HomeMy WebLinkAboutPR 23606: A ONE YEAR EXTENSION OF THE CONTRACT FOR GRANT MANAGEMENT AND ADMINISTRATIVE SERVICES Lam .
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www.Po rtArt h u rTx.gov
OFFICE OF THE ASSISTANT CITY MANAGER
INTEROFFICE MEMORANDUM
Date: February 20, 2024
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: P.R. NO. 23606 — A resolution authorizing a one-year extension of the
contract for Grant Management and Administrative Services
Introduction:
This Agenda Item intends to request approval of P.R. NO. 23606, authorizing the City
Manager to execute a one-year contract renewal with Adurra Group, LLC, in an amount
not to exceed $450,000.00 for disaster recovery grant management and administration
services related to Hurricane Harvey Projects.
The new contract period will end April 1, 2025.
Background:
The City of Port Arthur experienced significant costs and property damage as a result
of Hurricane Harvey. Staff continues working to maximize expense reimbursements and
project funding available through FEMA and other sources.
The City advertised for Request of Proposals, in which five proposals were received
from qualified firms to provide technical and professional services in assisting the city
with meeting and satisfying federal requirements established under the FEMA Public
Assistance Program. After careful review and consideration, the Adurra Group was
deemed the most qualified to aid the city in meeting program management and
administrative requirements outlined in the federal registry for public assistance
programs.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
The City Council authorized a contract renewal in February 2023, extending Ardurra's
services to the City for an additional year and providing for a new contract period
expiring on April 1, 2024.
Budget Impact:
An increase in the total compensation amount from $3.1 million to $3.45 million for
FEMA 404 Project development and project management activities and from $3.75
million to $3.85 million for Harvey Public Assistance 406 Projects, for a total additional
contract amount not to exceed $450,000.00. Funds will be paid from Hurricane Account
No.147-07-015-5420-00-40-000, project# DS2617-GRE-PRO, in which $2.9M and
$1.6M, respectively, are anticipated to be reimbursed with funding available from the
Federal Emergency Management Agency (FEMA) and grant programs.
Recommendation:
It is recommended that the City Council approve P.R. NO. 23606, authorizing the City
Manager to execute a one-year contract renewal with Adurra Group, LLC, in an amount
not to exceed $450,000.00 for disaster recovery grant management and administration
services related to Hurricane Harvey Projects extending the contract expiration period
to April 1, 2025.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. NO. 23606
02/05/2024 PDL
Page 1 of 7
RESOLUTION NO
A RESOLUTION AUTHORIZING A ONE-YEAR RENEWAL OF THE
CONTRACT WITH ARDURRA GROUP, LLC FOR DISASTER RECOVERY
GRANT MANAGEMENT AND ADMINISTRATION SERVICES AND
PROVIDING ADDITIONAL CONTRACT FUNDING OF $450,000.00; FUND
AVAILABILITY IS SUBJECT TO THE REIMBURSEMENT FROM FEMA
AND/OR OTHER SOURCES; TO BE PAID FROM HURRICANE HARVEY
ACCOUNT #147-07-015-5420-00-40-000, PROJECT NUMBER DS2617-
GRE-PRO. CONTINGENT UPON APPROVAL OF A BUDGET AMENDMENT VIA
ADOPTION OF PROPOSED ORDINANCE NO. 7230
WHEREAS, Hurricane Harvey brought an unprecedented amount of damage
to Port Arthur, Texas; the City did not have sufficient staffing with the specific
knowledge and expertise to develop projects and manage the various disaster
recovery relief grants and programs to maximize the benefit to the citizens of Port
Arthur; and,
WHEREAS, the City advertised for Request for Proposals (RFP) from
qualified firms to provide technical and professional services to assist the City of
Port Arthur in satisfying the requirements under the FEMA Public Assistance
Program; and,
WHEREAS, after a review of proposals submitted by qualified firms through
an advertised process, Ardurra Group, LLC was selected as the firm to meet the
needs of the City best; and,
WHEREAS, On March 27, 2018, the City Council approved Resolution 18-
120 authorizing a one-year agreement with Ardurra Group, LLC for recovery grant
management and administration services; and,
WHEREAS, On March 19, 2019, the City Council approved Resolution 19-
096 authorizing a one-year extension with Ardurra Group, LLC for recovery grant
management and administration services; and,
P.R. NO. 23606
02/05/2024 PDL
Page 2 of 7
WHEREAS, On March 17, 2020, the City Council approved Resolution 20-
096 authorizing a one-year extension with Ardurra Group, LLC for recovery grant
management and administration services; and,
WHEREAS, On March 2, 2021, the City Council approved Resolution 21-073
authorizing a one-year extension with Ardurra Group, LLC for recovery grant
management and administration services; and,
WHEREAS, On March 14, 2023, the City Council approved Resolution 23-
089 authorizing a one-year contract with Ardurra Group, LLC for recovery grant
management and administration services; and,
WHEREAS, the City has been satisfied with the performance of Ardurra
Group, LLC, and deems it in the best interest of the citizens to renew the contract
for an additional year.
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 City Council hereby authorizes a one-year contract renewal,
in substantially the same form attached hereto as Attachment "B", with Ardurra
Group, LLC, for disaster recovery grant management and administration services
related to Hurricane Harvey projects, extending the contract expiration date to April
1, 2025.
Section 3. The City Council hereby authorizes an increase to the total
contract compensation amount from $3.1 million to $3.45 million for FEMA 404
project development and project management activities and from $3.75 million to
$3.85 million for Harvey Public Assistance 406 Projects, for a total additional
P.R. NO. 23606
02/05/2024 PDL
Page 3 of 7
contract amount not to exceed $450,000.00(See attachment "A" for contract
summary).
Section 4. That a copy of the Resolution shall be spread upon the Minutes
of the City Council.
READ, ADOPTED, AND APPROVED on this day of March, A.D.,
2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by
the following Ayes:
Mayor:
Council members:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
James M. Black, Interim City Attorney
P.R. NO. 23606
02/05/2024 PDL
Page 4 of 7
APPROVED AS FOR AVAILABILITY OF FUNDS:
Lynda Boswell, Finance Director
Clifton Williams, CPPB, Purchasing Manager
P.R. NO. 23606
02/05/2024 PDL
Page 5 of 7
Attachment "A"
P.R. NO. 23606
02/05/2024 PDL
Page 5of7
Attachment "A"
P.R. NO. 23606
02/05/2024 PDL
Page 6 of 7
Adurra Group Contract Summary
2/28/2024
Harvey
Project
Public 404
Resolution # Assistance Development Total
18-120 $ 1,700,000.00 1 ,700,000.00
19-096 1,000,000.00 750,000.00 1,750,000.00
20-096 800,000.00 250,000.00 1,050,000.00
21-073 120,000.00 2,100,000.00 2,220,000.00
22-111 120,000.00 - 120,000.00
23-089 10,000.00 - 10,000.00
Total Approved $3,750,000.00 $3,100,000.00 $6,850,000.00
Additional Requested 100,000.00 350,000.00 450,000.00
Total $3,850,000.00 $3,450,000.00 $7,300,000.00
P.R. NO. 23606
02/05/2024 PDL
Page 7 of 7
Attachment " B"
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 Adurra Group, LLC ("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, the 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 for all services under this
Agreement to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of the 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 the Professional
represents that it has special expertise in one or more areas to be utilized in this Agreement, then
the 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 the Professional, the 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 the City, the 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.
2.4 Upon notice of termination by the Professional or City, the Professional shall
immediately surrender all project documents produced by the Professional and its subcontractors
up to and including the date on which the termination notice was given.
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 the
Professional represent the best judgment of the 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 a 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.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and
in accordance with the Rate Schedule in an amount not to exceed$7,300,000.00.
5.2 Each month, the Professional shall submit to the 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,the City shall make
monthly payments in the amount shown by the 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,interne, 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
are 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 the Professional is directed to revise or expand the scope of
services under this Agreement, the Professional shall provide the City a written proposal for the
entire costs involved in performing such additional services. Prior to the Professional undertaking
any revised or expanded services as directed by the City under this Agreement, the 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.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by the 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 the Professional to perform the services
under this Agreement, the Professional shall be authorized to engage the services of any agents,
assistants, persons, or corporations that the Professional may deem proper to aid or assist in the
performance of the services under this Agreement. The cost of such personnel and assistance shall
be borne exclusively by the 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, the Professional is acting as an independent
contractor, and the City assumes no responsibility or liability to any third party in connection with
the services provided by the Professional under this Agreement. All services to be performed by
the Professional pursuant to this Agreement shall be in the capacity of an independent contractor
and not as an agent, servant,representative, or employee of the 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, the 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 the City. The professional shall furnish the City
Manager with 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
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
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.
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.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
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.
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.
Page 6 of 11
City of Port Arthur, Texas
Professional Services Agreement
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.
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: 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.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
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 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 THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,
THE PROFESSIONAL, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH
ACTION OR PROCEEDINGS AT THE PROFESSIONAL'S EXPENSE BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE 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 the
City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by a
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 the 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
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
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 the 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
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 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2024.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald"Ron"Burton,City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
[NAME OF ENTITY],
A Texas
By:
Name:
Title:
Page l0 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services / Schedule
Page 11of11
City of Port Arthur, Texas
Professional Services Agreement
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
Labor Category Hourly Rate-Total including All Expenses
Principal $ 240
Project Team Leader $ 225
Public Assistance Officer I $ 100
Public Assistance Officer 11 $ 120
Public Assistance Officer III $ 140
Mitigation Specialist 1 $ 120
Mitigation Specialist 11 $ 130
Mitigation Specialist Ill $ 150
Appeals Specialist $ 150
Insurance Specialist I $ 100
Insurance Specialist 11 $ 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 Ill $ 140
Debris Specialist I $ 115
$ 130
Debris Specialist II
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