02/16/2000
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CONTRACT FOR DISASTER CONSULTING SERVICES . ;J
~ CONTRACT for disasler consulting services is entered into this /,f; day of
, 2000, by and between Monroe County ,a political subdivision of the State
of Florida, whose address is Public Service Building, 5100 College Road, Key West, FL 33040,
hereafter County, and KPMG, a limited partnership, whose address is 12th Floor, One Kaiser
Plaza, Oakland, CA 94612-3612, hereafter KPMG.
WHEREAS, the County has incurred damages on October 15, 1999, as a result of
Hurricane Irene and subsequent flooding. Preliminary damage is estimated to be
approximately $5 million.
WHEREAS, owing to the scope of disaster response activities from Key West to New
York City, KPMG anticipates that FEMA may be overwhelmed. If this is the case, by taking a
highly proactive approach to your response, and providing to FEMA the information that
permits it to act quickly, the County will be in a position to begin receiving federal dollars
more quickly than other jurisdictions.
WHEREAS, the County is looking for KPMG to focus on eligibility issues, and not so
much - at least initially - on accounting issues. Moreover, the County is eager for KPMG to
help it get moving rapidly in the right direction, thereby enabling it to get back to business as
usual more quickly; now, therefore
IN CONSIDERATION of the mutual benefits, promises and consideration set forth
below, the parties agree as follows:
1. The initial services provided by KPMG will consist of onsite assistance to County
beginning October 20, 1999. NDAS team members Jim Stone and Bonnie Carlson will
provide this initial emergency response in coordination with Adjusters International, as
appropriate.
2. KPMG will conduct damage assessments with County staff, discuss damages
and costs with each affected department, and work with the County to develop a
comprehensive list of damages.
3. KPMG will also identify what we view to be the more problematic sites (from a
FEMA cost-recovery perspective), and work with County staff and, as appropriate, FEMA and
the State to maximize eligible reimbursement.
4. Other critical activities for KPMG's participation early on will be attendance at
the FEMA kick-off conference, and accompanying FEMA and County staff on damage
tours. As usual, procurement of contractor services related to cleanup and recovery will be
important FEMA issues to control; KPMG can assist in ev(jJil'l~gOb~R'6Jfell.
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5. After the initial emergency response, whicn Jge~ a~tM1~Mfu to encompass two
weeks, KPMG will work with the County to determinGW~ap9'p~~~disaster and the level
of additional assistance needed. II UU
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6. Based upon our meetings and observations, KPMG will develop a staffing
approach, scope of work, and cost estimate specific to the situation. Staffing assistance
may range from senior-level staff experienced in FEMA grant management and negotiations
to junior-level staff as appropriate to meet the County's disaster recovery needs.
7. Detailed Scope of Work.
(a) KPMG will provide the County, as deemed appropriate, with broad-based
support services designed to obtain eligible federal funding, expedite the
administrative recovery process, and retain funds during the close-out audit.
(b) The following itemizes the range of tasks that KPMG will provide as directed by
the County under this contract.
(i) Engagement Management Tasks:
. Attend initial meetings and assess status
. Prepare engagement budget
. Prepare status reports
. Attend status meeting
. Prepare invoices and supporting documentation
(ii) Eligibility Tasks:
. Meet with State and FEMA inspectors as appropriate
. Participate in site visits with County staff and the federal-state inspection team
. Review eligibility issues and advise County in negotiations with FEMA
. Provide guidance in the interpretation of codes and regulations in relation to
eligible work
. Recommend possible repair/replacement options for permanent work, including
opportunities for mitigation and code upgrades
. Based upon information provided by the divisions, prepare Project Worksheets for
small and large projects
. Review County-generated Project Worksheets and recommend whether County
should concur or non-concur
. Prepare non-concurrence arguments/documents
. Review disputes and provide recommendations to County regarding course of
action
. Explore opportunities and apply as appropriate for 404/406 mitigation funding
. Provide consulting related to procurement of contractors; review contracts
. Coordinate where appropriate with consulting engineers
. Prepare correspondence as necessary
. Address issues related to inter-agency funding conflicts
(iii) Grant Management Tasks:
. Update, as necessary, County wide flow process for determining and signing off
on grant/insurance funding documents
. Update, as necessary, the process for cost-recovery drawdown requests
. Update, as necessary, fund reconciliation approach
. Update, as necessary, payment tracking system
. Assist with project filing systems
. Recommend a spreadsheet-based Project Worksheet (PW) tracking approach
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. Prepare draft correspondence to state and FEMA for County signature
8. Compensation. KPMG's personnel classifications and hourly rates for this
period are given in the following table. These rates will be in effect for the remainder of this
fiscal year (ending June 30, 2000), and will be modified to reflect cost of service increases at
the beginning of each KPMG fiscal year, with the authorization of the County:
Mike Kulig, Partner $375
Hans Guide, Practice Manager $230
Jim stone, Program Manager $190
Jeff Shaw, FEMA Specialist $190
Bonnie Carlson, FEMA Specialist $190
Consultant $150
Staff Support $ 75
Administrative Recovery Fee* $ 7.65
*Per hour charge to cover administrative overhead.
KPMG will invoice the County for actual time and expense incurred on the engagement.
Upon notice to proceed, we would initially provide tow NDAS personnel on site, beginning
October 20, 1999. As soon as practically possible, KPMG will estimate the tasks, staffing, fees.
and expenses for tasks related to this disaster. Expenses will be billed to the County at
KPMG's cost. Expenses reimbursement will include lodging, car rental, meals and
incidentals and will be in keeping with Florida Statutes 112.061.
KPMG will invoice the County for actual time and expense incurred on the engagement.
The compensation will be a function of the level of damage the County suffered in the
disaster. KPMG will provide between 180 and 220 hours of services. Professional fees for the
FEMA grant management services in the range of $30,000 and $41,800 plus expenses. If the
volume of activity is below or above our estimate, the number of hours and costs will be
adjusted. We will bill only for actual time spent, and will not exceed $50,000 for professional
services and expenses without prior consent of the County. KPMG agrees to maintain its
financial records pertaining to this contract according to generally accepted accounting
principles, to make them available upon the request of representatives of the County, FEMA
and the State of Florida, and to retain the records for a period of three years from the date
the work under this contract is completed or, if longer, the time required by FEMA or the
State of Florida pursuant to the provisions of any grant assistance agreement(s).
In the event the County feels that professional services are no longer necessary to
accomplish its recovery goals, arrangements will be made to close-out the engagement,
and only professional fees and expenses recorded to that date will be invoiced. This
agreement would then be amended to reflect the changes in scope and deliverables.
9.(0) A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids n
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
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provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
(b) KPMG warrants that he/it has not employed, retained or otherwise had act on
his/its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from
the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage. gift, or consideration paid to the former County officer or
employee.
(c) This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in a court of competent jurisdiction in Monroe
County, Florida.
(d) KPMG agrees that it will not unlawfully discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, national
origin or disability. The Consultant must insert a provision similar to this paragraph in any
subcontracts awarded under this contract except those for the purchase of commercial
supplies and raw materials.
10. County Responsibilities. To assist KPMG in completing the work task in this
engagement, the County must assemble and provide the following information and
resources:
. A central contact person
. A County organization chart, together with a list of names, roles, and phone
numbers of personnel involved in County disaster response and recovery activities
. Access to all relevant disaster-related files
. Access to knowledgeable individuals who can answer questions and assist in
obtaining additional information, including engineering staff, finance, accounting
staff, and grant management staff
. A work area, such as a conference room, including access to phone, fax, and
copier.
or/Chairperson
By
By
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ATTEST:
jconvikpmgOO
General Partner
APPROVED AS TO FORM
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4.
PUBLIC ENTITY CRIME STATEMENT
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All invitations to bid, request for proposals and any contract document shall contain a
statement which reads as follows (Section 287.133 F.S.): "A person or affiliate who has
been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor. supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.0] 7, for
CA TEGOR Y TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
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r. /{ Ie. ilne L /It l.( t.., ~ of Ihe oIIr A4-'1'
of {t:P~( ~ 'f'I;U.,.. J.1 "dIU i t.{? . u.,.:> ICCordlng 10 law an my olth. and under
penalty of perjury, depose and say that:
1) I am II PA/lr,v..... fP,r1"/f !:-P.4(j,-
Proposal for the project described as fOllows:
. the bidder making the
P ff).{ t4- c,4h/r jI{ AN"'~e.ue.vr ~ S/5 ""A..v~E, PATE]> leyi?/9y
2) The prices in this bid have been arrived at independently without collusion.
eonsultalian. communication or "II_nl far the purpose of restricting competition. IS
10 Iny matter relating 10 such prices With ""Y Dfher bidder or with any eampetitar;
3) Unless otherwise required'by law, the prices which have been quoted in this bid
have not been Im_ngly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior 10 bid opening, dlrecuy or 1ndJrecuy. 10 any Dfher bidder or 10 any
competitor; and
4) No attempt has been made or will be made by the bidder to induce any other
person, partnership or Corporation to sUbmit, or not to submit, a bid for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct. and made with
fulllm_ge thai Monroe County relies upon thelruth of the statem_ eontalned In
this a~davit in awarding contracts for said project.
(Signature of Bidder)
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STATE OF'....c\1~? \\)f'.,-
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COUNTY OMC"'\r'_'\~~C;X\~ 0
PERSONAllY APPEARED BEFORE ME. the undersigned authority,
~ C~"<"".., "'......\ \ a ....0. after filsl being IIWDm by me. (name of
individual signi~g, affixed his/her signature in the space provided above on this
C< day of .(',::')\,~.nc.,- .19~ '-<. .
DATE
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NOTARY PUSUC
My commission expires:
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- ". Commission #1016319 ~
J . -,.; .. :.. Notary Pubtic - CoIfornla !
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i Mv Carll'.,. &ares Oct 29. 1999
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OMS. MCP FORM #1
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