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R2017-200 2017-09-25 RESOLUTION NO. R2017-200 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract for disaster recovery and public assistance services associated with the Hurricane Harvey recovery. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for disaster recovery services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract, for disaster recovery and public assistance services associated with Hurricane Harvey recovery. PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2017. Y CC--ej TOM REID MAYOR ATTEST: lUN ING =�'- " • TY . CR RN ETARY - APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY I I I I CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on September 25, 2017,by and between the City of Pearland ("CITY")and DCMC, LLC, (dba DCMC Partners) ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for the project known and described as Disaster Recovery Consultant Services related to Hurricane Harvey—DR-4332 ("PROJECT"). SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide Disaster Recovery Consulting Services related to Hurricane Harvey as described in the DCMC Partners Proposal, Attachment A. The CONSULTANT has prepared and submitted a scope of work and rate schedule for the PROJECT, as shown in Attachment A. CONSULTANT shall comply with Code of Federal Regulations, C.F.R. §200.236 and 2 C.F.R. Part 200, Appendix II, and CDBG-DR Related Clauses as shown in Attachment B, as applicable. B. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. C. The CONSULTANT recognizes that all documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, and shall subsequently become subject to the Open Records Laws of this State. D. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. Professional Services 1 of 5 PS.Revised 5/14 Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail,return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution. CONSULTANT shall proceed with performance of professional services defined as Disaster Recovery Consulting Services on an as needed basis, and due to the nature of the work,the period of service will be as requested by the City of Pearland. SECTION III-CONSULTANT'S COMPENSATION A. Total compensation for the services performed shall not exceed $200,000.00 for the subject project. See Attachment A, Proposal for rate schedule. The CITY may, upon mutual agreement with the CONSULTANT, increase or otherwise modify available funding under this contract through issuance of an additional Task Order that has approval from the governing body of the CITY. B. The CITY shall pay the CONSULTANT based upon required deliverables and supported by detailed invoices submitted by the CONSULTANT. Professional Services 2 of 5 PS.Revised May/14 C. The CITY shall make any required payment to the CONSULTANT within thirty (30) days of receipt and approval of a detailed invoice. Invoices shall be submitted a monthly on the basis and include a report of work completed. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at DCMC, LLC, (dba DCMC Partners),515 Braxton Place, Alexandria, VA 22301. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15t day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination,with the CITY providing CONTRACTOR reasonable time to demobilize personnel and to deliver documentation required under part B. of this subsection. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. al- Professional Services 3 of 5 PS. Revised May/I4 D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. gLL Professional Services 4 of 5 PS.Revised May/14 SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this 25th day of September, 2017. // C 47'OF : .'W D, TEXAS CONSULTANT—DCMC, LLC, (dba DCMC Partners) A0-1- Professional Services 5 of 5 PS.Revised May/14 L 1 1 L tI t i i 1 a ,,, .. 46 ;,7,4*,„„;..„ ,i.- . :...,,r, , 4-v-h!. ; 4 ,- t - tow ,,, 4s..- 7A-..„.;,.•,, - .-....., • ' , , . ,,, . ii, ' ' 7",, f\l.c.„‘-;, '4.� ►aESCUE + "rte....` FIRE �' ,,,,.t. f �!+ ` ,. ,�, •',iiik r is> —r +� I'. .tz.._, iiiiIiiiiiiiik Proposal for Disaster Recovery Consulting Services City of Pearland, Texas Proposal No. 0917-64 CCMC Partners September 20, 2017 Submitted by: Submitted to: Andrew Sachs, Partner City of Pearland, Texas DCMC, LLC (dba DCMC Partners) 3523 Liberty Drive 515 Braxton Place Pearland, TX 77581 Alexandria, VA 22301 (281) 652-1668 Phone: 207-449-1280 https://pearland.ionwave.net Email: dsachs @dcmcpartners.com www.DCMCPartners.com September 20, 2017 DCMC Partners Mr. Bob Pearce, Purchasing Officer City of Pearland Purchasing Office 3523 Liberty Drive Pearland, TX 77581 Submitted via https://pearland.ionwave.net Re: Disaster Recovery Consulting Services/RFP#0917-64 Dear Mr. Pearce: Thank you for the opportunity to submit DCMC Partners' proposal for Disaster Recovery Consulting Services to the City of Pearland. DCMC Partners is a crisis management and public safety consulting firm helping clients effectively prepare for and mitigate disasters and crises of all kinds. Our team members have responded to and managed the recovery from the most historic disasters over the past twenty-five years. DCMC Partners' leadership and team of industry experts have decades of disaster experience. DCMC Partners is highly familiar with the Houston Metro Area, the geography, history of recovery efforts, risks, and mitigation efforts. In the aftermath of Hurricane Ike, at an executive level, DCMC's Mark Merritt and Drew Sachs managed the contractor recovery teams and engaged with the Federal Emergency Management Agency (FEMA) and the Texas Department of Emergency Management (TDEM) to resolve large-scale recovery issues for the City of Galveston, City of Houston and the University of Texas Medical Branch on Galveston island. Although our Partners have since left the firm we led when performing those projects, the team being offered to Pearland is composed of many of the same team members who successfully performed that work, including John Cavanagh who served as the Public Assistance Lead working for Galveston for more than two years, and Jim Harris who was a senior FEMA Public Assistance team leader assigned to Galveston who worked with our team on many of the larger issues related to eligibility and financial reimbursement. Each of the team members listed in our proposal has committed exclusively to DCMC Partners for this bid. The following pages include our proposal to support the City of Pearland. Please contact me if you have any questions about our submittal or if I may provide additional information. We look forward to the opportunity to work with the City as it recovers from Hurricane Harvey. Sincerely, Andrew Sachs, Partner DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 Table of Contents 1.0 Qualifications of the Firm and Key Staff 1 2.0 Technical Approach/Project Plan 6 3.0 Cost Proposal 7 4.0 Scope of Services/Primary Tasks 8 Attachments 18 i 1 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 1.0 Qualifications of the Firm and Key Staff 1.1 DCMC Partners Overview pp,,,, DCMC, LLC(dba DCMC Partners) is a crisis management and public safety DCMC Partners consulting firm and a federally-recognized small business headquartered in Washington, DC. DCMC's leadership team members have each held senior emergency management positions for more than 25 years. While at the Federal Emergency Management Agency(FEMA),they helped overhaul the agency and build the nation's preparedness, mitigation, response and recovery programs.They subsequently co-founded and were the driving force in the rapid growth of a leading provider of emergency management, disaster recovery, and grants/program management services,where they delivered high-quality consulting and staff augmentation support to their clients for more than 14 years,establishing the firm as an international leader in the industry. After that company was sold in 2014, Mark Merritt, Barry We have responded to and managed recovery efforts in the Scanlon, and Drew Sachs created DCMC aftermath of nearly every historic disaster in the past twenty- Partners to continue work on these five years.DCMC Partners'executives and team of industry experts important issues. have decades of disaster management experience responding to and recovering from disasters,including(but not limited to): • 2001:Tropical Storm Allison in Houston DCMC's technical experts leverage decades • 2003:Hurricane Isabel in Virginia and Super Typhoon of experience working on all aspects of Chata'an in Guam complex disaster recovery to help clients • 2004:Hurricanes in Florida and the Cayman Islands;and succeed in aftermath of a crisis. Many of the Indonesian Tsunami disaster DCMC's senior managers,staff,and cadre • 2005: Hurricanes Katrina and Rita in Florida and Louisiana of disaster management specialists are • 2006:Tropical Storm Ernesto and the severe storms in former policy makers and program Virginia professionals at the state and federal • 2008: Great Midwest Floods in Iowa and Indiana; Hurricanes Gustav and Ike in Texas levels, helping shape government • 2010: Deepwater Horizon(BP Oil Spill) programs, regulations,and policy related to • 2011:Midwest Tornado Outbreak(Joplin,Missouri);The emergency preparedness, response, Red River Flood (North Dakota);Tropical Storm Irene in recovery and mitigation. Our guidance in Vermont these areas is informed and based on • 2012:Hurricane Isaac in Louisiana;Superstorm Sandy in practical experience. New Jersey,New York and Connecticut • 2013:ExxonMobil Mayflower,Arkansas Pipeline Spill DCMC's Partners and the team proposed • 2016:Louisiana Floods; Hurricane Matthew for this engagement have helped clients Our engagements have also included the full spectrum of services justify,secure,manage and retain well required after a disaster,including immediate response over$21 billion in FEMA funding since management support and staffing,FEMA and other program 2001 (approximately$11 billion of which management,executive advice and counsel,recovery program being associated with projects at the local development and implementation,grants management,close-out, level),plus billions more from other and audit support. departments and agencies and insurance. —We have been successful at securing far 1 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 more assistance for our clients than originally offered by FEMA and insurance, with total added value measured in the billions of dollars.These efforts have helped our clients rebuild better and stronger, and obtain the funding to fuel recovery. We offer a "one-stop-shop"for all of disaster recovery needs. Our team includes executives who have designed and managed every aspect of large-scale recovery programs,as well as specialists in every area referenced in the RFP.With our many years in the emergency management and public safety industry, and the reputations they have earned as a result, DCMC Partners also brings to bear one of the largest networks of experts who can assist clients with the emergency management challenges they face, no matter how complex or unique. DCMC Partners draws from a team of hundreds of consultants with expertise in all aspects of emergency response and recovery. Our team is highly familiar with Texas geography,disaster history,state and local government agencies,elected officials, businesses,and communities, having provided direct assistance to many East Texas jurisdictions and the University of Texas System (UTMB in Galveston and UT Children's Hospital in Houston) after both Hurricane Ike and Tropical Storm Allison.The breadth and quality of our firm's network differentiates DCMC Partners from others in the industry, and ensures that we can address virtually every need their clients may have. Team members are available 24/7 to support clients as they respond to and recover from emergencies. The RFP requests the information below for each firm. Since our firm was formed recently in 2015, we have included a table that lists both the experience of our firm and the collective experience of the 5 key staff listed in our proposal. We believe the experience of our team members is a better indicator of expertise and future project success. When other firms provide their numbers, many of them rely on the accomplishments of staff no longer with their teams. Instead,our team of employees has the actual experience necessary to guide the City's recovery efforts. Required Criteria, RFP§1.1 DCMC Firm Experience DCMC Key Staff Experience (in past 2.5 years) (proposed four staff only) Approximate number of Project Approx. 1,150 Approx. 22,000 Worksheets prepared and submitted on behalf of clients Provide approximate amount billed and Approx. $1.6 billion Approx. $11 billion received on behalf of municipalities in disaster related recovery All FEMA Regions in which it has worked All All National Fire Adjustment Co, Inc. (NFA) Overview Rounding-out the DCMC team is National Fire Adjustment Company(NFA),the largest NA public adjusting firm in the United States and Canada,who can provide insurance resolution services with the City of Pearland's insurers to complement the FEMA-related sT""" insurance expertise provided by DCMC. NFA works for insured clients, not the insurance company. Over the past nine decades, NFA has served over 40,000 clients and handled loss adjustment claims worth hundreds of millions of dollars. Since 1922, NFA's trained staff of licensed adjusters, estimators, appraisers, certified public accountants and attorneys has assisted clients with claims due to fire,water, windstorm, hurricanes,explosions, and other perils. 2 September 20,2017 DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 NFA staff responds to disasters seven days a week, 24 hours a day. NFA adjusters handle every detail of the claim,working closely with insured clients to provide the most equitable and prompt settlement possible. NFA inspects the loss site immediately, analyzes damages, assembles claim support data, reviews the insured's coverage, determines current replacement costs and exclusively serves the client. NFA uses leading technology to ensure that clients get a thorough and complete claim that maximizes their insurance recovery. NFA is an accredited member of the National Association of Public Insurance Adjusters(NAPIA) and has two past NAPIA presidents on staff. 1.2 Summary of Staff Qualifications The DCMC team is both tested and proven, having provided municipalities with preparedness expertise, recovery support, and FEMA and other agency program implementation assistance for more than two decades. DCMC's partners have served as trusted advisors of CEOs, Governors, Members of Congress, Mayors, City Department Heads, and other leaders as they navigate crises. DCMC's team members have managed thousands of projects, both large and small, providing oversight and accountability.Team members have designed,staffed and implemented effective recovery programs involving the securing, management, and retention of over$24 billion in both FEMA and insurance funding. DCMC Partners has helped clients resolve some of the most complex public and business policy challenges. Our team brings real-world experience and knowledge highly sought-after by governors, mayors,and emergency management/public safety practitioners worldwide. DCMC's larger team includes subject matter experts in all facets of recovery that may be needed by the City of Pearland,and can "flex"the team size and composition for Pearland on an as-needed basis to meet any requirements of this engagement.At the request of the City,we can call on over 150 recovery specialists (covering all specialties required to address FEMA and other agency support needs) and more than 30 licensed insurance adjusters to address whatever issue or task the City of Pearland requires. DCMC has the ability to identify the right people with the right experience to meet the City's disaster needs in the timeframes requested. The experience,dedication, and professionalism of our team members make DCMC unique. For this effort,we have proposed an initial team of four key project staff.The following pages include brief profiles of our key members. If desired,we can provide the City with additional staff descriptions. We have experts in every disaster management specialty. Mark Merritt Project Role:Principal Mark Merritt is one of the most experienced and respected disaster recovery consultants in the United States, having served in leadership roles in nearly every significant disaster in the country over the last 25 years. After graduating from West Point and serving in the U.S.Army, he went to FEMA where he worked in leadership positions in the agency's Response and Recovery Directorate and as FEMA Chief of Staff,among other positions. Mr. Merritt managed multiple large-scale disaster debris clean-up operations;worked with clients to navigate the challenging regulatory areas of insurance and government reimbursement;and supported clients in evaluating,financing,and executing opportunities to rebuild after disasters. 3 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 He has led teams directly responsible for billions in federal reimbursement, including$17 billion in FEMA Public Assistance and $3.5 billion in FEMA Hazard Mitigation Grant Program funding. Mr. Merritt oversaw the close-out and related problem resolution associated with over 10,000 FEMA Project Worksheets and HMGP grants. He has worked some of the largest and most complex disasters in the history of the U.S. and its territories, including large-scale disaster recovery efforts for: • The States of Louisiana (after Hurricane Katrina and subsequent storms, up to and including the 2016 Floods), New Jersey(following Superstorm Sandy), Indiana and Iowa (after the devastating 2008 floods), and nearly two-dozen additional states; • Hundreds of local governments and other sub-grantees, including the City of Orlando and thirteen other cities/counties in Florida after Hurricane Wilma;the cities of Houston and Galveston (in the aftermath of Hurricane Ike);the University Texas System (after Tropical Storm Allison and Hurricane Ike);the City of New Orleans (Hurricane Katrina Recovery); and many, many others. These and other clients attribute billions in funding to Merritt and his team that they would not have otherwise received from the federal government. Mr. Merritt has worked alongside federal officials to create recovery policies,train new recovery experts, define federal-state-local organizational structures for recovery, and raise awareness of financial reconciliation programs. Andrew Sachs' Project Role:Principal Andrew Sachs is a Partner and Chief Strategic Officer at DCMC Partners. Mr. Sachs has helped oversee and manage large interdisciplinary teams to implement the FEMA recovery programs, including both the Public Assistance and Hazard Mitigation Grant Programs. In this capacity, he helped establish and manage the largest HMGP program in U.S. history(for the State of Louisiana, involving over$2.5 billion in mitigation funding), as well as dozens of projects in support of municipalities implementing home acquisitions,elevations,and other mitigation investments. He has also overseen Public Assistance engagements and projects involving billions of dollars of funding for State and municipal projects nationwide. Over his tenure, Mr. Sachs has gained a reputation as a national leader in strategic and long-term recovery planning and implementation efforts for complex recovery operations. He served as a senior recovery advisor to the Office of Governor Chris Christie and helped the State of New Jersey establish and manage the Governor's Office of Recovery and Rebuilding (GORR) in the wake of Superstorm Sandy. In 2011, he helped lead efforts in the Gulf Region to establish a recovery infrastructure for BP in the wake of the Deepwater Horizon oil spill. In the aftermath of the catastrophic Midwest Floods of 2008, he was a trusted advisor to the Governor, designed and helped lead the Rebuild Iowa Office to develop a statewide long-term recovery plan and coordinate recovery efforts statewide, managed the State's crisis communications effort,and oversaw teams helping to the state to obtain and maximize funding under the Public Assistance and Hazard Mitigation programs. In the aftermath of Hurricanes Katrina and Rita in 2005, Mr. Sachs was one of three senior executives tasked with leading the recovery team in Louisiana. He helped design and implement the Louisiana Recovery Authority(LRA),an entity established to identify and coordinate overall recovery efforts, establish priorities, receive and distribute appropriated relief funds, and provide a single voice for the State on recovery issues. Sachs has since served as a senior advisor to both the Governor and Executive Director of the LRA on matters related to disaster response and recovery. 4 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP # 0917-64 Mr.Sachs' positions at FEMA included Chief of Program Outreach for the Mitigation Directorate;Special Assistant to the Associate Director for Hazard Mitigation and Response& Recovery Directorates. He developed partnerships with private sector organizations, non-profit groups and other government agencies to promote preparedness, continuity planning,and hazard mitigation,as well as influence policy design and program delivery. He participated in dozens of Presidentially-declared disaster operations(both at headquarters and in field capacity),to include management roles in hazard mitigation outreach and community relations. Mr. Sachs negotiated and prepared interagency agreements between Federal departments in support of mitigation activities. He also served as the principal liaison to the White House and FEMA's Office of Congressional and Media Affairs. Mr. Sachs was involved in policy development and planning for all aspects of mitigation programs and operations. John Cavanagh' Project Role:Senior Disaster Recovery Specialist John Cavanagh has approximately 40 years of experience in emergency management. He routinely serves as a lead disaster specialist where he coordinates between FEMA and applicants, specializing in all aspects of the public assistance program, including eligibility determination,damage assessment, inspections, improved/alternate project formulation,document submissions,and review of project worksheets. Over the past nine years,John has worked as a lead state liaison officer in Louisiana,as a state public assistance coordinator in Iowa, as lead project officer for the City of Galveston, as lead disaster recovery specialist for various applicants on Long Island NY and in Illinois and most recently,as a result of Hurricane Sandy,served as a problem resolution officer and closeout specialist for State and local governments seeking recovery assistance from FEMA in New Jersey. Previously,John was the deputy state public assistance officer for the Iowa Homeland Security and Emergency Management (HLSEM) Office.John began his career in public assistance in Iowa during the 1993 Midwest Floods, and worked an additional 11 disasters as well. Overall,John has worked in the Public Assistance (PA) program engaged a variety of capacities during 26 federally declared disasters. Jim Harris' Project Role:Senior Disaster Recovery Specialist Jim Harris is a dedicated professional, Construction Manager and Operations Specialist with a 30+year record of successfully overseeing all phases of multimillion-dollar construction,superfund, environmental and government projects.Jim is an accomplished expert in FEMA recovery programs (Public Assistance and Hazard Mitigation), having served in a variety of both specialist and management positions over his career. He provided expert assistance with FEMA Public Assistance and Hazard Mitigation Programs for multiple disasters in Nassau County, NY(Superstorm Sandy), Montpelier,VT (Tropical Storm Irene), Baton Rouge, LA(Hurricanes Katrina, Rita,Gustav and Ike), among others.As part of the FEMA Technical Assistance Contract (PA-TAC)Team,Jim served as a senior manager and crew leader for FEMA activities in the wake of Hurricane Ike in Texas. As Public Assistance Crew Leader(PAC) he was in charge of three major applicants:The City of Galveston; Galveston Parks Board of Trustees; and Odyssey School. Mr. Harris supervised 16+ project specialists,and acted as a FEMA representative who worked with the applicant to resolve disaster-related needs and to ensure that the applicant's projects are processed as efficiently and expeditiously as possible. His main responsibilities included conducting the kick-off meeting with the applicant and project specialists; making sure to provide continuous updates of information on meetings, project timelines,and any issues that arise; reviewing all project worksheets to ensure all pertinent data has been provided in accordance to the project formulation process and federal regulations;and ensuring continuity of service throughout the delivery of the Public Assistance Program. 5 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 2.0 Technical Approach/Project Plan DCMC Partners understands that the City of Pearland is looking to secure expertise and staffing support to manage its responsibilities associated with FEMA's PA and HMGP programs, helping to reimburse costs for reconstruction while also reducing future risk and making the City more resilient from future events.The City needs to maximize insurance claims and balance that against FEMA eligibility to maximize total resources for recovery. And,just as importantly, Pearland needs a strategic advisor and planning partner that brings substantial experience with large and complex disaster recovery efforts such as this one,so that the City can take advantage of opportunities to build back better,smarter, and more efficiently,and maximize the potential to leverage funding across multiple funding programs to achieve results. We provide substantial expertise that will enable the City of Pearland to not only live up to its responsibilities under the programs, but also approach their recovery strategically,engage the community and other stakeholders, and help build consensus around an approach to reconstruction that best meets its interests now and in the future. By leveraging our experience and knowledge of best practices and past precedent,we can help speed recovery assistance, resolve disputes with FEMA, and maximize the amount of federal assistance available. Since the recovery process and timeline will be conducted in collaboration with FEMA,the State, and the City; and since the approximate number and types of facilities damaged—and estimated costs and complexity of these projects—are largely unknown to date, DCMC has proposed a project plan with broad parameters that is designed to "flex" based on the unique needs of the City of Pearland. Our approach involves the initial deployment of a small management team to engage on critical tasks and evaluate the City's recovery needs before proposing a recovery staffing structure and framework. Approaching the project in this way allows DCMC and the City to better understand what may be necessary,ensure that we have the right team in place with the right skills to address specific City of Pearland needs,and fine-tune the engagement over time to address those needs while minimizing the cost of our team's engagement on the City At the start of the project, DCMC proposes assigning two staff—John Cavanagh and Jim Harris—to work on-site for approximately 50 hours/week, initially accompanied by one of the firm's Partners in order to fully assess the scope and complexity of recovery efforts in Pearland and evaluate staffing and expertise needs for the engagement.They will begin work gathering documentation for Project Worksheets and assembling case files. In the first three to five days,they will determine the nature and complexity of losses, propose an initial staffing plan,and identify resources to propose to the City for the engagement. Based on past experience,we assume that the team will prepare small Project Worksheets within the first 60 days,and begin work with City Departments to gather documentation for those as well as larger projects that will take longer. We will likely aim to have the large Project Worksheets prepared with FEMA so the agency can take action to obligate funds within the 6 to 12 months. If there are particularly large,complex, or controversial projects, we expect to continue working on those until 18 months into the project. 6 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 As part of this engagement, DCMC will work with the City to evaluate existing and proposed policies, protocols, contracts, and systems with an eye toward ensuring compliance with FEMA and other agency needs. We will look closely at the City's finance systems—the types of reporting available and how they track personnel time—to ensure documentation is compliant with FEMA requirements. Our team will review/evaluate available documentation by department, ranging from how support was or will be procured to invoices and other project documentation submitted to FEMA to justify claims,so we can provide a highly detailed review on documentation and systems, offering recommendations on how to address gaps. The duration of the engagement will depend on the nature and amount of losses experienced,the quality of existing documentation. We expect Mr. Cavanagh and Mr. Harris to continue to work approximately 50 hours a week for the duration of the project. As the needs of the City evolve over the course of the recovery project, DCMC Partners has the ability to bring in additional specialists as needed and approved by the City,or to downsize operations based on workload. Staff time needed from the City will depend on the extent of damages, documentation availability, systems in place,and the extent to which the City would like to engage the consultant team. For example,would the City want to contract the project management of recovery efforts? DCMC will need information from staff on damaged facilities and their pre-disaster design,function and condition; details on City of Pearland ordinances and policies that impact the recovery process; and copies of all contracts and agreements related to recovery expenses. We would work with Finance team to share info about submitted and received project funding requests,and would expect them to make necessary payments (although DCMC can provide surge staffing support for this function if needed). In addition, some of the greatest value that DCMC provides is the ability to strategize with clients on how to best address and prioritize recovery activities. At the City's request,our team can serve as a resource for Pearland elected officials and department heads, in the capacity to help avoid problems and maximize assistance. DCMC can work with and will provide documentation in multiple formats to include MS Word, MS Excel, as well in .pdf and .jpeg files. All of the systems that our team and FEMA use generate data in these file types. However, FEMA's process is designed to work with what is available at the local level. If there are other forms of documentation available,we can work with the City to provide those files to FEMA to justify claims. Please also refer to Section 4.0 of our proposal for additional detail on DCMC Partners'experience, approach to, and plan for delivering disaster recovery consulting services to the City of Pearland. 3.0 Cost Proposal To provide the services and deliverables described above, DCMC Partners proposes the following rate schedule,which represents a significant discount from the rates found in our contract with HGACBuy. As noted in the RFP, any non-labor projected costs such as for travel, lodging, per diem, rental car,fuel, and other necessary expenses will be billed to the City of Pearland at cost and without any markup. Consistent with FEMA rules, DCMC proposes using the federal General Services Administration (GSA) 7 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 schedule to govern how we account for reasonable project expenses,which is routinely utilized by federal departments and agencies (including FEMA) for similar purposes. HGACBuy Pearland DCMC Position Titles RFP Position Titles Contracted Rates Discounted Rates Principal; Insurance Senior Advisor for Disaster Adjuster Recovery $178.00 $165.00 Senior Subject Matter Expert (SME); FEMA Appeals Specialist Insurance Specialist $158.00 $143.00 Technical Assistance Liaison— Financial Management and SME Administrative Oversight $144.00 $130.00 Project Manager Project Manager $155.00 $145.00 Disaster Recovery Specialist*; Senior Recovery Specialist Mitigation Specialist* $134.00 $125.00 Debris Specialist; Mitigation Specialist*; Disaster Recovery Recovery Specialist Specialist* $125.00 $116.00 Technical Specialist/ Technical Assistance Liaison— Engineer Operations $127.00 $119.00 *DCMC normally offers Recovery Specialists to its clients at two different rates that reflect their level of experience,which permits us to offer additional savings for some deployed personnel when more senior staff are not required. For that reason,we are proposing to apply the RFP title of"Recovery Specialist" under two different titles/rate categories found within our HGACBuy rate schedule("Senior Recovery Specialist"and "Recovery Specialist",respectively). 4.0 Scope of Services/Primary Tasks Throughout this engagement,the DCMC team will provide the services described in the RFP and any additional support that the City might need during the recovery period. 4.1 Advise City of all available federal and state assistance including, but not limited to, FEMA,CDBG- DR, CDBG. Immediately upon engagement, DCMC would begin working with City staff to discuss what opportunities may exist to reshape the City through its rebuilding process, as well as to address and resolve key issues that may hinder re-establishment of"normal" operations.This engagement will help the City of Pearland capitalize on the recovery as an opportunity,and not just view reconstruction as simply building back as it was before. Our team brings experts who are highly experienced—nationally recognized, in fact—in the field of long-term recovery and the implementation of recovery programs funded using appropriations from HUD (CDBG), FEMA, EDA, USDA, USDOT,and many other departments and agencies. We have also led 8 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 some of the largest and most complex recovery planning and implementation efforts in the U.S., involving billions of dollars of FEMA Public Assistance and Hazard Mitigation Grant Program aid, plus we led the design and implementation of associated recovery programs using supplemental funds (including programs implemented by the Louisiana Recovery Authority after Hurricanes Katrina/Rita,the Rebuild Iowa Office after the 2008 Midwest Floods,and the Governor's Office of Recovery and Rebuilding in New Jersey after Superstorm Sandy), as well as many CDBG programs (using both regular and "DR" funding) delivered at the local level to support property acquisitions, elevations, and infrastructure restoration. DCMC can leverage this experience to support community engagement and City-wide planning efforts,develop new programs and initiatives for and with the City, and to implement programs funded with supplemental appropriations from Congress should they be provided. 4.2 Advise and develop methods to maximize federal and state assistance. Our staff will provide advice, project development support, review and monitoring services to ensure that the City takes full advantage of the PA program, and that all costs are eligible and necessary to complete the project. DCMC will also ensure that all hazard mitigation opportunities are identified and implemented,where possible,to help maximize funding and help the City rebuild safer,stronger, and smarter than before. We will act as advocates for the City of Pearland. Our staff's comprehensive knowledge of the PA and HMGP requirements, and how those programs integrate (or have trouble integrating)with assistance provided by other agencies,will also ensure that projects are managed in accordance with all rules and regulations, and our experts will work alongside the TDEM and FEMA PA staff to identify and prepare small and large projects in a manner that is in the best interests of the City. This will assure that the City receives all of the disaster assistance to which they are entitled. Misunderstandings and conflicting interpretations in the PA program are relatively common occurrences, and with the substantial background and expertise that DCMC offers,we are in an ideal position to bridge gaps in understanding and to improve communications at all levels.As consultants for the City of Pearland,we will meet with TDEM and FEMA individually,and, if necessary, bring both parties together to discuss disagreements and differing interpretations of policy and past precedent. In our role we will serve as advocate for the City and make sure its interests are best represented. We do this by: • Drawing upon established relationships with TDEM and FEMA to achieve results • Working directly with TDEM and FEMA PA staff and leadership to identify issues and disagreements • Identifying and discussing the applicability of past precedents and policy • Representing the interests of the City, and • Developing and recommending new approaches, as required,for maximum program flexibility. DCMC's experts have historically proven highly successful in this advocacy role, including as the disaster program lead for the University of Texas System and the Cities of Houston and Galveston after the 2008 Hurricane Ike disasters. 4.3 Provide oversight and advice to City relative to Hazard Mitigation. As part of this engagement, DCMC will draw upon its significant experience with the HMGP program and with "406 Hazard Mitigation" (which is mitigation funding that can incorporated into the repair of eligible facilities)to identify mitigation opportunities. We will also advise the City about other potential funding streams that may be used for similar purposes or to match FEMA funding(such as CDBG-DR 9 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 funding)to maximize opportunity to incorporate resiliency measures into the recovery period and minimize potential associated costs. As Project Worksheets are developed, DCMC will engage with City personnel and technical contractors to identify potential cost-effective mitigation measures that can be added to eligible repair work,as well as mitigation that may not be associated with specific damages but which could benefit the City now and into the future. For those related to actual damages, DCMC's experts will engage with FEMA to make sure that those mitigation options are considered,justified, documented properly,and incorporated into Project Worksheets to the maximum extent possible. In most permanent-repair Project Worksheets,our experts are able to justify mitigation measures that will add to the value of recovery resources for our clients. We have successfully added billions of dollars in 406 Mitigation to Project Worksheets over our careers,contributing to improved resiliency of client facilities. DCMC will also prepare and oversee applications for Section 404 HMGP funding that the City can use to implement cost-effective risk-reduction opportunities during the recovery period without regard to whether those measures are related to damaged elements. Since 2001,DCMC team members have helped develop, manage, and/or secure nearly$3.5 billion dollars of HMGP dollars for our clients and their stakeholders, representing thousands of individual projects. We have also developed supporting documentation and engaged closely with FEMA and State representatives to best position our clients' HGMP applications as they are reviewed and prioritized in light of competing needs elsewhere, improving the odds that their projects will be funded. We will work with the City's construction contractors to fully scope projects and identify alternatives,conduct benefit-cost analyses, and address other project requirements including environmental and historic preservation reviews. We will also coordinate closely with TDEM and FEMA to build support and educate them on the City's needs. One key component to any successful HMGP project is the effective use of FEMA's benefit-cost analysis (BCA) methodologies.While FEMA often describes the BCA as a mathematical formula that allows FEMA and TDEM to evaluate projects on a level playing field, DCMC has found over the years that the BCA methodologies are as much of an art as a science, and mitigation projects can be evaluated differently through the expert application of costs and benefits used to generate the benefit-cost ratio. For this reason that DCMC utilizes FEMA BCA experts—including personnel who were involved in the development of the current and prior versions of FEMA's BCA software tool—to provide BCA support for our clients' projects. Their use can often make the difference between a successfully funded project and one that fails to be selected or does not qualify based on an evaluation of benefits vs. avoided future losses. 4.4 Coordinate and develop all Project Worksheets as required. DCMC's experts will support the City of Pearland and its building contractors with damage description, assessment,design,scopes of work, and cost schedules, in an effort to provide FEMA with as much information as possible to support the City's recovery needs. Our staff will furnish assistance with contract advice, review and monitoring to ensure that the City can take full advantage of the PA program, and that all costs are eligible and necessary to complete the project as defined and included in the approved scope of work(including mitigation measures,where practicable). We will then work with FEMA to encourage that the Project Worksheet documentation that they prepare benefits the City of Pearland. DCMC will also help the City prepare project files and associated documentation that meet FEMA and State requirements, maintaining support documentation for all FEMA Project Worksheets to 10 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 justify requests for reimbursement. Through the Project Worksheets process,there are five primary ways in which DCMC will assist the City in maximizing funding: • Advising on Section 404 and 406 Hazard Mitigation Opportunities DCMC has worked extensively with both the Section 404 HMGP program,as well as the Section 406 Mitigation Program (under PA), and can provide technical assistance in the development and delivery of mitigation assistance,as required. Our staff will work directly with the City to educate their key personnel and contractors on mitigation and program requirements, help identify mitigation opportunities through site surveys,and provide technical assistance in the development of project applications,as required.Throughout this process, DCMC will work hand-in-hand with TDEM and FEMA representatives to maximize the chances of approval of submitted projects. • Preparing Small Project Worksheets Our field staff will assist the City in identifying and preparing small Project Worksheets,completing damage descriptions, assessment, design,scopes of work,and cost scheduled,and incorporating them in a form that will reduce the chances of running into problems with FEMA and the State. By providing the City with the ability to shape its own small project PWs,we can provide maximum funding and flexibility to the City of Pearland as they implement these projects. • Supporting FEMA's Development of Large Projects For large projects, FEMA retains the authority to prepare Project Worksheets documentation, however DCMC has utilized a tested methodology that involves handing FEMA representatives the information they need—complete and in the form they are looking for—so that we can better influence what is written in those Project Worksheets and avoid future problems. Once large Project Worksheets are approved,we will furnish assistance with contract review and monitoring of repairs and rebuilds to ensure that the System receives full advantage of the PA program, and that all costs are included and found to be eligible and necessary to complete the project as represented in the approved scope of work. We will also ensure that all mitigation opportunities are identified and incorporated in large projects where possible. When necessary,the DCMC staff will work closely with the City and its authorized contractors to develop, review and submit both design and construction schedule information to TDEM and FEMA for approval.This is critical to the process,especially when long-term reconstruction projects require time extensions in order to be compliant with FEMA regulations. Such construction schedules may also be used by the State to justify advances of funding for project work yet to be completed when applicants will have trouble obtaining the resources to front-fund project work on their own. • Advising the City on Requests for Improved or Alternate Projects DCMC's experts will inform the City about the opportunity to utilize PA repair funds toward alternate projects, or if they wish to improve facilities to meet current needs rather than those in existence at the time of original construction. While this may be highly advantageous to the City under the right circumstances,the rules guiding how such projects become eligible change, posing added risk if not handled properly. Should the City identify alternate or improved projects,we will consult with City staff and contractors regarding program timelines, help assess whether to pursue such funding, inform the City about eligibility and documentation requirements,and discuss options 11 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 before working with TDEM and FEMA PA staff to modify Project Worksheets with alternate or improved project status in mind. • Reviewing Project Worksheets and Resolving Issues Prior to Approval and Funding As FEMA prepares the final Project Worksheets for funding, our staff will review preliminary Project Worksheet documentation and work as advocates of the System. We will immediately bring to the attention of the State and FEMA any misunderstandings or problems that may arise involving any aspect of eligibility,funding,or the program in general. Our relationships with both TDEM and FEMA, and recognized expertise will allow us to work directly with both agencies to identify issues and disagreements. We will also work to develop and recommend new program policies and protocols, as required,for maximum program flexibility should unique circumstances arise related to the City's recovery projects. DCMC experts have proven highly successful in this advocacy role. 4.5 Provide guidelines for City of Pearland staff to submit existing documents to best suit the documentation requirements of FEMA and other federal and state agencies. DCMC is committed to working with and educating our clients on the FEMA process, including documentation needs. This will also be the case for the City of Pearland. Our experts will provide guidance and training on required documentation, contractual requirements,and other issues as part of working with the City to develop and implement a robust grants management process and procedures for documentation related to funded projects.The process/procedures will be developed so that project files will fully describe project scope and costs in a manner that meets FEMA expectations, and ensures it is suitable for program review,close-out, and audit. Our team members will implement and manage this system,and concurrently work with the City's Finance Department and other City department leaders to continually educate them on project requirements and documentation needs so that mistakes are minimized and the City's financial risk is reduced.Throughout the life-cycle of the disaster, DCMC also reviews and evaluates project/grant files on a continual basis,thereby providing repeated checks and quality control opportunities on an ongoing basis. The success we have had in providing this type of support has been significant, allowing our clients to avoid problems in the reimbursement process. Most recently,for our work with Tangipahoa Parish Schools in Louisiana, even FEMA staff noted that our involvement and quality documentation of the System's claims has successfully advanced recovery efforts more quickly and have lowered financial risk to the System during future program reviews and audits. 4.6 Assist to resolve insurance and possible duplication of funding issues. To the degree that the City of Pearland had insurance that covers at least a portion of losses, DCMC Partners can help analyze and review their insurance policy language to determine potential gray areas in coverage and to devise a strategy for maximizing insurance eligibility,especially concerning flood damage. Our experts will view the loss locations with the City's staff to determine what emergency measures have been taken and to develop short and long-term strategies for logistical issues as they relate to potential coverage. As part of this process, our team will also work closely with both insurers and FEMA in an effort to balance claims with FEMA program eligibility so as to ensure that the City receives all the funds to which it may be entitled (since how an insurance claim is adjusted can, at times, increase or reduce FEMA eligibility). We will also organize meetings with the insurance company and their"experts"to discuss mutual goals, issues of coverage,funding advances made to support ongoing expenses and emergency needs,claim settlement,and other important matters.The DCMC team also 12 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 includes Texas-licensed insurance adjusters from NFA,should the City wish to have expert support with the resolution of insurance claims with the NFIP and other insurance companies. 4.7 Assist in getting the necessary legal documents for proper filing. In many cases,financial reimbursement claims may depend on having the appropriate legal documentation to back them up. State law, local ordinances and policies, building standards, labor agreements,contract language, and other legal documentation can be key to maximizing assistance and ensuring that grant awards are protected from future audits and deobligations of funding. To address this, DCMC will complete research and/or work with the City to obtain the necessary legal requirements,guidance documents,agreements and contracts associated with the City's recovery projects and will incorporate that into case files and use it to justify funding requests. 4.8 Advise City of Pearland staff on document retention strategies. Proper document retention is critical to maximize funding and to ensure that the resources received are retained over time. DCMC will work with the City to ensure that its staff establishes project files that meet FEMA requirements and properly justify project information/costs and the rationale associated with key decisions that may impact project design and funding. We will also help departments organize a retention system that is meaningful for and integrates with their needs,so that the project files can be useful in the future should there by a program review, audit,or Inspectors General finding. The system will contain all project files and materials in a manner that is not only complete, but also easy for FEMA to understand. DCMC will provide guidance to the City on how long to maintain the project files so staff is prepared for potential program review, close out or audits. 4.9 Coordinate with City of Pearland staff to obtain all cost and necessary backup documentation to develop, revise and submit Project Worksheets. DCMC recognizes that City staff may have much of the information we will need to secure and manage FEMA funding, because they are familiar with facility design and use, maintenance schedules, pre- existing conditions,contracts,systems and policies,and other matters that pre-exist DCMC's involvement. For this reason,we begin every engagement by coordinating with our client to understand and put into context the damages that they have experienced, identify their current and future plans for those facilities,and learn what they are already doing so that it all can be evaluated in light of FEMA requirements and expectations. We will also engage with the City's technical and construction contractors(and other, as necessary) so that we can obtain,evaluate,and present project documentation in a manner that best justifies project funding and the type and nature of repairs/ mitigation that the City wishes to obtain. DCMC's intent in working with the City, however, is not to overwhelm them with requests; our team understands that City staff have regular day jobs that need to be performed to ensure the continuation of City services. For that reason,we will work according to the schedules and availability of City staff to the maximum extent practicable, and will try to minimize disruptions to their daily routines. 4.10 Track status of FEMA and other agency reimbursement and serve as a co-liaison between FEMA/other agencies and City of Pearland. DCMC's recovery experts will maintain documentation that tracks the status of all projects under development,as well as all Project Worksheets and funded projects, so that their status is always known 13 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 and project information can always be evaluated. We will also maintain access to EMMIE, FEMA's grant tracking system,so that we can see not only what we believe the status to be, but can compare that with what FEMA has recorded in their system. This monitoring of status is a key component of any DCMC engagement,and is important to both ensure our clients have the information necessary to make good decisions and to ensure that projects do not get "hung-up"or experience unnecessary delays or problems in the obligation process because of lost or incomplete documentation. We also hope to coordinate closely with the City's Finance Department to ensure proper tracking and recording of both payments and reimbursements as they occur. When a disaster results in the addition of alternate funding streams to City projects(either separate or in combination with FEMA funding),the situation can become even more challenging. Our experts can access and track grants across multiple programs,ensuring that those resources can be tracked, monitored,and reported upon separately but within the context of a holistic project or group of projects. Because of our expert knowledge of recovery funding programs and our experience with grants management,the DCMC team will track funding program requirements and make sure that they are all addressed in project development, design, construction, documentation development,and financial close-out. This can become quite complex and even repetitive at times, particularly when incorporating funding from multiple sources/programs, each with their own rules and requirements,to achieve a single objective such as the reconstruction of a building or restoration of a piece of infrastructure. Our team is skilled at navigating these challenges,and has even worked previously with funding agencies such as FEMA and HUD to streamline the processes and documentation requirements associated with projects involving resources from multiple agencies to simplify the burdens on our clients during the recovery period. Due to our many years working with the many funding programs after a disaster, and our experience coordinating grant funding from both individual and multiple agencies,our team expects to serve as the primary liaison point with those agencies on behalf of the City of Pearland during the recovery period. It can be highly beneficial to the City of Pearland to use DCMC's expertise in this way, allowing the City to speak with one voice to the funding agencies.Also, Federal disaster recovery programs(including those from FEMA) are highly complex and is often built on a foundation of broadly-stated regulations and policy, past precedent and individual interpretation of rules and guidelines by FEMA's field personnel. This leaves many applicants who are impacted by a disaster at a significant disadvantage, because they cannot(and should not) be expected to know and understand everything that there is to know about those programs and how they have been applied both in Texas and nationally. DCMC's experts help level the playing field by delivering FEMA-and other agency-related technical assistance and providing advice and guidance throughout the life-cycle of their project development and grant implementation efforts. 4.11 Prepare the necessary reports to FEMA/other agencies and assist City of Pearland with extension requests,as necessary. DCMC is familiar with FEMA and other agency programs and requirements, including timelines and documentation needs. Using this knowledge,our team of experts will prepare reports to FEMA and other agencies on an ongoing basis to report on the status of projects, request funding, and/or request timeline extensions should they be necessary.As experienced practitioners with FEMA's disaster programs, DCMC's personnel are both highly knowledgeable and experienced in addressing programmatic timelines and arguing for suitable extensions where situations warrant. Our staff knows 14 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 how to address the legal and regulatory guidelines related to time extensions, as well as the programmatic flexibility that exists through policy and practice to provide extensions beyond written guidelines. 4.12 Advise City of Pearland on the management of the closeout process. DCMC team members have extensive experience providing close-out and audit support to clients. In fact, DCMC was recently selected by the State of Louisiana to provide close-out preparation services for high-risk applicants (defined as being ones with limited capacity, past problems with grant reconciliation,and/or particularly large grant awards that place them at significant financial risk of de- obligations if not handled properly). DCMC's Partners, including both Mark Merritt and Drew Sachs, were also responsible for the development of FEMA's original National Closeout Team during their tenures with FEMA.They developed and implemented many of the policies and procedures that are currently used today by FEMA to govern the close-out process.The DCMC team has a notable advantage over our competitors in supporting the City's close-out efforts. Close-out involves the review of the documentation related to a project, ensuring that all program rules were followed,and funding is accounted for. Improperly documented or inconsistently managed projects present sub-applicants and applicants with significant financial risk. DCMC views close-out as a process that starts at the beginning of every engagement,with support and technical assistance on project formulation, procurement actions,and project files development. We will work with the City from the beginning to understand any state-specific close-out requirements, and to meticulously document all recovery efforts and evaluate them per FEMA program requirements to ensure the City's ability to retain funding. With this in mind, DCMC's close-out efforts on behalf of the City of Pearland begins with the initial development of project files so that those records can be as "close-out and audit-ready" as possible from the beginning. At the end of the grant life-cycle, DCMC can provide focused close-out support. This involves the conduct of a systematic review of approved Project Worksheet scopes of work and associated documentation and cost information provided in project files to ensure that all costs are fully justified and all work is properly documented so that there will be few if any questions when TDEM's and/or FEMA's close-out teams arrive. Upon completion of the documentation review, our experts then prepare a project summary for the City that includes a description of any"gaps"found in project files,a list of final eligible and non-eligible costs (reconciled with the approved scope and budget found in the related Project Worksheet), and an accounting of related third-party refunds and/or reimbursements. If the FEMA IG's Office conducts an audit of any of the projects in Pearland, DCMC's experts will be available to support those efforts and serve as an advocate for the City and the sub-applicant, as appropriate. We can engage prior to the IG's arrival to assemble and review the sub-applicant's case files, identify any potential areas where problems might exist,and work to reconcile those issues to the degree possible. We can also assist the City with the review and response to draft and final audits in an effort to support the City's position(s) and minimize financial fall-out from negative determinations. 4.13 Assist City of Pearland in responding to Requests for Information from FEMA/other agencies. Our engagement with the City of Pearland will involve our team preparing and/or assisting the City with response to requests for information and other correspondence related to state and federal grants they may receive. Our knowledge of the many programs and agencies involved means that the content we 15 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP #0917-64 generate for such communications will fully describe project information in a manner that complies with Agency expectations and presents the City's efforts in the best light possible. 4.14 Advise City of Pearland staff on handling disputed issues with FEMA/other agencies and State staff. DCMC Partners possesses a comprehensive knowledge of PA and HMGP program eligibility requirements, as well as requirements for other federal disaster assistance programs. In fact,while at FEMA,we developed many of the program rules still utilized today in delivery of the FEMA programs, and our involvement in nearly every significant disaster since the early 1990s provides us with a view into how those programs have been utilized successfully to solve problems in the past,which can be used to justify City positions when disputes arise. We will leverage this experience to help guide (including when there is disagreement or a lack of clarity in FEMA regulations or guidance)eligibility determinations that are in the best interests of the City. We will immediately bring to the attention of the state and FEMA any problems or misunderstandings that may arise involving any aspect of eligibility,funding,or the program in general.We will also advocate for maximum benefits with TDEM and FEMA, drawing upon our team's comprehensive program knowledge. Our established relationships with both TDEM and FEMA,and our recognized expertise will allow us to work directly with staff and leadership of both agencies as needed to identify issues and disagreements,discuss the applicability of past precedents and policy,and represent the interests of the City. DCMC understands, however,that such efforts are not always successful. In addition to broad program knowledge, project personnel have extensive experience in preparing,arguing,and successfully resolving appeals in partnership with and on behalf of applicants. Should disagreements arise that cannot be easily resolved at the project level, DCMC will work directly with the City and State officials to determine the grounds for possible appeals,will help frame project information to best address programmatic rules and guidelines,and utilize tested methods of arguing and negotiating resolutions with FEMA in order to obtain the best possible results.This information can then be incorporated into a complete appeal document that provides the strongest and most supported arguments justifying the needs and positions of the City of Pearland. 4.15 Provide detailed and periodic management reports on the status of Project Worksheets including developments, revisions,submissions/approvals,open issues,financial overview,etc. Early in the engagement with the City of Pearland, DCMC will work with City officials to establish a regular reporting regimen where our team provides written summaries of issues, project status, and other information (as defined by the City)to assist with the City's ability to track work effort, concerns and priorities,and project status. The structure and frequency of such reports can be structured around City requirements. 4.16 Provide Cash Management reports showing the projected schedule for reimbursement requests and the actual status of reimbursements received. To the degree that the City wishes our team to provide support to its Finance Department for this engagement,our finance experts can work with the DCMC project team and the City's contractors to develop financial projections and cash flow projections to assist the City with the management of its resources vis-à-vis project requirements. Through this process,we can help the City to better 16 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 understand when funding will be needed,when reimbursement requests will be made,and minimize unforeseen impacts on City budgets and resources. 4.17 Provide City of Pearland staff accurate and current analysis on FEMA/other agencies regulations and best strategies for seeking reimbursements and possible grants. DCMC Partners possesses a comprehensive knowledge of federal PA and HMGP program eligibility requirements, as well as requirements for other federal disaster assistance programs. In fact, many of our team members were directly involved in the development of these programs and the related eligibility guidance while employed at FEMA earlier in their careers. DCMC's experts have been working with FEMA and other agency programs for decades and have helped shape disaster management guidance and policies at the federal level. Often our team members have more knowledge and experience than their federal agency counterparts in applying best practices and understanding past precedent to deliver results. We can bring this type of experience and knowledge to the City of Pearland and can consult with City leadership so that the City can better understand opportunities and limitations associated with Federal funding programs and more confidently engage with FEMA and other agencies so as to maximize resources and take ownership of the City's own recovery. Just as importantly, DCMC understands that not everything will be possible during the recovery period and in some circumstances the City's desired results may not be within reach.This can happen for many reasons, both related to recovery program design and intent as well as problems with contracting, documentation, and other matters. We recognize that at times the best recommendation we can made may be one designed to reduce the City's exposure to an issue rather than solve it. When such circumstances arise, DCMC will make sure that the City of Pearland understands the challenges that they are facing (or will face) during the recovery period, so that plans can be made to either address those issues head-on or make plans for every eventuality. DCMC is committed to providing only accurate information to its clients and the most appropriate recommendations for consideration,even when that may not be considered "good news." 4.18 Advise&counsel/coordinate City of Pearland staff efforts to perfect its overall public assistance/disaster recovery response. DCMC Partners believes that it is our responsibility as part of any engagement to educate our clients on the recovery process/programs and leave them in a better place than when we arrived.The same is true for the City of Pearland. It will be critical to not only deliver recovery services, but also work with City decision-makers and stakeholders so that they can understand what is happening,why,and what options they may have so that the City as a whole (including staff,systems,and contractors) can continually improve throughout the recovery period. Our experts will engage with the City of Pearland to: (1) describe and forecast the ebb and flow of the recovery period and educate our partners on the recovery programs and processes; (2) provide ongoing advice and guidance on how to maximize opportunities and minimize problems with FEMA,other agencies,the State an others; (3) help City staff understand reimbursement options under the Public Assistance (PA) program, including options such as standard repair, improved projects, and alternate projects; (4) educate City staff and officials about mitigation opportunities across the federal programs, as well as specific responsibilities under the PA and Hazard Mitigation Grant Program (HMGP) programs related to the incorporation of mitigation measures into reconstruction efforts; (5) outline program steps and estimated timelines;and (6) provide 17 September 20,2017 I DCMC Partners Proposal for Disaster Recovery Consulting Services RFP#0917-64 explicit guidance on documentation, records retention, and audit requirements. These efforts are critical in that they will build both understanding and capability within the City, as well as reduce the chances of problems arising during the recovery process. 4.19 Provide required accounting/financial management assistance. To the degree required under this engagement, DCMC can provide accountants and financial specialists who can work with the City's Finance Department to support accounting and financial management needs. The exact shape and form of this support will depend on the needs of the City, but our intent would be to integrate with the existing City team to augment their current activities and serve as a resource to others who may be involved in the recovery process. Our finance consultant(s)will also engage with the DCMC team working the FEMA and other agency programs to help provide transparency between those personnel and the City's Finance team,while helping to address potential backlogs and disaster-generated work requirements. 4.20 Other tasks, as warranted and/or required. Drawing from the depth of experience, our experts not only help process paperwork associated with recovery;we also help solve the problems that present themselves, resolve disputes,and provide expert guidance and support when existing programs and policy are insufficient to address unique needs that may arise after a disaster.This is where the DCMC team provides its greatest value—we can deliver results for our local clients where other firms struggle.Our team can provide the right people with the right experience and expertise to support the City of Pearland with whatever recovery challenge it may face. Our firm has access to specialists with both general and niche expertise in nearly every area commonly needed during the recovery period. With nearly 150 experts available,we anticipate the ability to support any and all tasks assigned by the City of Pearland within reasonable timelines and with appropriately-skilled personnel. Attachments Please refer to the following pages for copies of DCMC client reference letters and the required forms. I 18 September 20,2017 I DCMC Partners (1/4 GREATER NEW ORLEANS FOUNDATION April 20,2017 BOARD OF TRUSTEES Cheryl R.Teamer To Whom It May Concern: Chair Christian T.Brown I have worked closely with the leadership team at DCMC since immediately after Hurricane Vice Chair Katrina struck Louisiana in 2005. Since then, they provided invaluable support to me while I Leann O.Moses served as the Chief of Staff for then-Governor Blanco in the State of Louisiana;later as the Secretary founding Executive Director of the Louisiana Recovery Authority(LRA),charged with Robert A.Bories managing storm-related recovery and reconstruction efforts on behalf of the State;and as the Treasurer First Deputy Mayor of the City of New Orleans from 2010-2016. Over more than a decade, Ludovico Feoli Ph.D. the Partners at DCMC and the consultants they managed worked directly with me and my Past Chair staff,helped us secure and manage tens of billions of dollars of recovery funding from FEMA, HUD,and other sources,and provided strategic guidance, support,and expertise that made it David Barksdale possible for me, the State,and the City to successfully navigate some of the most complex Gayle Benson series of disasters in U.S. history. They have repeatedly proven their value,and I would Robert S.Boh Robert W.Brown recommend them to any community or organization that needs to prepare for crisis or Lynne Burkart manage complex recovery efforts. Arnold W.Donald David Edwards In the immediate aftermath of Hurricane Katrina,DCMC's leadership team (who were then Monica Edwards partners at James Lee Witt Associates) was brought in by Governor Blanco and myself to Alex Gershanik support the State with its response and recovery efforts. They brought much-needed expertise Rita O.Gue and highly qualified personnel that helped us stand-up our State's response management Conrad N.Hilton III capabilities,as well as initiate our engagement with FEMA. As the initial response effort Patricia S.LeBlanc Walter).Leger Jr. became more manageable, they provided both management support and 100% of our field Nancy M.Marsiglia staff for the FEIvLA Public Assistance (PA) and Hazard Mitigation (1-LMGP) Programs,quickly Monika McKay establishing operations and providing critical support to our local communities. Over the R.King Milling ensuing decade, they helped the State and its many impacted local governments and non-profit Elizabeth S.Nalty organizations to document,justify,secure,manage,and retain more than$20 billion in FEMA Charles L.Rice Jr. PA and HMGP funding. They used their extensive experience and detailed knowledge of the Arthur Roger disaster programs to help develop and obtain Agency approval for creative programs and Lynns R.Sloss solutions to our biggest recovery challenges,such as the New Orleans Recovery School Vera B.Triplett Ph.D. Steven W.Usdin District Global Settlement,the resolution of the Charity Hospital arbitration,and countless Madeline Doucet West others to speed our state's recovery and maximize our funding.DCMC's leadership team George V.Young helped us secure literally billions of dollars more in recovery funding than was approved in Luis Zervigon FEMA's initial responses to our applications. Andrew D.Kopplin The Katrina recovery efforts involved thousands of moving parts,including approximately 20 President&CEO federal funding agencies, dozens of State agencies,hundreds of local governments and non- profit organizations,economic interests in the private sector,and countless others. This required a new management approach. I worked closely with one of DCMC's partners who helped us design and eventually implement the solution to this complex challenge—the Louisiana Recovery Authority(LRA),a single coordinating body established by the Governor that could establish overall recovery priorities and speak with one voice on behalf of the State. CENTER FOR PHILANTHROPY 919 St. Charles Avenue, New Orleans, Louisiana 70130-3903 I 504.598.4663 GNOF.ORG April 20,2017 To Whom It May Concern Page Two DCMC's leadership team served as some of my senior advisors as I led this organization,helping us justify over$14 billion in supplemental appropriations on behalf of the State,design new long-term recovery programs to address housing,infrastructure,and economic recovery needs,and address critical policy and management challenges standing in the way of recovery. They also provided leadership for our 26-Parish long-term recovery planning effort,which involved the engagement of tens of thousands of impacted homeowners,businesses,and other stakeholders and the creation of planning document that guided recovery and reconstruction efforts for years to come. While any effort of the size and complexity of the LRA is not without its challenges, the support of DCMC's team helped us to make real progress and secure many significant achievements. And the model we built with their help was successful—so much so that multiple other states implemented similar models after they experienced large disasters (including Iowa after the 2008 floods and the States of New Jersey and New York after Superstorm Sandy),and the same structure and approach was by-and-large used again in Louisiana to manage the state's flood recovery in the wake of the 2016 flooding disasters. After I was asked by Mayor Mitch Landrieu to serve as First Deputy Mayor in New Orleans,I again worked with DCMC to help secure more than S1.2 billion in funding for previously unseen damages to road beds that had been flooded by Hurricanes Katrina and Rita. For more than a decade, the City noted that every time we opened-up our flooded streets,we would identify additional damages that could not be seen at the surface. We developed science-based modeling to prove that substantial additional damages existed,and for several years,we tried unsuccessfully to get FEMA to recognize the existence of these unseen damages and increase repair funding accordingly. At a critical point in our negotiations with FEMA,we added the expertise of DCMC to our team at the City to help us engage with FEMA and justify the additional resources. They helped us gain needed traction in our negotiations and,in early 2016,we were finally successful and FEMA approved the new funding. The leaders at DCMC are without question some of the most qualified and experienced firms in the country when it comes to emergency management and disaster recovery. And their experience and approach helps them solve problems,not just complete tasks or manage program documentation for their clients. They also approach their clients as partners,becoming a part of their team and working in their best interests. DCMC's partners have shown me through our work together and our acco plishments that they are the best in their field. I recommend them without reservation. Andrew D. K plin President&CEO Doris Z. Stone Chair in Philanthropic Leadership f5oberuor' office of ouietaith ecuritp (nth emergeIlcp Prepareaue5� Mate of lLouisiana tit JOHN BEL EDWARDS JAMES B. WASKOM GOVERNOR �''r� �,`i`r = DIRECTOR Ll; January 5, 2017 To Whom It May Concern: I have known the Principals at DCMC Partners for many years, beginning in the immediate aftermath of Hurricane Katrina in 2005 and continuing to this day. As the Deputy Director for Disaster Recovery at the Louisiana Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), I have engaged with them on some of the largest and most complex disasters in U.S. history, and have relied on their expertise time and time again to secure literally billions more funding from FEMA than they would have provided otherwise, and resolve complex problems standing in the way of recovery. Based on my experience with DCMC and its experts, I would recommend them without reservation, and believe that the firm offers a level of experience and capability that would be hard to find elsewhere. Since 2007, I worked with them to implement FEMA's disaster programs (Public Assistance and Hazard Mitigation), securing and managing nearly $20 billion in FEMA funding for the State of Louisiana and its several thousand impacted jurisdictions and non-profit entities. Because our state faced catastrophic losses and suffered multiple events during that timeframe, it took extensive work, creativity, and patience to shape disaster policy and develop new programs and approaches to meet the often unique needs in Louisiana. DCMC's experts provided the support we needed in approaching such a daunting task, and proved pivotal in helping us work with FEMA and others to achieve the results we needed. In the end, I would say that their work helped us secure literally billions of dollars more than we would have received without their help, and countless challenges and problems were avoided, reduced, and/or resolved due to the expertise their experts provided. DCMC continues to deliver great value and results for GOHSEP and the State of Louisiana, and I am pleased to be able to work with them. DCMC brings experience, expertise and skill that is highly valuable to a state, local government, or other organization facing significant recovery challenges, and I recommend them highly. Sincerely, 1 ' ' ark Riley Deputy Director for Recovery Louisiana GOHSEP 7667 INDEPENDENCE BOULEVARD • BATON ROUGE,LOUISIANA 70806 • (225)925-7500 • FAx(225)925-7501 EQUAL OPPORTUNITY EMPLOYER . ion°"e Y RECOVER.RESTORE.REBUILD. fs ynergy January 5th, 2017 MOOR MOMS Your Resource.Your Advocate.Your Partner. IMSURAMif TRUST— To Whom It May Concern: I have known the Principals at DCMC Partners for many years. I have also worked with them over the last two years in my role with the Florida League of Cities (FLC) as their Recovery Program Director serving the Florida Municipal Insurance Trust (FMIT). DCMC's reputation in the emergency management field is excellent, and on behalf of the League, I engaged them to be available on stand-by to support our members' FEMA-related recovery needs after a disaster occurs. I have also drawn upon their expertise in "peacetime" to provide technical assistance on key issues of importance to our members. In every instance, I have been pleased with their support, and am comforted that all insured Members of the FMIT have access to professionals with their level of experience and capability that DCMC has in the event that FMIT Members are impacted by a hurricane, flood, or other disaster. Recently, I contacted DCMC looking for help educating and assisting our member communities related to FEMA programs and their procurement requirements. Of particular importance was helping them to understand and come into compliance with new procurement requirements due to the global adoption of 2CFR Part 200, and related guidance and policy from OMB and FEMA. The consequences of not adhering to these requirements could be devastating to FMIT Member Communities. I thought of DCMC for this important function, because I know they are experts on such matters, and due to their decades-long history with FEMA's programs. I was also aware that they have recently been providing (and continue to provide) similar consulting services and guidance directly to communities, both in Florida and beyond. To address this need, DCMC provided experts who clearly understood FEMA procurement rules, both from an academic and a practical standpoint (given their many years assisting communities nationally with the implementation of FEMA programs). The ability of DCMC to make the many complex procurement requirements not only easy to comprehend, but real and practical through the use of real-world examples helped our members to truly understand what they needed to do to comply. DCMC also offered guidance that was both complete and current, incorporating recent interpretations and evolving guidance into their presentations. The company provided a senior representative to speak at one of our conferences and lead a tabletop exercise to educate FMIT members about FEMA's program and procurement requirements, and participated in a focused session to share their knowledge. Their expert also met with member communities in attendance who had specific concerns or issues (both programmatic and procurement-related) to help them understand what was required and how to best address their needs. The feedback we received about the quality, content and usefulness of the advice that was delivered was universally excellent and demonstrated their contributions to be highly valuable to our members. As the Recovery Program Director for the FMIT, I have also spoken with DCMC Partners about disaster response and recovery challenges faced by both the League and its members. Based on those conversations, I asked DCMC to support FMIT Member Communities with FEMA program expertise and hands-on assistance should they need help after a disaster. The firm is now providing the backbone of the FLC-PACT program (which stands for the "Florida League of Cities-Public Assistance Close-Out Team"), which was created as part of the Florida Municipal Insurance Trust (FMIT) to help cities maximize anticipated insurance proceeds and eligible FEMA Public Assistance funding related to insured property. FMIT has invested a great deal of time and money into the FLC-PACT program, and I am pleased to have DCMC Partners as a key member of our team to provide quality, current, and effective FEMA program support services. More importantly, their ability to bridge the "gap" between Insurance & FEMA helps to maximize eligible funding opportunities—while minimizing potential unanticipated deobligations. Overall, I cannot be happier with DCMC Partners, and would recommend them without reservation to communities in Florida and across the country when in need of emergency management support (preparedness, mitigation, response, and recovery). Sincerely, Michael Matheny SynergyNDS/ Florida League of Cities FMIT Recovery Program Director www.synergyfmit.com I I I I I ��ANGIPAHOA TANGIPAHOA PARISH SCHOOL SYSTEM PA�� 59656 PULESTON ROAD • AMITE,LOUISIANA 70422 SCHOL TELEPHONE:(985)748-7153 • FAX#(985) 748-8587 MARK KOLWE MICHAEL R. WHITLOW Superintendent President of the Board January 17, 2017 To Whom It May Concern: As the Chief Financial Officer for the Tangipahoa Parish School District, I engaged DCMC Partners in the months after floodwaters ravaged several buildings and facilities on our ---_'-.__.._ campus in August, 2016 to help us with our FEMA claims process. That decision, and the quality work done by DCMC since, has been pivotal to the District getting back on its feet and maximizing the funding to which we were eligible. Their personnel brought the experience and capabilities we needed to make rapid progress, and they integrated seamlessly into our District's recovery team to produce results. I recommend them without • reservation to anyone facing a long and complex recovery effort involving FEMA and other federal funding. Immediately after DCMC's experts engaged with the District, the results were noticeable. They immediately brought organization and structure to our reimbursement efforts, working with District Administrators, their contractors, the State of Louisiana, and FEMA(among others)to capture damage information, help us justify eligibility under FEMA's complex programs, and maximize the total resources available to our schools as a result of the floods. DCMC worked as a partner, both with us and with FEMA, bringing a sense of teamwork and collaboration with all parties, but they also became our most effective advocate when such support was needed to resolve disagreements in our favor. Their on- site representative engaged with FEMA and helped us resolve countless issues standing in the way of our recovery and the flow of federal funding. Besides speeding Project Worksheet (PW) approval, DCMC found additional opportunities to capture over $200K in funding beyond that originally identified by FEMA. In addition, that number is expected to rise, because DCMC helped identify significant damages that were previously unknown or that had not been claimed by the district which have since been included in our reimbursement requests to FEMA. Although most of the work on this disaster recovery effort is behind us now, DCMC remains under contract with our District and is viewed widely as a highly qualified and The Tangipahoa Parish School System does not discriminate on the basis of race,color,national origin, sex,age,disabilities or veteran status.We are an equal opportunity employer." trusted agent that can deliver results. I have nothing but praise regarding DCMC's engagement, and have remarked regularly both to them and to others about the value of their contributions. Even FEMA has expressed praise for DCMC's involvement at Tangipahoa Parish Schools, indicating what a good job they have done and that they wished other applicants had consultants with commensurate qualifications that could produce results. The Tangipahoa Parish School District would certainly use DCMC Partners again if we are ever impacted by another disaster, and I would encourage others to use them as well. Sincerely, 4/1"--C1114 Bret Schnadelbach Chief Financial Officer City of Pearland Purchasing Department of r� ^f4' Y 281.652.1790 �yk.krib.` (.1i 3519 Liberty Drive Fax 281.652.1738 v !,. 'I � r!'. v ZARLANQ Pearland,TX 77581 1 C X AS eST 89), Contractor Insurance Requirements & Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s)evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City to be provided a waiver of Employers' Liability $100,000 per occurrence subrogation and 30 day notice of cancellation or material change in coverage. 2. Commercial General (Public) Personal Injury- $1,000,000 per City to be listed as Additional Liability to include coverage for: person; Property Damage- Insured on Contractor's policy a) Premises/Operations $1,000,000 per occurrence ; and provided 30 day notice of b) Products/Completed General Aggregate -$1,000,000 cancellation or material change in Operations coverage. c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit- City shall be provided 30 day coverage for: $1,000,000 notice of cancellation or material a) Owned/Leased vehicles change in coverage. b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(c oearlandtx.gov. Questions regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer, at bpearce(c oearlandtx.gov. This form must be signed and returned with your quotation. You are stating that you do have the required insurance and if selected to perform work for the City,will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# 0917-64 Company: DCMC, LLC (dba DCMC Partners) Printed Name: Andrew Sachs tia�t \I 44�9 9 V O Ex . Ise' NON-COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." DCMC, LLC (dba DCMC Partners) Vendor 515 Braxton Place, Alexandria, VA 22301 Address 207-449-1280 Phone Number Fax Number dsachs @dcmcp ers.c Email Address Bidder(Signature) Partner Position with Company Signature of Company Official Authorizing This Bid Andrew Sachs Company Official (Printed Name) Partner Official Position ^f A :0‘ R9y TEX AS v o EST 's') Contractor Questionnaire Yes No 111 • 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s)from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 111 • 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six(36) month period? 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six(36)month period? El7. Does the undersigned company have adequate equipment,personnel and expertise to complete the proposed n contract? t—I 151 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six(36) month period? n [ 1 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract,or in the performance of such a contract or subcontract within a ten(10)year period? 111 • 10. Has the undersigned company been convicted of a criminal offense within a ten(10)year period of embezzlement, theft,bribery,falsification or destruction of records,receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten(10)year period arising out of submission of bids or proposals? n • 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered"yes"to Items 1-6 or 8-12 or answered"no"to Item 7,please attach a full explanation to this questionnaire. Company Name: DCMC, LLC (dba DCMC Partners) Address: 515 Braxton Place, Alexandria, VA 22301 Name: Andrew Sachs Title: Partner (Ple.• rint) (Please Print) September 19 2017 Signature: • Date: , CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. ?J Name of vendor who has a business relationship with local governmental entity. DCMC, LLC 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. N/A Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Dat Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 ATTACHMENT B Current as of1-9-17 2 C.F.R. § 200.326 and 2 C.F.R Part 200,Appendix II,Required Contract Clauses Requirements under the Uniform Rules. A non-Federal entity's contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R § 200.326 and 2 C.F.R. Part 200,Appendix II. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity's own procedures in that area. 1. Remedies. a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II,¶A. b. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. 2. Termination for Cause and Convenience. a. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200,Appendix II,¶B. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of`federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity,and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C. b. Key Definitions. 1 Current as of 1-9-17 (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a`federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. The regulation at41 C.F.R.Part 60-1.4(b)requires the insertion of the following contract clause: 'During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, 2 Current as of 1-9-17 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Copeland Anti-Kickback Act. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Prou am. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 3 Current as of 1-9-17 U.S.C. §§ 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations at 29 C.F.R Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R Part 200, Appendix II,¶D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a)does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland "Anti-Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prone contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 4 Current as of 1-9-17 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R §5.12." 5. Contract Work Hours and Safety Standards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200,Appendix II,¶E. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence. e. The regulation at 29 C.F.R. § 5.5(b)provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work 5 Current as of 1-9-17 done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not annly to the Public Assistance,Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households —Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of`Tending agreement." b. If the FEMA award meets the definition of`funding agreement" under 37 C.F.R § 401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F.R Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by 6 Current as of 1-9-17 FEMA. See 2 C.F.R. Part 200,Appendix II,¶F. c. The regulation at 37 C.F.R. § 401.2(a)currently defines "finding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§ 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200,Appendix II,11G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal 7 Current as of 1-9-17 government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." S. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986)and Executive Order 12689,Debarment and Suspension (1989)at 2 C.F.R Part 180 and the Department of Homeland Security's regulations at 2 C.F.R Part 3000 (Nonprocurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II,¶H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R.Part 200(Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV,¶6.d, and Appendix C,if 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530;PDAT Supplement, Chapter IV,¶6.d and Appendix C,¶2. d. In general, an"excluded" party cannot receive a Federal grant award or a contract within the meaning of a"covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a"covered transaction," which is any nonprocurement transaction (unless excepted) at either a`primary" or"secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: 8 Current as of 1-9-17 (1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally-required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R pt. 180 and 2 C.F.R pt. 3000.As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R § 180.995), or its affiliates (defined at 2 C.F.R § 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2C.F.R § 180.935). (2) The contractor must comply with 2 C.F.R pt. 180, subpart C and 2 C.F.R pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R pt. 180, subpart C and 2 C.F.R pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R pt. 180, subpart C and 2 C.F.R pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. Byrd Anti-Lobbying Amendment. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of$100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix H,¶I; 44 C.F.R Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C,¶4. c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or 9 Current as of 1-9-17 attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal fiords that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV, ¶6.c and Appendix C,If 4. d. The following provides a Byrd Anti-Lobbying contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352(as amended) § ( ) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." APPENDIX A,44 C.F.R PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 10 Current as of 1-9-17 cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date" 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272(1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II,¶J; 2 C.F.R. § 200.322;PDAT Supplement, Chapter V,¶7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 11 Current as of 1-9-17 competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired- (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA- designate items, is available at EPA's Comprehensive Procurement Guidelines web site, httpsi/www.epa.gov/smm/comprehensive- procurement-guide li ne-cpg-program." 11. Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. c. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and 12 Current as of 1-9-17 agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff See DHS Standard Terms and Conditions, v 3.0,¶ XXVI (2013). d. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seal, Logo, and Flags. a. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval See DHS Standard Terms and Conditions, v 3.0,¶ XXV(2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: 'The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval" 13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to find the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor 13 Current as of 1-9-17 will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 14. No Obligation by Federal Government. a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." CUBG-llR Related Clauses False Claims The Contractor also agrees to abide by 18 U.S.C. 286, which provides for conspiracy to defraud the Federal Government with Respect to Claims. In addition, the Contractor will also abide by the False Claims Act (31 U.S.C. 3729 et seq.); 18 U.S.C. 287 relating to False, Fictitious and Fraudulent Claims; 18 U.S.C. 245 Federally Protected Activities; 18 U.S.C. 1001 regarding General Statements or Entries; the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812); the Federal Claims Collection Act of 1966 (31 U.S.C. 952)as amended by the Derby Collection Act of 1982; the Meritorious Claims Act (31 U.S.C. 3702); the Tucker Act (28 U.S.C. 1346, 1491, and 2501); the Wunderlich Act (41 U.S.C. 321-322);the Anti-Deficiency Act(31 U.S.C. 1341); and Section 208(a) of the Intergovernmental Personnel Act of 1970, as amended. "Section 3" Clause Compliance The Contractor agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, the regulations set forth in 24 C.F.R Part 135, and all applicable rules and 14 Current as of 1-9-17 orders. Contractor understands that compliance shall be a condition of the federal assistance provided under this Agreement and binding upon the Grantee, the Contractor and any sub- Contractors. Failure to comply with these requirements shall subject the Grantee, the Contractor and any sub-Contractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided, and as set out in 24 C.F.R. Part 135. The Contractor agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Contractor shall include the following language in all subcontracts executed under this Agreement: 'The work to be performed under this contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the areas of the project." 15 Attachment C: Payment Terms and Schedule Payment for labor under this Contract shall be made according to the following rate schedule, consistent with the rates bid by Consultant in response to the City's Request for Proposals: HGACBuy Pearland DCMC Position Contracted Discounted Title(s): RFP Position Title(s) Rates Rates Senior Advisor for Disaster Principal; Insurance Adjuster Recovery $178.00 $165.00 Senior Subject Matter Expert (SME); FEMA Insurance Specialist Appeals Specialist $158.00 $143.00 Technical Assistance Liaison— Financial Management and SME Administrative Oversight $144.00 $130.00 Project Manager Project Manager $155.00 $145.00 Disaster Recovery Specialist*; Senior Recovery Specialist Mitigation Specialist* $134.00 $125.00 Debris Specialist; Mitigation Specialist*; Disaster Recovery Recovery Specialist Specialist* $125.00 $116.00 Technical Assistance Liaison— Technical Specialist/ Engineer Operations $127.00 $119.00 In addition to the reimbursement of hourly labor rates above, the City shall also provide reimbursement for expenses as follows: • DCMC shall receive reimbursement for travel and related expenses at a rate of$40.00 per hour for all hour of work performed by personnel in deployed status from outside the local area (coming from over 50 miles of the City of Pearland). • DCMC shall receive no expense reimbursement for travel and related expenses for work done by personnel who live in the local area (within 50 miles of the City of Pearland) other than privately-owned vehicle (POV) mileage according to the then-current GSA POV mileage rate (currently 53.5 cents per mile at the time of contract execution). • DCMC shall receive no reimbursement of any expenses for work performed by assigned personnel from their home locations or other locations outside of the State of Texas unless said expenses are directly attributable to the City of Pearland work effort. �t� Payment shall be made by the City of Pearland NET-30 from the date that the Consultant submits its invoice documenting services rendered and expenses incurred per the information above. AO-