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HomeMy WebLinkAboutPR 24848: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH GRIFFITH MOSELEY JOHNSON & ASSOCIATES PR No. 24848 05/13/26 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH GRIFFITH MOSELEY JOHNSON & ASSOCIATES, INC. (GMJ) OF PORT ARTHUR, TEXAS FOR CONSULTING SERVICES RELATED TO INDUSTRIAL DISTRICT AGREEMENTS (IDAS), TAX ABATEMENTS AGREEMENTS, SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) APPLICATIONS, COMPLIANCE REVIEW AND REVENUE ENHANCEMENT INITIATIVES, WITH A PROJECTED BUDGETARY IMPACT OF $26,000.00 FOR FY25/26; WITH SUBSEQUENT YEARS SUBJECT TO CITY COUNCIL'S ANNUAL APPROVAL AND APPROPRIATION OF THE BUDGET; FUNDS SHALL BE AVAILABLE IN SPECIAL PURPOSE ACCOUNT NO. 001-01-005-5470-00-10-000. WHEREAS,Griffith Moseley Johnson&Associates,Inc.(GMJ)has extensive experience working with municipalities and industrial clients to identify opportunities for increased revenue, streamline compliance, and implement sustainable policy solutions; and WHEREAS,GMJ proposes to provide the following services as described in the attached Scope of Work: 1. Industrial District Agreement(IDA)review and revenue opportunity identification; 2. SEP Application and Third-Party Administrator; 3. Compliance Review,Monitoring,Procedural, and Policy Recommendations; 4. Professional consulting services for matters on an as-needed basis, as directed by the City; 5. Identification and pursuit of other revenue opportunities on behalf of the City as approved by the City; and WHEREAS, it is deemed in the best interests of the City to enter into a professional services agreement with GMJ for consulting services as provided. NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR,TEXAS: THAT,the facts and opinions in the preamble are true and correct. THAT,the City Council hereby authorizes the City Manager to execute the professional services agreement with Griffith Moseley Johnson& Associates, Inc. (GMJ), in substantially the same form,attached hereto as Exhibit"A"for the projected budgetary amount of$26,000.00,with subsequent years subject to City Council's annual approval and appropriation of the budget. THAT,the agreement shall have a term of twenty-four(24)months with funding available in Special Purpose Account#001-01-005-5470-00-10-000. THAT,a copy of the caption of this resolution be spread upon the minutes of City Council. PR No. 24848 05/13/26 ht READ, ADOPTED, AND APPROVED THIS day of 2026 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: CITY OF PORT ARTHUR: Charlotte M. Moses Mayor ATTEST: APPROVED AS T • Sherri Bellard, TRMC Roxann Pais Cotroneo, City Secretary City Attorney APPROVED OR • D I IS TION: 6r; Ronald Burton, ' City Manage APPROVED AS TO AVAILABILITY OF FUND : yn a oswell, A, ICMA-CM Clifton Williams, CPPB Finance Director Purchasing Manager EXHIBIT "A" (Professional Services Agreement) STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR CONSULTING SERVICES COUNTY OF JEFFERSON § This Agreement for Consulting Services ("Agreement")made by and between the City of Port Arthur, Texas, ("City") a Texas home-rule municipality located in Jefferson County, Texas and Griffith Moseley Johnson&Associates,Inc.(GMJ)("Consultant"),a Texas limited liability company, acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Consultant as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS,Consultant desires to render Consultant 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 Consultant Consultant will perform as an independent contractor for all services under this Agreement to the prevailing Consultant standards consistent with the level of care and skill ordinarily exercised by members of Consultant'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 Consultant is representing that it has special expertise in one or more areas to be utilized in the performance of this Agreement,then Consultant agrees to perform those special expertise services to the appropriate local, regional and national Consultant standards. Article II Term 2.1 The term of this Agreement shall begin on the date of execution by all parties and shall remain in effect for a period of twenty-four (24) months or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 Consultant may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Consultant, Consultant shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Apt 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Consultant. In the event of such termination by City, Consultant 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, Consultant 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 Consultant or City, Consultant shall immediately surrender all project documents produced by Consultant and its subcontractors up to and including the date on which termination notice was given. Article III Scope of Services 3.1 Consultant 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 Consultant represent the best judgment of Consultant. Article IV Schedule of Work 4.1 Consultant 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 Consultant's performance of this Agreement is delayed or interfered with by acts of City or others, Consultant 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 Consultant's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Consultant, unless Consultant 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 Consultant 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 Consultant for the services specifically as set forth,ExhibitA and in accordance with the Rate Schedule in the amount of$26,000.00 for said services. 5.2 Each month Consultant 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 Consultant's approved monthly invoice and other documentation submitted. 5.4 Consultant 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 Consultant 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 Consultant 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 Consultant compensation for such services at mutually agreed upon charges or rates, (a copy of the Rate Schedule is attached hereto as (Exhibit A), 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 Consultant is directed to revise or expand the scope of services under this Agreement, Consultant shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Consultant 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Consultant 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 Consultant to perform the services under this Agreement, Consultant shall be authorized to engage the services of any agents, assistants, persons, or corporations that Consultant 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 Consultant. 6.4 Consultant 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, Consultant is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Consultant under this Agreement. All services to be performed by Consultant pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant,representative,or employee of City. Consultant shall supervise the performance of its services and shall be entitled to control the manner,means and methods by which Consultant's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Consultant, require Consultant to complete regular oral or written reports, require Consultant to devote his full-time services to City,or dictate Consultant's sequence of work or location at which Consultant performs Consultant's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Consultant 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. Consultant 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, CPM City Manager 444 4th Street Port Arthur, Texas 77640-1089 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. Consultant Liability Insurance to provide coverage against any claim which the Consultant and all Consultants engaged or employed by the Consultant become legally obligated to pay as damages arising out of the performance of Consultant 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, Consultant 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+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 Consultant agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that City shall have access during normal working hours to all necessary Consultant 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 Consultant reasonable advance notice of intended audits. 9.2 Consultant 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. Consultant may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Consultant 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, CPM, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Roxann Pais Cotroneo, City Attorney If intended for Consultant: Griffith Moseley Johnson(GMJ) 2901 Turtle Creek Drive, Suite 445 Port Arthur, Texas 77642 (409) 722 -5101 Attn: Megan Gallien mgallien@gmj inc.com 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. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 10.13 Consultant's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, 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 Consultant, its employees, associates, agents or sub-consultants. 10.14 Indemnification. CONSULTANT 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 CONSULTANT'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF CONSULTANT, 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 CONSULTANT, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT CONSULTANT'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. CONSULTANT'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONSULTANT 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. Consultant represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Consultant 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, Consultant 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 Consultant's obligations under this Agreement, then City shall have the right, if Consultant shall not cure any such default after thirty (30) days written Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement 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 Consultant'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 Consultant hereunder, Consultant shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Consultant hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Consultant's obligations in accordance with this Agreement,which is of a confidential,non-public or proprietary nature. Consultant shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Consultant'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 Consultant 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 Consultant,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 Consultant 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 Consultant. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2026. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton,CPM, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney EXECUTED this day of , 2026. CONSULTANT: GRIFFITH MOSELEY JOHNSON & ASSOCIATES(GMJ) By: Name(Print): Title: Page l0 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/Proposal Page 1lofll City of Port Arthur, Texas Professional Services Agreement GRIFFITH MOSELEY JOHNSON March 26, 2026 City of Port Arthur,Texas Attention: Ron Burton, City Manager P.O. Box 1326 Port Arthur,TX 77641 Re: Proposal for Consulting Services Submitted by Griffith,Moseley,Johnson &Associates, Inc. Introduction Griffith, Moseley,Johnson &Associates, Inc. (GMJ) is pleased to submit this proposal to the City of Port Arthur, Texas to provide professional consulting services related to Industrial District Agreements (IDAs), Tax Abatement Agreements (312s), Supplemental Environmental Project (SEP) applications, compliance review, and revenue enhancement initiatives. GMJ has extensive experience working with municipalities and industrial clients to identify opportunities for increased revenue, streamline compliance, and implement sustainable policy solutions. Scope of Services GMJ proposes to provide the following services: 1. Industrial District Agreement (IDA) Review and Revenue Opportunity Identification: GMJ will Review industrial/commercial properties within and adjacent to the City's extraterritorial jurisdiction (ETJ), to identify companies operating without current IDAs who are not paying IDA taxes or property taxes to the City. This is an opportunity for new IDA agreements that could generate additional revenue whereby the City is able to provide IDA services. GMJ will prepare written findings and assist in outreach and coordination efforts as requested. 2. SEP Application and Third-Party Administrator: GMJ will prepare and submit Supplemental Environmental Project (SEP) application (s) to the Texas Commission on Environmental Quality(TCEQ),and coordination with City and TCEQ staff as needed until submission is complete. Once approved by TCEQ, weekly GMJ will pursue contributions to the SEP from regulated entities and administer the program as the third-party administrator to ensure compliance with program administrative and reporting requirements. 3. Compliance Review, Monitoring, Procedural,and Policy Recommendations: GMJ will review company compliance report submissions related to Tax Abatement and IDA agreement requirements and prepare written findings. In this process GMJ will provide recommendations for City compliance requirements, and policy enhancements, including potential penalties and cost recovery mechanisms. A key part of our services would be to help the City implement such a policy, ensuring that compliance monitoring costs are covered by the industries and companies involved. 2545 Lakeshore Drive Port Arthur,Texas 77642 409.722.5100 voice 409.722.5101 facsimile GMJ will provide ongoing assistance with compliance monitoring, IDA invoice review, and procedural improvements as requested by the City. GMJ will work with City staff on any new IDA's or tax abatement agreements to review compliance with statutes and make recommendations on other initiatives. 4. Professional Consulting Services for the City of Port Arthur as directed by the City Manager or their designee. 5. Identification and pursuit of other revenue opportunities on behalf of the City as approved by the City. Fee Structure 1. For IDA Review of Companies in the ETJ operating without an IDA:GMJ shall receive a one time fee of fifteen percent(15%)of new revenue collected and received by the City as a result of GMJ's review and recommendations, payable within thirty (30) days of the City's receipt of such revenue. GMJ will not charge for the review if new revenue is not realized. "New Revenue"means newly acquired industrial-related revenue or incremental revenue streams identified by Consultant that were previously unknown to the City and not already being pursued, negotiated, anticipated, or collected by the City in the ordinary course of business. "New Revenue" does not include renewals, amendments, automatic increases, CPI adjustments, existing agreements, previously identified projects, or normal growth associated with existing industrial operations or relationships. Consultant shall only be entitled to compensation for New Revenue that: (i) is independently identified by Consultant; (ii) is verified and accepted in writing by the City; (iii) results in actual, incremental revenue received by the City; and (iv) would not have been identified, assessed,or collected by the City in the ordinary course of its business or operations. 2. For SEP Application and Third-Party Administrator: GMJ shall receive a fixed fee of Five Thousand Dollars ($5,000.00) upon submission of each SEP application approved by the city manager for submission to TCEQ. Third-party administration of the program fee will be fifteen percent (15%) of any SEP-related contributions received by the City, payable within thirty (30) days of receipt. This service will automatically renew annually as long as the SEP agreement is in place for the City. In the event the SEP agreement terminates, expires, or is otherwise no longer in effect, this service agreement shall automatically terminate and shall not renew further. 3. For Compliance Review, Monitoring, Procedural and Policy Recommendations: GMJ shall be compensated at an hourly rate of Two Hundred Fifty Dollars ($250.00). GMJ will help the City incorporate a reimbursement policy into the City's IDA and Abatement Policies for Companies to Reimburse the City for City monitoring costs and our fees. The hourly fee will be billed monthly with an hourly description of services performed and payable within thirty(30) days. 4. For Professional Consulting Services for the City of Port Arthur: GMJ shall be compensated at an hourly rate of Two Hundred Fifty Dollars ($250.00), billed monthly with an hourly description of services performed and payable within thirty(30)days. 5. Other Revenue Opportunities: GMJ may present other revenue opportunities to the City, the fee for which would be an addendum to this agreement as approved by City. General Terms and Conditions A. Independent Consultant—GMJ is an independent professional services consultant and not an employee or agent of the City. B.Confidentiality—GMJ shall maintain the confidentiality of all City records,data,and proprietary information. C. Non-Contingent Payment — The City shall remit payment within the terms specified herein, regardless of internal administrative decisions to self-administer related programs. D. Conflict of Interest—GMJ shall disclose any potential conflicts of interest and may be recused from any matter as appropriate or may be asked by the City to be recused. Notice of potential conflicts will be noticed by email to the City manager. E. Compliance with Laws—GMJ shall comply with all applicable local, state, and federal laws and ethical standards. 4.Term and Deliverables This Agreement shall have a term not to exceed two (2) years, unless earlier terminated or extended as permitted herein. Notwithstanding the foregoing, Consultant is authorized to continue performance of any services that were initiated during the term of this Agreement, solely to the extent reasonably necessary to complete such services and finalize all related project deliverables.The scope,schedule,and term of this Agreement may be modified from time to time upon written request and mutual written agreement of the parties. 1 Conclusion GMJ is committed to providing the City of Port Arthur with professional,transparent,and results- oriented services. We look forward to the opportunity to assist the City in enhancing its revenue base, strengthening compliance, and achieving its long-term goals. Respectfully submitted, Griffith, Moseley,Johnson &Associates, Inc. Carl Griffith, President&CEO 2545 Lakeshore Drive, Port Arthur,Texas ACCEPTANCE: By their signatures below, the duly authorized representative of City and Consultant accept the terms of this agreement in full. Effective Date: City of Port Arthur,Texas Griffith, Moseley,Johnson &Associates, Inc. By: Ron Burton, City Manager By: Carl Griffith, President&CEO GMJ