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HomeMy WebLinkAboutPR 21812: CONTRACT WITH ARDURRA, CORONAVIRUS RELIEF FUND, PUBLIC ASSISTANCE CLAIM SUPPORT City of or4j7r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 10, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: P.R. 21812—Authorizing the City Manager to enter into a contract with Ardurra of Houston, Texas for TDEM (Texas Division of Emergency Management) Coronavirus Relief Fund and COVID19 FEMA (Federal Emergency Management Agency) Public Assistance Claim Support. Introduction: This Agenda is for the City Council to authorize the City Manager to enter into a contract with Ardurra of Houston, Texas for TDEM Coronavirus Relief Fund and COVID19 FEMA Public Assistance Claim Support. Background: The City of Port Arthur needs emergency assistance in relation to the Coronavirus (Covid 19) pandemic. The City, per Resolution 20-465, authorized the City Manager to negotiate a contract with Ardurra of Houston, Texas for Disaster Recovery Grant Management and Administration Services for current and future disasters. Budget Impact: Funds are 100%reimbursable. This contract is for a not to exceed amount of$50,000. Recommendation: Approval of P. R. No. 21812 authorizing the City Manager to enter into a contract with Ardurra of Houston, Texas for TDEM Coronavirus Relief Fund and COVID19 FEMA Public Assistance Claim Support. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No. 21812 02-10-21 ace RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARDURRA GROUP OF HOUSTON, TEXAS FOR PUBLIC ASSISTANCE CLAIMS SUPPORT RELATED TO THE CORONAVIRUS RELIEF FUND THROUGH THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM DISASTER SPA2020) AND IN RESPONSE TO THE COVID19 PANDEMIC THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA DR-4485-TX) , IN AN AMOUNT NOT TO EXCEED $50, 000 . FUND AVAILABILITY IS SUBJECT TO REIMBURSEMENT FROM FEMA AND/OR OTHER SOURCES; TO BE PAID FROM COVID DISASTER FUND ACCOUNT NO. 155-2300-901. 59-00 . WHEREAS, the City of Port Arthur needs emergency assistance in relation to the Coronavirus (Covid-19) pandemic; and, WHEREAS, the City, per Resolution 20-465, authorized the City Manager to negotiate a contract or contracts with Ardurra Group of Houston, Texas for Disaster Recovery Grant Management and Administration Services for current and future disasters; and, WHEREAS, the City Manager has negotiated a contract for emergency assistance in relation to the Coronavirus (Covid-19) pandemic with Ardurra Group of Houston, Texas, as delineated in Exhibit "1" ; and, WHEREAS, the City Council of the City of Port Arthur finds it to be in the interest of the citizens of Port Arthur to enter into a contract with Ardurra Group, LLC of Houston, Texas in relation to the Coronavirus (Covid-19) pandemic as set forth in Exhibit 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is authorized to execute a contract with Ardurra Group of Houston, Texas on behalf of the City of Port Arthur for emergency assistance in relation to the Coronavirus (COVID-19) pandemic to provide technical and professional services with respect to satisfying the requirements under the FEMA Public Assistance Program and the coronavirus relief fund with TDEM in substantially the same form as attached hereto as Exhibit 1 . Section 3 . That a copy of the Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: Councilmembers : , NOES : . Thurman "Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: SEE MEMO TO CITY COUNCIL Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Alberto Elefano, PE Director of Public Works APPROVED AS TO AVALIABILITY OF FUNDS: 6W6L,L/h Kandy Daniels Cli Williams, CPPB Interim Finance Director Purchasing Manager Exhibit " 1 " Contract for Covid- 19 related services STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement") is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and_ ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto(the"Effective Date")and shall continue thereafter until the one(1)year anniversary of the Effective Date. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with the language of ExhibitA and the provisions of this Agreement, the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the"Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA by payment of a fee not to exceed$50,000. Page 2 of 12 City of Port Arthur, Texas Professional Services Agreement 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit B,and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of Page 3of12 City of Port Arthur, Texas Professional Services Agreement the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities,equipment,telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. Page 4 of 12 City of Port Arthur, Texas Professional Services Agreement B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. Page 5 of 12 City of Port Arthur, Texas Professional Services Agreement 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. Page 6 of 12 City of Port Arthur, Texas Professional Services Agreement 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO Page 7 of 12 City of Port Arthur, Texas Professional Services Agreement OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's Page 8 of 12 City of Port Arthur, Texas Professional Services Agreement own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services, methods,processes and operating procedures, together with all analyses,compilations, studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 12 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2021. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2021. PROFESSIONAL: [NAME OF ENTITY], A Texas , By: Name: Title: Page 10 of 12 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule Page 11 of 12 City of Port Arthur, Texas Professional Services Agreement CONTRACT FOR SERVICES DISASTER CONSULTING SERVICES CONTRACT # TASK ORDER P21-006 #1 TDEM Coronavirus Relief Fund and COVID19 FEMA Public Assistance Claim Support Pursuant to the above referenced contract, ARDURA, is hereby authorized and directed to fulfill the Scope of Services, as applicable, noted in Exhibit A of the above referenced contract in response to the COVID19 Pandemic and TDEM Disaster SPA2020 and FEMA DR-4485-TX. The established rates as noted in Exhibit B shall be applied for all charges made in response to this TASK ORDER. TASK ORDER P21-006#1 shall have an effective date of February 16, 2021 and shall terminate February 15, 2022. TASK ORDER P21-006#1 and any allowable renewable periods/extensions shall be subject to CITY COUNCIL approval. TASK ORDER P21-006#1 shall have a not to exceed amount of fifty thousand dollars ($50,000.00). Ron Burton Date City Manager, City of Port Arthur 1. Provide assistance to the City with regard to disaster assistance and management of any type needed including, but not limited to, response; preliminary damage assessments; recovery to include any State of Texas Division of Emergency Management(TDEM) or Federal Emergency Management Agency (FEMA), and mitigation and preparedness service (planning,training and exercise), including present and future disasters. 2. Provide broad-based support services to the City in a timely and efficient manner for response and recovery activities, ensuring the City is able to accomplish and maximize (if available) federal grant funding for debris missions, emergency protective measures and recovery missions that serve the public's health and safety. 3. Provide guidance in recovering reimbursement for the repair and potential replacement of the loss of critical infrastructure. 4. Assist the City with the implementation of preliminary damage assessments (PDAs) to document the impact and magnitude of the disaster. 5. Assist the City during Applicant's Briefings with FEMA and the state, assisting with relationship development, requesting additional programmatic details and clarifications that will assist the City during the grant process. 6. Collaborate with the City on project formulation, including damage assessments (field team assessment of damages including a comprehensive list of damaged structures, contents, etc.); information gathering (photo-document damages, gather records, drawings,insurance policies,historical photos/videos,etc.);project development(define both small and large projects' scope, size, and damages, including cost estimating, that will be the basis of each Project Worksheet); project submittals (draft and submit small and large project PWs to TDEM/FEMA). 7. Assist with the management of FEMA and/or other federal grants and TDEM coordination along with the City, arranging for routine status/action plan meetings, establishing priorities, scope changes and updates at meetings. 8. Coordinate and manage deliverables with FEMA and TDEM. 9. Assist the City with TDEM/FEMA and/or other federal grant quarterly reporting. 10. Generate time extension requests to FEMA and/or other federal grants and TDEM when necessary so that PW eligibility is not forfeited. 11. Develop improved and/or alternate project requests for TDEM and FEMA and/or other federal grants. 12. Develop Sandy Recovery Improvement Act (SRIA) alternative arrangement projects as soon as possible to streamline the recovery process within established FEMA timelines. 13. Develop Section 406 Hazard Mitigation Proposals(HMPs)where mitigation actions can minimize future disaster impacts. 14. Develop Section 404 Hazard Mitigation strategies providing staff experienced in the use of FEMA BCA tools and methodologies that can minimize future disaster impacts. 15. Assist with the submittal of first and second appeals to FEMA should the City disagree with the FEMA formulated PWs. 16. Generate PW amendments requesting changes as agreed through resolution discussions or first appeals. 17. Provide procurement assistance to the City, interfacing with internal staff, to ensure procurement processes adhere to FEMA federal grants recovery criteria. 18. Assist the City with development of scope and bid packages that align with the project worksheet scope of work and damages. 19. Coordinate and interface with engineering and design efforts for the repair and/or reconstruction of damaged infrastructure that will comply with FEMA eligibility and cost reasonableness, including oversight of the repair and/or reconstruction efforts to ensure FEMA's Public Assistance grant is clearly defined and implemented. 20. Assist with the procurement of architectural and/or design firms. 21. Guide the City through FEMA's Public Assistance grant and other federal grants funding requirements and criteria. 22. Assist the City with establishing programmatic document control, establishing a file retention system and data management processes to ensure disaster records are complete and ready for audit. 23. Assist the City with the closeout of PWs, both large and small, including the review and preparation of final closeout packages for completed work. 24. Assist the City with insurance optimization by working with insurance carriers to optimize coverage relating to the disaster, while also making recommendations with regard to limits, scope, and deductibles for future policy negotiations. 25. Provide insurance assistance to the City in the identification of Texas Windstorm Policies, National Flood insurance policies and the effects of anticipated and actual reductions on FEMA PW's. Exhibit B Rate Schedule Page 12 of 12 City of Port Arthur, Texas Professional Services Agreement EXHIBIT B RATE SCHEDULE Labor Category Hourly Rate-Total including All Expenses Principal $240 Project Team Leader $225 Public Assistance Officer I $ 100 Public Assistance Officer II $ 120 Public Assistance Officer III $ 140 Mitigation Specialist I $ 120 Mitigation Specialist II $ 130 Mitigation Specialist III $ 150 Appeals Specialist $ 150 Insurance Specialist I $ 100 Insurance Specialist II $ 120 Insurance Specialist III $ 140 Cost Estimator I $ 100 Cost Estimator II $ 130 Accounting Supervisor $ 180 Accountant Level II Journal Entry $ 130 Grant Administrator $ 160 Sr. Grant Administrator $ 180 Programmer $ 130 Senior Programmer $ 150 Damage Assessment Specialist I $ 125 Damage Assessment Specialist II $ 145 Damage Assessment Specialist III $ 165 Closeout Specialist I $ 100 Closeout Specialist II $ 120 Closeout Specialist III $ 140 Debris Specialist I $ 115 $ 130 Debris Specialist II REST OF PAGE LEFT BLANK INTENTIONALLY CONTRACT FOR SERVICES DISASTER CONSULTING SERVICES CONTRACT # TASK ORDER P21-006 #2 Hurricane Laura Public Assistance and 406/404 Hazard Mitigation Grant Program Support Pursuant to the above referenced contract, ARDURA, is hereby authorized and directed to fulfill the Scope of Services, as applicable, noted in Exhibit A of the above referenced contract in response to the disaster impacts of Hurricane Harvey, Disaster DR-4572-TX. The established rates as noted in Exhibit B shall be applied for all charges made in response to this TASK ORDER. TASK ORDER P21-006#2 shall have an effective date of February 3, 2021 and shall terminate on February 2, 2022. TASK ORDER P21-006#2 and any allowable renewable periods/extensions shall be subject to CITY COUNCIL approval. TASK ORDER P21-006#2 shall have a not to exceed amount of one hundred twenty thousand dollars ($120,000.00). Ron Burton Date City Manager, City of Port Arthur