam.emanatiani isemo.state.ny.0 Adjusters International, Inc. 20 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX KIMBERLY SEKOL DISASTER RECOVERY CONSULTANT AREAS OF Sekol has more than fifteen years'experience in appraisal and construction,including her EXPERTISE position as Deputy Assessor for Ada County in Boise,Idaho.In this capacity,Sekol was 404 HMGP responsible for approximately 8,000 parcels valued up to$5 million,including existing structures 406 Hazard Mitigation and new construction projects.She was resident specialist for the valuation of projects affected Alternate Projects by environmental contamination. Cost Estimating Format PROJECT EXPERIENCE (CEF) Education/School Metropolitan Transit Authority of Harris County,Texas(METRO)Planning,December Districts 2013-Present Electrical Authorities As a Senior Consultant,Sekol is currently assisting METRO in working with the Texas Environmental Department of Emergency Management in closing out project worksheets for damages sustained in September of 2008 during Hurricane Ike.Sekol is also assisting METRO in the FEMA Public Assistance development of a financial recovery plan and associated training,in preparation for future FHWA-ER disasters and loss events. Historical Procedures Port Authority of New York and New Jersey:4085-DR-NY&4086-DR-NJ,Hurricane HUD/CDBG Sandy,November 2012-December 2013 Improved Projects As a member of the Adjusters International team Sekol served as a Deputy Project Manager Port Authorities working with The Port Authority of New York and New Jersey,a bi-state agency,in their Preliminary Damage recovery from Hurricane Sandy,the second costliest hurricane in united States history.Sekol Assessment had responsibility for Marine Terminals in both states,all bridges connecting Staten Island New York with the state of New Jersey and multiple service divisions including public safety which Private Non Profits function as support for all Port Authority facilities including JFK,Laguardia and Newark Airports Project Management and the Holland and Lincoln Tunnels. Public Sector Experience Alaska State Disasters:AK-236&AK-237,Severe Storms,February—March 2012 PW Formulation,Writing Two consecutive storms in late son brought hurricane force winds,storm surge and waves that &Versions pounded Alaska's coast causing damage that resulted in federal disaster declarations 4050-DR- Roads/Bridges AK and 4054-DR-AK.Following the federal declarations,the State of Alaska,through their self- Sewerage and Water administered state level disaster program,declared funding available for applicants who were not eligible under the FEMA PA program.As part of the Al team deployed to assist with the State Grant Programs Alaska disaster programs,Sekol served as a Public Assistance Specialist.In this capacity she Transportation worked with the Kenai Peninsula Borough cities of Kenai,Homer,Soldotna and Seward visiting Authorities sites to assess damages and assemble documentation to submit for reimbursement by the Xactimate State of Alaska. CERTIFICATIONS+ Louisiana State:BP Oil Spill,February 2011=October 2011 C C RTIFICA Sekol served as part of an elite,dedicated team providing financial support to assist the State of Louisiana to determine the overall financial impact to the state resulting from the BP Oil Spill. Certified Residential Sekol worked with state representatives,gathering and organizing documentation for the Appraiser formulation and support of the state's loss claim. PROFESSIONAL New York State:1899-DR-NY,Severe Storms and Flooding,May—September 2010 AFFILIATIONS In response to a Nor'easterthat ripped through nine southern-tier counties in March 2010,Sekol Appraisal Institute was deployed as a Project Officer on the Al team of 26 consultants assisting over 241 applicants. Member International Sekol worked in Westchester and Suffolk Counties.While in Westchester County she worked Association of Assessing with FEMA Beach Specialists to re-evaluate damages to county beaches.After an initial denial Officers—1999-2004 from FEMA,her continued efforts resulted in the county receiving an additional$250,000 in funding under Category B. Secretary,Care Source- 2o00-2005 Adjusters International, Inc. 21 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Kim Sekol,Continued PROJECT EXPERIENCE (CONTINUED) New York State:1857-DR-NY,Severe Storms and Flooding,August 2009 Al responded after severe storms caused devastating flooding,tornados and high winds resulting in substantial damages to six counties in New York State.The Al team wrote i,600 project worksheets providing$69 million in funding.Sekol served as a Project Specialist assigned to Chenango County.She worked closely with the sub grantees within the county,assisting them to prepare project worksheets and identify mitigation opportunities. In the Town of Greene,she prepared a mitigation proposal requiring a Benefit Cost Analysis(BCA)that was approved and resulted in an additional$213,000 in funding for a road that had sustained repetitive damages. Houston Independent School District,Hurricane Ike,2oo8 Sekol served as a Project Manager guiding the District through its FEMA recovery following Hurricane Ike.She worked with the district to identify the funding sources available for their financial recovery. Her team worked to position the district for Community Development Block Grant(CDBG)funding and 404 HMPG funding in coordination with Harris County and the City of Houston.She also assisted the District to estimate the costs associated with mutual-aid agreements with the City of Houston and Harris County.She coordinated with,and assisted Al's insurance recovery team,helping the District to ensure a full financial recovery from all funding sources. We were retained as an appraiser forHISD after another local public adjusting firm failed to settle their claim.We have since been awarded three consecutive three-year public adjusting and FEMA consulting retainer contracts with the District.We are currently under contract with the District and are handling all claims resulting from Hurricane Ike. New York State:1710-DR-NY,Severe Storms and Flooding,2007 Eight inches of rain in a matter of hours brought a night of flash flooding to counties that were still recovering from severe flooding the year before.Sekol served as Deputy Project Manager overseeing three affected counties,and 18 consultants deployed to assist applicants navigate the Public Assistance process.Of the projects written,22%received additional hazard mitigation funds.She was also successful working with State and FEMA representatives on issue resolution, New York State:1692-DR-NY,Severe Storms and Inland and Coastal Flooding,2007 The April'07 Nor'easter made its way across the continent and stalled for four days just outside New York City,where it continued to strengthen.Sekol was deployed to Westchester County as one of 110 consultants serving the 23 counties that were included in the federal disaster declaration.As a Project Officer she worked with multiple sub-grantees within this county guiding them through the Public Assistance process and helping them identify mitigation opportunities. New York State:2665-DR-NY,Severe Storms and Flooding,2006 Buffalo experienced a rare Fall storm that blanketed the area with two feet of heavy wet snow,and creating substantial amounts of hazardous debris.Sekol was one of 12 consultants deployed within 12 hours to conduct the Preliminary Damage Assessment,completing the work within three days.Sekol was responsible for authoring the Impact Statement related to the findings of the PDA for Individual Assistance.Federal disaster declaration 1665,with damages in categories A-G and affecting four counties,was declared on October 24,2006.Sekol remained part of the initial team of 17 personnel deployed within 24 hours of the federal declaration,and remained as the Project Officer assigned to Erie County,when staffing was quickly expanded to a team of 28 consultants.In this capacity,she used her experience and knowledge of debris management to guide multiple subgrantees through the Public Assistance process. New York State:1650-DR-NY,Severe Storms and Flooding,2006 Sekol was deployed as a Project Officer in response to one of the largest NYSEMO disasters,requiring the deployment of nearly 250 AI consultants.Sekol worked with sub-grantees in Fulton and Montgomery counties guiding them through the Public Assistance process and identifying hazard mitigation opportunities to help strengthen the infrastructure of these communities. PROFESSIONAL HISTORY Deputy Assessor(Ada County—Boise Idaho—August lggg—August 2004) Responsible for the valuation of real property for Ad Valorem purposes.Prepared and presented valuation support cases for Valuation Appeal Hearings at both the local and state levels. Adjusters International, Inc. 22 Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Kim Sekol,Continued PROFESSIONAL HISTORY (CONTINUED) Co-Founder,Secretary and Governing Board Member(Care Source—Boise Idaho—January 2000-January 2005) Co-founder of a not-for-profit serving at-risk families and their child care providers.Participated on the governing Board that oversaw the operations including six full-time staff,and over 1000 clients.Wrote and managed state and federal grants necessary to sustain operations.Developed and facilitated training and technical assistance programs.Over saw the merger with the University of Idaho's system when the Care Source model was adopted statewide. Eligibility Examiner and Case Manager(Mountain States Group—Boise,ID—March x994-November 1998) Responsible for determining and monitoring the eligibility of participants in the Idaho Child Care Program.Responsible for program compliance in conjunction with the Idaho Department of Social Services. Owner(Soirees Catering--Las Vegas Nevada—January 19855-December 1994) Responsible for the overall sales and operations of a successful catering business.Managed a staff comprised of 5 full-time employees and loo.contract employees,sales,and event coordination for up to 7000 attendees. PROFESSIONAL QUALIFICATIONS Emergency Management Institute Coursework: I5-00100b Introduction to Incident Command System ICS-loo IS-000208 State Disaster Management IS-000253 Coordinating Environmental and Historic Preservation Compliance 15-000403 Introduction to Individual Assistance(IA)(DF-2o) IS-oo547a Introduction to Continuity of Operations IS-000632 introduction to Debris Operations in FEMA's Public Assistance 15-000634 Introduction to FEMA's Public Assistance Program IS-00700a Introduction to the National Incident Management System Adjusters International In-House Training: Al-0002 Al Advanced PA Course Al-0003 AI Close-Out Administration AI-o004 Al Preliminary Damage Assessments AI-0007 Obtain&Maintain;Emergency Management Institute's Xactimate Estimating Software This is a sampling of completed and relevant coursework.In addition,Sekol has taken 16 other FE MA courses. REFERENCES Kermit Falgout James J.Zymanek Risk Manager Director of Emergency Services 440o West 18th St. Harlem Road Community Center Houston,TX 77092 4255 Haden Road 723-220-5040 Amherst,New York 14226 kfalgout®a houstonlSD.org 716-631-7122 jzymanek®amherst.ny.us Adjusters International, Inc. 2. Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX LINDA MAIELLANO GRANT CONSULTANT AREAS OF For the past three years,Linda Maiellano has been providing public assistance to Local and EXPERTISE State municipalities recovering from natural disasters.Most recently,Malellano has been Closeout working with various towns in New York State to coordinate funding from various disaster relief FEMA Public Assistance programs including the FEMA public assistance program.She also assisted in the State of New York's closeout for Hurricane Irene and Tropical Storm Lee.Her marketing,project estimating, Improved Projects and planning skills were honed by over fifteen years of retail marketing and business PW Formulation management experience. PW Writing PROJECT EXPERIENCE New York State:4085-DR-NY,Hurricane Sandy Long Term Recovery Operations, January 2014-Present As a project specialist assigned to the long-term recovery team,Maiellano worked with Nassau and Suffolk Counties for applicants including the Towns of Southold and Patchogue,and the villages of Mastic Beach,Bellport,Dering Harbor and Quogue,as well as Montauk Public School District to coordinate their funding from various disaster relief programs including the FEMA public assistance program.In this role,she worked with applicants to properly identify and articulate damages,formulate and track projects,and meet program documentation requirements.Beginning in June 2013,Maiellano became the liaison for Nassau County and has acted as their facilitator for applicant questions and concerns regarding 404 mitigation and alternative funding with FEMA and New York State. New York State:Disaster Closeout Team,October 2013-January 2024 Malellano served as part of the team assisting the State of New York with closeouts for Hurricane Irene and Tropical Storm Lee.In this role,she reviewed project worksheets(PWs)and related documentation for accuracy,reconciled the PW costs and scopes of work with actual project costs and work performed,and worked with applicants to address any issues that required attention to help ensure they were properly reimbursed. New York State:4085-DR-NY,Hurricane Sandy,November 2012-Present As a member of the Adjusters International team deployed in the greater New York City area, Malellano served as a technical assistance consultant She assisted the Towns of Southold and Patchogue,and the villages of Mastic Beach,Bellport,Dering Harbor and Quogue as well as Montauk Public School District,in their recovery from Hurricane Sandy,the second costliest hurricane in United States history.Working with applicants,Maiellano reviewed damages, identified eligible projects and coordinated with departments to formulate PWs for grant funding. State of Alaska:Severe Storm,September-October 2012 Maiellano served as part of the Al team deployed by the State of Alaska to proactively support applicants applying for the state's individual assistance program following a severe flooding and wind event.Maiellano assisted individuals and families impacted by the disaster,processing applications at disaster recovery centers and providing support over the state hotline related to individual assistance and temporary housing. Adjusters International, Inc. 2-i Response to RFP for Disaster Recovery Grant Management and Administration Services for City of Port Arthur,TX Linda Maiellano Continued PROFESSIONAL QUALIFICATIONS Emergency Management Institute Coursework: IS-ooioob Intro to Incident Command System IS-ooizoa An Introduction to Exercises IS-00200b ICS for Single Resources and Initial Action Incident(ICS-zoo) IS-oozo8a State Disaster Management IS-000ziz Intro to Unified Hazard Mitigation Assistance IS-ooz3oa Fundamentals of Emergency Management IS-ooz35b Emergency Planning IS-oo24oa Leadership and Influence IS-0o241.a Decision Making and Problem Solving IS-oozrraa Effective Communication IS-ooz44a Developing and Managing Volunteers IS-002535 Overview of FEMA Environmental&Historic Preservation Review Responsibilities IS-000318 Mitigation Planning for Local and Tribal Communities IS-oo3g3a Introduction to Hazard Mitigation IS-000403 introduction to Individual Assistance(IA)(DF-1o) I5-000554 Local Damage Assessment IS-oo63za Introduction to Debris Operations IS-000634 Intro to FEMA's Public Assistance Program IS-000660 Introduction to Public-Private Partnerships IS-oo7o0a National Incident Management System(NIMS)An Introduction IS-oo800b National Response Framework,An Introduction Adjusters International In-House Training: Al-cool AI Introductory PA Course AI-000z Al Advanced PA Course Al-0003 Al Close-Out Administration Al-0004 Al Preliminary Damage Assessments AI-0005 Al CEF Introductory Xactimate Estimating Software In addition,Maiellano has taken 78 other FEMA courses and has been OSHA certified. Adjusters International, Inc. 25 CITY OF PORT ARTHUR QUOTE SHEET ('" W --- (Specifications are attached) orl Date of Request: August 11, 2016 Department Requesting Quote: Finance Bid Number: P16-054 Services Needed: Disaster Recovery Grant Management and Administration Services Quote Due Date & Time: Monday, August 15, 2016 by 2:00 P.M. Delivery: Quotes are to be faxed to(409) 983-8291, E-mailed to cliflon.williams@portarthurtx.gov Delivered to the Purchasing Div., 2nd floor, City Hall. Questions, Please contact: Clifton Williams,Acting Purchasing Manager, Clifton.williams@portarthurtx.gov PRICING: Please provide a rate sheet showing personnel needed and Hourly Rates and other cost required to for this job. Company Name Signature Printed Name Phone Address Fax City,State,Zip E-mail La() Clifton Villiams,Acting Purchasing Manager Date Page 1 of 8 SPECIFICATIONS DISASTER RECOVERY GRANT MANAGEMENT AND ADMINISTRATION SERVICES The City of Port Arthur Texas ("City"), is issuing a Request for Proposals ("RFP") from qualified consulting firms and/or multi-disciplinary consultant teams ("Respondents") to perform Disaster Recovery Grant Management and Administration Services in connection with the City's applications for reimbursement from State and Federal agencies, including FEMA, for significant losses and costs incurred by the City as a result of Hurricane Ike and Rita in 2008 and 2005.The primary concern is Ike. It looks like the City may not receive the money expected. This audit will end September 30, 2016. The City needs a consultant to immediately begin working to help the City receive that money. Debris Removal is a big issue. The experience of the Proposer in general, and, in particular, as involved in disaster management for municipalities, states, and/or other governmental entities that is similar to the work proposed herein. The City estimates 150 hours of work and slight travel. Proposals are sought from qualified firms with substantial experience in obtaining FEMA and other sources of reimbursement for costs incurred by local governments in response to federally declared disasters. The City is particularly interested in engaging a firm with substantial experience in obtaining reimbursement through the FEMA Public Assistance Program, utilizing a team with experience in expediting the timing and maximizing the percentage of reimbursement funds, with expertise in obtaining higher than standard reimbursement rates, especially in debris removal program. The City is also interested in engaging a firm with substantial experience in successfully working with state Emergency Management Agencies, and in particular, Texas to facilitate and expedite the distribution of FEMA and other disaster recovery reimbursement funds to local governments. The firm must also have available significant technical expertise in the areas of demolition, construction costs and repair costs, structural issues, architectural, engineering and cost estimating services as needed, to help ensure maximum reimbursement. The firm should also have experience in pursuing and obtaining FEMA reimbursement. A Extensive knowledge and familiarity with FEMA laws, regulations, and policies related to disaster recovery reimbursement. ® Organize, manage and administer the FEMA Reimbursement Process under the Public Assistance Program; • Provide grant management advice to maximize reimbursements of disaster recovery expenses. A Prepare and conduct the close-out process, ensuring maximum recovery and retention of all eligible funding, satisfactory disposition of appeals and availability of supporting documents for future audits. Page 2 of 8 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80"'Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`h business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. 0 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (I-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? 1-1 Yes [111No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? EllYes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? nYes n No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 3 of 8 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. This excludes projects with federal funding. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C,Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. Page 4 of 8 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Finance Department P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with Page 5of8 the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.,City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If,through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Page 6 of 8 Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 2. Commercial Automobile Liability Insurance(Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 7 of 8 b. If individual limits are provided, minimum limits are$300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 8 of 8