DEP memo on PR firm hiring and FEMA reimbursement coordination,

NYC 9/11 Public Portal Document

Agreements

1. Retention of Public Relations Consulting Firm. DBS agrees to execute and deliver to EDC a supplement to the EDC Agreement, under Section thereof, authorizing and directing EDC to select and contract with a public relations consulting firm (the “Consultant”) to perform those services described in Exhibit A attached hereto and made a part hereof (the “Services”), for the benefit of the City. The resulting contract between EDC and the Consultant (the “Consulting Contract”) shall be approved by DBS in writing prior to the execution thereof. The Consulting Contract shall include the following provisions:

(a) Work manag It [EDC] [DBS] shall be solely responsible for monitoring the performance of the Consultant, approving all deliverables, and reviewing and approving invoices for payment.

(b) Invoicing. The Consultant shall render invoices for its fees and disbursements to EDC no more often than once a month, covering Services performed since the date of the last such invoice. Each invoice shall be accompanied by reasonable back-up in a form prescribed by [who?]. Invoices shall be paid promptly by EDC subject to and in accordance with the terms of the Consulting Contract.

(c) Books and Records: Audit. The Consultant shall make all of its books and records pertaining to the provision of Services available to EDC, DBS and DEP for inspection and copying at any time upon request. EDC, DBS and DEP shall each have the right to audit the Consultant’s provision of Services under the Consulting Contract, and the Consultant agrees to cooperate folly in any such audit.

(d) Cooperation with PEP. The Consultant acknowledges that the City intends to seek reimbursement from FEMA for the Consultant’s fees and disbursements, through DEP, and the Consultant therefore agrees to cooperate fully with DEP in making any such request for reimbursement, including the provision of any additional information relating to the Consultant or the Services rendered necessary to process any such request.

2. Presentation of Invoices to FEMA: Processing of Reimbursement. DBS shall require EDC to provide DEP (Attention:___ ) with complete copies of each invoice submitted by the Consultant, together with all related back-up and proof of payment by EDC. Upon receipt of copies of invoices to EDC from the Consultant, together with related back-up and with proof of payment by EDC, DEP shall present such invoices to FEMA for reimbursement, on such form or forms as FEMA shall prescribe. Any reimbursement received by DEP shall be endorsed, assigned or otherwise paid over to EDC, with a copy of proof of endorsement, assignment or payment delivered to DBS (Attention:). [This assumes that DBS does not make EDC “whole” in the first instance] If any reimbursement from FEMA is less than the amount invoiced by the Consultant, DBS shall have the sole responsibility of reimbursing EDC for the difference, pursuant to and subject to the terms of the EDC Agreement.

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