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16 - Approve Addenda III and IV with Resource Management for third party administration of equipment and project purchases using ARPA FundingItem No. 16 TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: American Rescue Plan Act Coronavirus Local and State Fiscal Recovery Fund Third Party Administrator Services Amendments III and IV DATE: December 13, 2021 BACKGROUND: In March 2021, Congress passed the ARP Act which included funding for local governments in response to the CoVid-19 pandemic. This is a follow up program to the CARES Act that was passed in 2020 which gave the City approximately $1.5 million last year. With the ARP Act, the City received $3 million in August 2021 and will receive another $3 million in 2022. On September 27, 2021, the City entered in to a Third Party Administrator Agreement with Resource Management and Consulting. This agreement is to be amended from time to time as the City develops new projects for the ARPA Funding. The City has therefore approved Amendments I (Ground Storage Facility Generator) and II (Pat Mayse Intake Generator). To utilize this money, we must follow all Federal rules and guidelines for procurement, reporting, documentation, administration, etc. This is a very cumbersome and specialized task. The City of Paris typically contracts out for third party administrator services as we do not have the time or resources to perform these tasks internally. To make mistakes using this funding could bring serious consequences to the City of Paris including jeopardizing our ability to receive funding in the future. STATUS OF ISSUE: In the FY21/22 Budget, the City identified a series of items and equipment to purchase using CARES Funding and ARPA Funding. The City originally planned to purchase the following items using CARES Funding: 1. Police Department CAD Server 2. Fire Department SCBA Regulators 3. Fire Department Emergency Generator — Station #3 4. EMS Department TechGen Rescue Pants 5. EMS Department LifePak DOT Rated Mounts 6. EMS Department Stryker Siderails and Powerloads 7. Public Works Department Combination Vacuum / Jet Truck In addition, the City had originally planned to purchase the following items using ARPA Funding: 1. Semi Truck 2. Low Boy Trailer 3. Excavator 4. Backhoe 5. Asphalt Grinder Machine 6. Asphalt Paving Machine 7. Water Line Extension and Redundancy Project (Gene Stallings Park / Lionshead Project) 8. Ground Storage Facility Backup Generator We were still learning more about the ARPA Funding when the FY21/22 Budget was being written and approved. Afterwards, it was learned that items #1-6 would not qualify for ARPA Funding. However, we learned that of those items planned for our CARES Funding, items #1-7 of the CARES list above, would in fact qualify for the ARPA Funding. Therefore, the City Manager made the decision to swap those items in the CARES Funding with what could be afforded in the ARPA Funding. ARPA Items #1-6 were more expensive than CARES Items #1-7, so only the Semi Truck, Low Boy Trailer, and Excavator are being considered for funding now as CARES Funding, while CARES items #1-7 are being swapped over to ARPA Funding. Whichever items ended up in ARPA Funding, Third Party Administration would be necessary. At this time, the Backhoe, Asphalt Grinder Machine, and Asphalt Paving Machine will not be pursued in the FY21/22 Budget for lack of eligible funding. It must also be noted that CARES Item #7 was originally planned to be just a Jet Truck. However, ARPA would only pay for a Combination Vacuum / Jet Truck. This is a much larger truck, and will cost nearly $100k more, but after consulting with staff, the Combination Trucks we currently have will very soon be on the list of needing to be replaced and given a Combination Truck is more versatile than just a Jet Truck, we will be pursuing the Combination Truck instead of a Jet Truck, using the ARPA Funding. The Jet Truck is a smaller truck and therefore easier to maneuver and work with, but given the ARPA Funding is available to us, it is available only for Combination Trucks, Combination Trucks are more versatile than Jet Trucks, and there is no foreseeable revenue source in the near future to replace the aging Combination Trucks we currently have, we believe it wise to pursue the Combination Truck rather than the Jet Truck even though it is more expensive. Our water and sewer maintenance service highly depends on a functional vacuum and jet truck capability. Working with RMC, we have bid out for the Water Line Extension and Redundancy Project materials (it is expected that this will also be on your agenda tonight to award a bid). The City Public Works Department will be performing its own labor to install these water lines which will save many hundreds of thousands of dollars in contracted labor. The City then plans to submit its time spent on this project, as well as eligible EMS, Police and Fire payroll, back to the ARPA for reimbursement, which will help free up ARPA Funding (similar to what we did with the CARES Funding) which can then be applied to the various RMC Amendments we have approved. The RMC Amendments are not being directly funded by ARPA, but rather through the General Fund, thus ARPA funding for staff time will be used to reimburse the General Fund. Tonight, the City Council has Amendments III and IV for the following ARPA purchases and projects: 1. Police Department CAD Server 2. Fire Department SCBA Regulators 3. Fire Department Emergency Generator — Station #3 4. EMS Department TechGen Rescue Pants 5. EMS Department LifePak DOT Rated Mounts 6. EMS Department Stryker Siderails and Powerloads 7. Public Works Department Combination Vacuum / Jet Truck 8. Water Line Extension and Redundancy Project (Gene Stallings Park / Lionshead Project) BUDGET: For Addenda III to provide project -specific administrator services for the equipment purchase and necessary installation as applicable, RMC has proposed a $14,700.00 addenda. This is roughly 2.5% of the estimated $588,870.00 in equipment purchases. For Addenda IV to provide project -specific administrator services for the Water Line Extension and Redundancy Project (Gene Stallings Park), RMC has proposed a $35,000.00 addenda. The total cost of this project is not yet fully known as materials are currently in bid phase, but it was estimated at $540,000.00 in FY21/22, thus the addenda is roughly 6.5% of the estimated material cost (not including our own labor for the project). We feel these are very reasonable given the administration requirements under ARPA. The RMC Third Party Administrator Expenses were not included in the General Fund FY21/22 Budget, but as was stated in the Background and Status sections above, these services are necessary for seeking and using ARPA Funding, and the City will be seeking ARPA Funding reimbursement for its own payroll expenses that it can then use to reimburse the General Fund for RMC Third Party Administrator expenses. This will be done later in FY21/22. OPTIONS: 1. Approve the Professional Service Agreement Amendments III and IV for Third Party Administrator Services at $14,700.00 and $35,000.00 respectively and authorize the City Manager to sign. 2. Approve Amendment III or Amendment IV. 3. Request additional information and/or reject the Amendments. RECOMMENDATION: 1. Approve the Professional Service Agreement Amendments III and IV for Third Party Administrator Services at $14,700.00 and $35,000.00 respectively and authorize the City Manager to sign. THE STATE OF TEXAS COUNTY OF LAMAR Professional Services Contract — Addenda III THIS ADDENDA is entered into on this IP day of December, 2021, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and Resource Management and Consulting ("hereinafter referred to as "CONSULTANT") whose address is 3729 Lamar Ave., Paris, TX 75460. WITNESSETH: WHEREAS, The CITY entered in to a professional services agreement with CONSULTANT on September 27, 2021 to assist in the general administration of the CITY's awarded ARP Act Coronavirus Local and State Fiscal Recovery Fund (CLFRF) Program Funding; and WHEREAS, The CITY wishes to add additional services to CONSULTANT by means of this Addenda III; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements provided in the Professional Services Agreement and the terms and conditions hereinafter stated, the parties hereto do mutually agree to add the following Scope of Services: The Consultant shall provide administrative services to the City for the purpose of remaining in compliance with and to fulfill the requirements of the Terms and Conditions of the Coronavirus Local and State Fiscal Relief Fund (CLFRF) through the U.S Department of Treasury. Services related to equipment purchases for the EMS, Police, Public Works and Fire Departments consisting of but are not limited to: 1. General project administration a. Establish and maintain recordkeeping systems related to the equipment. b. Serve as a liaison between City and U.S. Department of Treasury/Texas Department of Emergency Management as related to the equipment purchases. c. Provide guidance on program compliance. d. Prepare for submission of project closeout. 2. Assist with procurement through small purchase, cooperative purchasing, or sole source for items and equipment identified below (Specifications provided by City): a. Police Department i. CAD Server b. Fire Department i. SCBA Regulators ii. Emergency Generator — Station #3 c. EMS Department i. TechGen Rescue Pants ii. LifePak DOT Rated Mounts iii. Stryker Siderails and Powerloads d. Public Works Department i. Combination Vacuum / Jet Truck 3. Assist with procurement of contractor for installation (server and generator) 4. Monitor project for prevailing wage rates (server and generator) 5. Process associated change orders 6. Process COCC and other related closeout documents 7. Assure compliance with Terms and Conditions of Program 8. Assure compliance with Federal and State Assurances, Laws, Acts, Regulations, and Executive Orders The contract fee for services described in "Addenda III" shall be a sum not to exceed Fourteen Thousand Seven Hundred and no/100 Dollars ($14,700.00). APPROVED AS TO FORM: Stephanie Harris, City Attorney Date Signed: Grayson Path, City Manager Date Signed: Resource Management and Consulting (Consultant) By----------------------------------------- Charles Edwards, Vice President Date Signed: [Remainder of page left blank intentionally.] THE STATE OF TEXAS Professional Services Contract — Addenda IV COUNTY OF LAMAR THIS ADDENDA is entered into on this 1311 day of December, 2021, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and Resource Management and Consulting ("hereinafter referred to as "CONSULTANT") whose address is 3729 Lamar Ave., Paris, TX 75460. WITNESSETH: WHEREAS, The CITY entered in to a professional services agreement with CONSULTANT on September 27, 2021 to assist in the general administration of the CITY's awarded ARP Act Coronavirus Local and State Fiscal Recovery Fund (CLFRF) Program Funding; and WHEREAS, The CITY wishes to add additional services to CONSULTANT by means of this Addenda IV; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements provided in the Professional Services Agreement and the terms and conditions hereinafter stated, the parties hereto do mutually agree to add the following Scope of Services: The Consultant shall provide administrative services to the City for the purpose of remaining in compliance with and to fulfill the requirements of the Terms and Conditions of the Coronavirus Local and State Fiscal Relief Fund (CLFRF) through the U.S Department of Treasury. Services related to Phase I water line extension and redundancy project consisting of but are not limited to: 1. General project administration a. Establish and maintain recordkeeping systems related to the project. b. Serve as a liaison between City and U.S. Department of Treasury/Texas Department of Emergency Management as related to the project. c. Provide guidance on program compliance. d. Prepare for submission of project closeout. 2. Assist with procurement through small purchase, cooperative purchasing, or sealed bid for items related to Phase I water line extension and redundancy project 3. Assist with record-keeping associated with force account personnel and equipment use. 4. Process associated change orders 5. Process COCC and other related closeout documents 6. Assure compliance with Terms and Conditions of Program 7. Assure compliance with Federal and State Assurances, Laws, Acts, Regulations, and Executive Orders These services are based upon a timeline of four (4) months for construction completion after receipt of materials. In the case of additional construction time required, the City and Consultant may amend this agreement. The contract fee for services described in "Addenda IV" shall be a sum not to exceed Thirty -Five Thousand and no/100 Dollars ($35,000.00). ----------------------SIGNATURE PAGE FOLLOWS---------------------- APPROVED AS TO FORM: Stephanie Harris, City Attorney Date Signed: Grayson Path, City Manager Date Signed: Resource Management and Consulting (Consultant) By----------------------------------------- Charles Edwards, Vice President Date Signed: [Remainder of page left blank intentionally.]