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Home My WebLink AboutPR 20033: TML TURNKEY RECOVERY PROGRAM TO REBUILD THE CIVIC CENTER Cir►'of _ ii, A I'` Li rt rtlrrtr Teras Robert A."Bob"Bowers Civic Center www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: 1/16/2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Adam J Saunders, Civic Center Director RE: TML Turnkey Recovery Program on the Civic Center Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute a contract between Texas Municipal League Intergovernmental Risk Pool (TMLIRP)— Turnkey Recovery Program to rebuild Robert A. "Bob" Bowers Civic Center (3401 Cultural Center Drive). As a result of the damage to Robert A. "Bob" Bowers Civic Center, a claim was filed with TMLIRP with damages totaling approximately$2,433,446.12 including contents. TML has offered to settle the claim for$2,433,446.12 less the Physical Damage deductible amount of $53,644.40, making the final settlement offer$2,379,801.72. TMLIRP has guaranteed the Physical Damage deductible will be covered in the construction contract, so the City will incur no deductible charge through this recovery process. Background: Due to damages from Hurricane Harvey, the TMLIRP contracted with SynergyNDS, Inc. to provide TMLIRP with recovery management and disaster recovery services on its Members property losses caused by Hurricane Harvey and covered by TMLIRP. Many of the Members allowed SynergyNDS to locate vendors that could immediately provide emergency services to stabilize property and mitigate damages on covered property losses. With the City's agreement, TMLIRP will reimburse SynergyNDS directly on such covered property expenses. TMLIRP will put in a good faith effort to use local vendors. "Remember,we are here to serve the Citizens of Port Arthur" 3401 Cultural Center Drive x Port Arthur,Texas 77642 x 409.985.8801 City of �,l r1!"t 1"P1111GZ— Robert A."Bob"Bowers Civic Center www.PortArthurTx.gov Budget Impact: No Impact Recommendation: It is recommended that City Council approve the City Manager to execute a contract between Texas Municipal League Intergovernmental Risk Pool—Turnkey Recovery Program to rebuild Robert A. "Bob"Bowers Civic Center(3401 Cultural Center Drive), as discussed and/or outline above. "Remember,we are here to serve the Citizens of Port Arthur" 3401 Cultural Center Drive X Port Arthur,Texas 77642 X 409.985.8801 P.R. No. 20033 1/16/18 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN TEXAS MUNICIPAL LEAGUE INTERGOVERMENTAL RISK POOL — TURNKEY RECOVERY PROGRAM TO REBUILD ROBERT A. "BOB" BOWERS CIVIC CENTER (3401 CULTURAL CENTER DRIVE) WHEREAS, the City Council of the City of Port Arthur deems it necessary and appropriate to execute a contract between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program to rebuild Robert A. "Bob" Bowers Civic Center damaged during Hurricane Harvey; and, WHEREAS, In the face of the catastrophic damages due to Hurricane Harvey, the Texas Municipal League Intergovernmental Risk Pool ("TMLIRP") contracted with SynergyNDS, Inc. ("SynergyNDS") to provide TMLIRP with recovery management and disaster recovery services on its Members property losses caused by Hurricane Harvey and covered by TMLIRP. Many of the Members allowed SynergyNDS to locate vendors that could immediately provide emergency services to stabilize property and mitigate damages on covered property losses. With prior written authorization by TMLIRP, SynergyNDS may advance approved claim costs on behalf of covered TMLIRP Member property loss claims to vendors that provided such emergency services. If the Member agrees, TMLIRP will reimburse SynergyNDS directly on such covered property expenses; and, P.R. No. 20033 1/16/18 WHEREAS, as a result of the damage to Robert A. "Bob" Bowers Civic Center, a claim was filed with Texas Municipal League Intergovernmental Risk Pool ("TMLIRP") with approximate damages totaling approximately $2,433,446.12 and with $509,979.87 for contents; and, WHEREAS, TML has offered to settle the claim for $2,433,446.12 less the Physical Damage deductible amount of $53,644.40, making the final settlement offer $2,379,801.72 which is considered a fair and reasonable settlement; and, WHEREAS, it is being requested that the City Council authorize TMLIRP to utilize the Turnkey Recovery Program only as it pertains to Robert A. "Bob" Bowers Civic Center. 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 execute an authorization allowing the City to utilize the Texas Municipal League Intergovernmental Risk Pool Turnkey Recovery Program attached as Exhibit "A" solely as it pertains to losses at Robert A. "Bob" Bowers Civic Center. Section 3. That, a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , AD, 2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: P.R. No. 20033 1 /16/18 Mayor: Councilmembers: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: j&V,ael Val Tizoi►, City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager iI/A Andrew Vasquez, CPA Finance Director EXHIBIT "A" L__ TmL IflUGOVERMIESTAL RISK PO01 Texas Municipal League Intergovernmental Risk Pool Turnkey RecoverysMProgram In the face of the catastrophic damages due to Hurricane Harvey, the Texas Municipal League Intergovernmental Risk Pool ("TMLIRP) has contracted with SynergyNDS. Inc. (''SynergyNDS")to provide TMLIRP with recovery management and disaster recovery services on its Members' property losses caused by Hurricane Harvey and covered by TMLIRP. These services include identifying covered property losses, identifying the steps needed to immediately mitigate the damages, assisting in getting adjusters to the damaged property to estimate the covered damage, identifying the steps needed to repair the covered property losses, and identifying resources that can mitigate the damages and repair the covered property losses. This should expedite the overall recovery needs on covered property losses. If a Member desires, SynergyNDS can provide additional services and directly work with the Member to identify vendors (either local or national, depending on the resources required) to be retained as necessary to assist with stabilization, repairs, and build back of covered property losses. SynergyNDS will assist in managing the services from the vendors to see they are performed and documented according to TMLIRP coverage requirements, applicable codes, and FEMA procurement requirements (for costs that fall outside of Insurance). SynergyNDS will also provide assistance with Member's compliance and submission of claims with the Federal Emergency Management Agency (FEMA). This program is called the TurnKey RecoverySM Program and is designed to serve as an extension of Member's staff that may be at capacity given the impact of Hurricane Harvey. The TurnKey RecoverysM Program is intended to provide damage assessments, demolition services, stabilization of buildings and contents, restoration/reconstruction scope-of-work, coordination and project management of contractors, and FEMA Public Assistance project worksheet development. However, this program can be designed to fit the individual needs of the Member by eliminating services not needed or limiting services to only certain properties. TurnKey Recovery helps to protect Members' operating reserves by reducing or eliminating the Member's upfront, out-of-pocket expense while waiting for reimbursement from TMLIRP on a covered property loss. All eligible claim related recovery costs, project material deposits and vendor progress payments are paid to approved contractors and vendors directly. Recovery and repair contractors can be those identified by the Member or part of SynergyNDS Managed Vendor Program (MVP). Members who elect to use the TurnKey RecoverySM Program on eligible property losses will eliminate the need to incur those associated recovery costs and the standard reimbursement submittal process previously followed by TMLIRP. Under the TurnKey Recovery— Program, TMLIRP and SynergyNDS will work together to approve services, scopes- of-work and costs in a manner that will protect the Member from incurring or becoming liable for any additional costs related to the covered claim, except for the stated deductible, covered exclusions or scheduled limits of coverage. In the event there are costs that are not covered and apply to the Member, it will be the responsibility of SynergyNDS to identify in writing such costs for Member approval prior to acceptance and/or further binding engagement. TMLIRP respects the individual desires and preferences of its Members and their ability to self- govern. This program is available to Members who find it will enhance their recovery efforts. Page 1 of 2 TMLIRP Program Election If the Member desires to use the TurnKey RecoverysM Program for property losses covered by TMLIRP and damaged by Hurricane Harvey, simply sign this form and return it to TMLIRP. The (TMLIRP Member Name) elects to participate and take advantage of the benefits provided through the TurnKey Recovery— Program specific to Hurricane Harvey property losses covered by TMLIRP. The Member agrees that Syndergy NDS, Inc. will act as a Recovery Manager on covered property losses for the Member by managing and paying vendors directly. The Member also agrees that TMLIRP shall reimburse SynergyNDS, Inc. directly on covered property losses for which SynergyNDS, Inc. has managed and paid vendors directly. Member will be responsible to account for the Named Storm Deductible and should follow applicable procurement procedures to ensure that any costs outside of TMLIRP Insurance is followed as necessary to comply with potential FEMA Public Assistance (PA). SynergyNDS will be expected to work with Member to support the FEMA PA process and to provide required insurance documents to assist in supporting Scope Development and Project Closeout as related to a TurnKey Recovery— project(s). Signature of Authorized Official Print Name of Authorized Official Title of Authorized Official Date *This authorization solely pertains to losses at the Robert A. "Bob" Bowers Civic Center (3401 Cultural Center Drive, Port Arthur, Texas. Page 2 of 2