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HomeMy WebLinkAboutPR 24214: RENEWAL OF CONTRACT WITH ARDURRA GROUP, LLC City of L, ort rtiz r�`--- Trsus www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: March 5, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 24214—A proposed resolution authorizing a fifth-year(fourth and final) renewal of the contract with Ardurra Group, LLC for the ARPA Program Introduction: This agenda item seeks the City Council's consideration and approval of P.R. NO. 24214, authorizing the fifth-year (fourth and final) renewal of the contract with Ardurra Group, LLC, for continued support with the administration, compliance, and closeout of ARPA grant funding. Background: On August 3, 2021, the City of Port Arthur entered into a contract with Ardurra Group, LLC, as authorized by Resolution No. 21-318, to provide grant management services for the administration of ARPA funds. The City has since renewed this contract through subsequent resolutions, including: • First Renewal: Resolution No. 22-361 • Second Renewal: Resolution No. 23-313 • Third Renewal: Resolution No. 24-115 The City of Port Arthur was awarded federal ARPA funding to mitigate the financial impact of the COVID-19 pandemic by supporting public health, economic recovery, infrastructure improvements, and other eligible expenditures as outlined by U.S. Department of Treasury guidelines. Ardurra Group, LLC has provided critical grant management services to ensure compliance with federal regulations, reporting requirements, and effective implementation of these funds. As the ARPA program enters its final phase, this renewal will ensure the City successfully meets all federal deadlines, completes required reporting, and closes out all projects in compliance with U.S. Treasury guidelines. Budget Impact: The proposed contract renewal amount is $180,000, bringing the total contract cost to $900,000 over the duration of the ARPA program. Funding for this renewal will be provided from the City's allocated ARPA administrative budget and will ensure the successful completion and closeout of all ARPA-funded projects in compliance with federal regulations. Funds will be paid from ARPA Account 169-07-015-5470-00-40-000; Project No. ARP007. Recommendation: The City Council is recommended to approve P.R. NO. 24214 authorizing the fifth-year (fourth and final) renewal of the contract with Ardurra Group, LLC, for continued support with the administration, compliance, and closeout of ARPA grant funding. P.R. NO. 24214 03/19/2025 PDL Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING A FIFTH-YEAR (FOURTH AND FINAL) RENEWAL OF THE CONTRACT WITH ARDURRA GROUP, LLC FOR ASSISTANCE WITH THE AMERICAN RESCUE PLAN ACT (ARPA) PROGRAM/GRANT MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $180,000, BRINGING THE TOTAL CONTRACT AMOUNT TO $900,000; AND AUTHORIZING FINAL CLOSEOUT ACTIVITIES THROUGH APRIL 1, 2026; FUNDING AVAILABLE IN ARPA ACCOUNT NO. 169-07-015- 5470-40-00-000, PROJECT NO. ARP007. WHEREAS, the City of Port Arthur received federal funding through the American Rescue Plan Act (ARPA) to address public health, economic recovery, and infrastructure needs in response to the COVID-19 pandemic; and, WHEREAS, in accordance with federal grant requirements, the City advertised for proposals for program/grant management services and, after a competitive bidding process, authorized contract negotiations with Ardurra Group, LLC, per Resolution No. 20-465, for these services, approving an initial one-year contract with the option to renew for four (4) consecutive years; and, WHEREAS, the City entered into a contract with Ardurra Group, LLC for Disaster Recovery Grant Management and Administration Services associated with the American Rescue Plan Act (ARPA) Program as authorized by Resolution No. 21-318; and, WHEREAS, the City previously authorized renewals of this contract through Resolution Numbers 22-361, 23-313, and 24-115 for continued assistance with technical and professional services associated with the ARPA Program in an amount not to exceed $180,000.00/annually with funding available in the city's designated ARPA Account; and, WHEREAS, the City recognizes the need for continued assistance with the American Rescue Plan Act Program/Grant Management Services and desires to authorize a fifth-year (fourth and final) renewal of the contract with Ardurra Group, LLC in an amount not to exceed $180,000; and, P.R. NO. 24214 03/19/2025 PDL Page 2 of 4 WHEREAS, the City Council of the City of Port Arthur finds it in the citizens' interest to award Ardurra Group, LLC a fourth and final contract renewal. 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 hereby authorized to execute a fifth-year (fourth and final) renewal of the contract with Ardurra Group, LLC, for assistance with the American Rescue Plan Act Program/Grant Management Services in an amount not to exceed $180,000, bringing the total contract amount to $900,000 over the duration of the ARPA program. 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 March, A.D., 2025, 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, TRMC, City Secretary P.R. NO. 24214 03/19/2025 PDL Page 3 of 4 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, CPM, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Lynda Boswell, Finance Director Clifton Williams, CPPB, Purchasing Manager P.R. NO. 24214 03/19/2025 PDL Page 4 of 4 Attachment 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 Ardurra 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 Exhibit A 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 14 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 Exhibit A and in accordance with the Rate Schedule in an amount not to exceed$180,000.00. 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,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 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 14 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 14 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 for each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covers 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 the City. 8.2 With reference to the foregoing required insurance, the Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of the 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 additional insureds on the Commercial General Liability policy using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that the 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 5of14 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 14 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: Ardurra Group, LLC 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 14 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 14 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 the 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 use or 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 the 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 a 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 14 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2025. 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: Roxanne Pais Cotroneo, City Attorney EXECUTED this day of , 2025. PROFESSIONAL: Ardurra Group,LLC A Limited LiabilityCorporation By: Name: Title: Page 10 of 14 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services / Schedule Page 11 of 14 City of Port Arthur, Texas Professional Services Agreement I Ardurra Scope of Grant/Program Management Services American Rescue Plan Support The Ardurra focus and support to the City of Port Arthur relative to the American Rescue Plan Act of 2021 is unique because of the funding source, but in many ways, it does follow the traditional Project Management Model. The Ardurra services include but are not limited to the below activities. Ardurra 's project management expertise will be consistent throughout the process, document management process, weekly progress, project update meetings with appropriate personnel,compliance monitoring,and financial reconciliation of projects.Ardurra will also cover attendance at project meetings both with and for the City with contractors and agencies. 1. Project Identification: Ardurra will work closely with various departments to vet potential projects that are within the Act guidelines and provide a connection to the COVID-19 pandemic. This service requires a regular review and awareness of the movements at the federal and state levels, which impact the use of and compliance monitoring of the ARPA Funds. The Project Identification activities will require ongoing meetings and discussions with key city personnel to develop the list of potential projects that will then be integrated into a larger master project proposal. 2. Project Development: Ardurra will initially assist the City with formatting projects to a conceptual level,with the primary focus on identifying how the project may fit into the ARPA funding guidelines. In this phase of Project Development,Ardurra will assist the City in developing a reasonable level of project funding projections and maintain a perspective on the overall proposed ARPA budget allocations. Also, at this stage, general project timelines would be developed accounting for the regulatory reviews that may be needed to implement projects. Ardurra will provide the city with specific funding expenditure guidance so that proper budget amendments can be made and project funding schedules can be projected. To meet the ARPA Interim Rule, Ardurra will confirm each project's specific reference to the supporting clause( s)justifying the financial consideration for the project. 3. Project Scope Formulation/Public Review/Communication At this stage of the process, Ardurra will assist the city in community outreach and the dissemination of proposed project information. Working with the City's Information Officer and other designated personnel, Ardurra will facilitate productive and focused public reviews and education about the intended projects as they are developed. Page 12 of 14 City of Port Arthur, Texas Professional Services Agreement Assist the City with the development of scope and bid packages that align with the project scopes of work in response to impacts or damages related to the declared disaster. Coordinate and interface with engineering and design efforts for construction projects aligning with infrastructure and physical plant project funding guidelines. Provide preliminary engineering design and oversight and construction management when advantageous to the City and to ensure processes comply with funding eligibility and cost reasonableness. Assist with the procurement of architectural and/or design firms. Ardurra will gather, collect,and manage project-relevant data and ensure that the project advances according to the city's consensus.Ardurra will also troubleshoot any compliance issues before they become a project obstacle. Ardurra will maintain the record of public input,incorporate all applicable information or data that will benefit the project specifically, and make note of the expected impacts on the city. Following the direction of the City, Ardurra will support presentations or project reviews with neighborhood groups, community organizations, and the City's professional partners as needed. Communication of project details will be provided at the direction of the City to the general public as well. Ardurra will provide quarterly reports to the City Council regarding project statuses and outcomes, as well as any projected problems or plan amendments. 4. Project Implementation Ardurra will assist all relevant city departments in developing necessary procurement documents that are 2 CFR Compliant and meet the City's procurement policies. Ardurra will also provide oversight and Quality Assurance as requested to ensure that project advertisements and published scopes remain consistent with the City Council's approval. As multiple projects begin to be worked on, Ardurra will monitor construction progress,review payment requests from contractors and vendors, monitor scope compliance, and monitor project schedules and payments. Ardurra will also assist the City in making funding requests as needed on projects that have outstanding funding allocations. 5. Project Compliance Reporting Ardurra will work with the City to provide the Treasury Department with all required compliance reports,respond to any Requests for Information, and prepare project files for Closeout inspection. Page 13 of 14 City of Port Arthur, Texas Professional Services Agreement As the project advances, Ardurra will work with the City to eliminate the need for change orders for convenience and ensure that only those items of truly unforeseen circumstances are considered for change orders. Page 14 of 14 City of Port Arthur, Texas Professional Services Agreement