HomeMy WebLinkAboutPR 22453: APPROVING A CONSULTING AGREEMENT WITH EDDIE P E AOCK, PLLC I
City of „:„.:„..._:_r
4
rirl Tt/tlh��
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: 3/22/2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Director of Finance
RE: PR No. 22453 Approval of a consulting agreement with Eddie Peacock, PLLC
to provide interim accounting support.
Introduction: Request approval for the City Manager to execute a consulting agreement with
Eddie Peacock, PLLC to provide interim accounting support to the Finance Department for a
six-month period with the option to extend if necessary.
Background: The COVID-19 pandemic as well as staffing issues has caused the Finance
Department to fall behind in completion of the City's Annual Comprehensive Financial
Reports. Additional support services are needed to assist the department so that the FY2021
report can be completed in a timely fashion.
The CPA firm of Eddie Peacock, PLLC has been in practice since 2003 and specializes in
fiscal consulting and interim support for local governments. Mr. Peacock's firm has worked
with an extensive list of Texas cities over the years and comes highly recommended.
Budget Impact: Funds are available in the Finance Department professional services account
no. 001-07-015-5420-00-10-000.
Recommendation: The attached Proposed Resolution No. 22453 authorizes the City Manager
to execute a consulting agreement with Eddie Peacock, PLLC to provide interim accounting
support to the Finance Department for a six-month period. We recommend that the City
Council approve it as presented.
"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
Eddie Peacock, PLLC ® o 0
Hon-, Services Bank Reconciliations Awards Credentials Professional Presentations
•
Eddie Peacock Interim Accounting & Budget Prep
Support Reporting & Adoption
Interim staffing for: FYE Audit Preparation Budget
Bud Policies
Finance Director Preparing the CAFR Statutory Requirements
Assistant Finance GFOA CAFR Award Budget Preparation
Director Cash&Investments Tax Rate Adoption
Budget Director Debt Administration GFOA Distinguished
Fiscal Consulting for Accounting Manager fir Budget Award
- :
Local Government
Tel: (214) 356 0116 Summary of Experience
Eddie's public sector experience began with an administrative financial internship for the City of
Email: Grand Prairie in 1986.After graduation from UT Arlington,Eddie progressed in responsibility with
eddie@eddiepeacockpllc.com the City of Grand Prairie as an Accountant.
Located In Grapevine, Serving Adding further career progression in the public sector,Eddie served with several cities in
Texas accounting management and supervisory roles,fulfilling the fiscal responsibilities of financial
reporting,purchasing,budget preparation and fiscal planning.
As the Accounting and Purchasing Manager for the City of Keller,Texas,Eddie's completed projects
included set up of the Pooled Cash and Investments Fund and implementation of fixed assets
software.
Eddie also served on the Investment Committee for the City of Keller.
Eddie served as the Chief Accountant for the City of DeSoto,Texas.His responsibilities there included coordination of the annual external audit
engagement and publication of the Comprehensive Annual Financial Report.Eddie also assisted in budget preparation and training,and was responsible
for publication of the Annual Budget Document to receive the GFOA Distinguished Budget Award.
Eddie served as the Accounting Manager for the Town of Flower Mound.At Flower Mound he coordinated the annual external audit.
Entering a consulting role in the private sector,Eddie worked as an independent consultant for Rreef Management Company,a real estate management
company.His work there included analysis of retail tenant lease agreements and account histories in the recent acquisition of three major shopping
malls.
Continuing in the private sector,Eddie served as the Accounting Manager for Pinnacle Consultants,LP,a large medical practice in the Dallas-Fort Worth
area.While gaining experience in the health care industry,Eddie set up new ZBA bank accounts with positive pay to improve cash management,
coordinated the implementation of fixed asset software,implemented State Unclaimed Property reporting,and wrote approved Accounting Policies and
Procedures.
Eddie returned to the public sector as a Senior Consultant for Government Resource Associates.Eddie assisted in completing local government long-
range financial plans and roadway and water and wastewater impact fee credit calculations and reports.Eddie also provided client interim staff support
and assisted in preparing annual financial statements,as well as GASB 34 implementation projects.
Eddie started his own CPA practice in 2003,specializing in fiscal consulting and interim support for local governments.Eddie continues to associate with
Government Resource Associates on fiscal and interim support projects with a number of cities.Eddie's current and most recent engagements include
GASB 34 implementations,project management and staff training for GFOA award programs including the Distinguished Budget Award and Certificate of
Achievement for Excellence for Financial Reporting.
List of Cities:
Eddie has independently completed or assisted on projects in association with Government Resource Associates(GRA)for the following cities:
City of Cedar Hill(GRA)-Roadway and Water and WW Impact Fee Credit Analysis
City of Colleyville(GRA)-Roadway Impact Fee Credit Analysis
City of Corinth(GRA)-GASB 34 implementation,water and sewer rate study
City of Grand Prairie-Housing Finance Corporation,GASB 34 financials
City of Hurst(GRA)-Fiscal analysis
City of Keller(GRA)-Fiscal analysis
City of Mesquite(GRA)-Roadway Impact Fee Credit Analysis
City of Plano(GRA,Project Management)-W/WW Impact Fee Study and Credit Analysis
City of Rowlett(GRA)-Roadway and Water and WW Impact Fee Credit Analysis
Town of Sunnyvale(GRA)-Roadway and Water and WW Impact Fee Credit Analysis
City of Lake Worth(GRA)-GASB 34 fixed assets valuation and implementation
City of Grand Prairie(GRA)-Water and WW Impact Fee Credit Analysis
City of Howe-GASB 34 implementation
City of Murphy-GASB 34 fixed assets valuation and conversion to Incode sub-ledger
City of Corinth-FY 2003 GASB 34 conversion
City of Bridgeport-FY 2004-05 Annual Budget Document,first time recipient for the GFOA Distinguished Budget Award
City of Jacksboro-FY 2004 GASB 34 implementation
City of Corinth-FY 2004 Comprehensive Annual Financial Report,first time recipient for the GFOA Certificate of Achievement for Excellence in Financial
Reporting.
City of Corinth-Interim Finance Director,April-October 2005 including 1)annual budget process and adoption and,2)staff support and training for:a)
submitting the FY 05-06 Annual Budget Document to the GFOA Distinguished Budget Award Program(first time recipient for the GFOA Distinguished
Budget Award)and,b)staff training to prepare and submit the FY 04-05 Comprehensive Annual Financial Report to the GFOA awards program for the
Certificate of Achievement for Excellence in Financial Reporting.
City of Bridgeport- interim staff support and training:1)prepare and submit the FY 05-06 Annual Budget Document for the GFOA Distinguished Budget
Award and,2)prepare and submit the FY 04-05 Comprehensive Annual Financial Report to the GFOA awards program for the Certificate of Achievement
for Excellence in Financial Reporting.
City of Jacksboro-interim staff support and training to:1)prepare and submit the FY 05-06 Annual Budget Document for the GFOA Distinguished Budget
Award and,2)prepare and submit the FY 04-05 Comprehensive Annual Financial Report to the GFOA awards program for the Certificate of Achievement
for Excellence in Financial Reporting.
City of White Settlement(GRA)-staff support and training FY 05 audit process,and submit the FY 04-05 Comprehensive Annual Financial Report to the
GFOA awards program for the Certificate of Achievement for Excellence in Financial Reporting.
®Eddie Peacock,PLLC 2017 Made with xara
P. R. NO. 22453
KD: 3/22/2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONSULTING AGREEMENT WITH
EDDIE PEACOCK, PLLC TO PROVIDE INTERIM
ACCOUNTING SUPPORT TO THE CITY OF PORT
ARTHUR FOR A SIX-MONTH PERIOD IN AN AMOUNT
NOT TO EXCEED $99,000. FUNDS ARE AVAILABLE IN
THE FINANCE DEPARTMENT ACCOUNT #001-07-015-
5420-00-10-000.
WHEREAS,the COVID-19 pandemic as well as staffing issues has caused the Finance
Department to fall behind in completion of the City's Annual Comprehensive Financial Reports;
and
WHEREAS, additional support services are needed to assist the department in order to
complete the reports in a timely fashion.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City of Port Arthur a consulting agreement between the City of Port Arthur
and Eddie Peacock, PLLC, to provide interim accounting support to the City for a six-month period,
as described in Exhibit "A"; and
THAT a copy of said contract is attached hereto and made a part hereof as Exhibit "A"; and,
THAT a copy of the caption of this resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED,AND APPROVED, this day of March,2022,A.D.,at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROV : :S TO FORM:
' ilk GO C)S°.)11\441‘ i ___Lic
' al izen• ►rty Attorney \/jL1 e7 efi\,j
APPROVED FOR AVAILABILITY OF FUNDS:
kcA...._ I J O. M A-13
Kandy Dan e1, Interim Director of Finance
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
PR, a 0 `-i
EXHIBIT "A"
Eddie Peacock, PLLC
102 Brookside Drive
Grapevine, Texas 76051
March 21, 2022
Kandy Daniel
Interim Finance Director
City of Port Arthur
Re: Engagement Letter, Appendix A
Dear Ms. Daniel:
Thank you for inviting the firm of Eddie Peacock, PLLC to provide this proposal
for professional services to the City of Port Arthur. I have created the proposed
scope of services based on the information you have provided and my
understanding of your requirements.
This engagement letter serves to clarify the scope of services and the
responsibility of Eddie Peacock, PLLC in this effort.
You will note that my services extend only to providing interim accounting
support. Services will generally fall within those required to provide continuity and
accounting management based on a staff vacancy. I do not provide any auditing
or any assurances or opinions on the financial information. I will rely on the City
of Port Arthur for the accuracy of information provided.
Please review the attached contract for services and see if it meets your needs
Sincerely,
&24aa,P. .04.,
Edward B. Peacock, CPA
Owner
eddie(W,eddiepeacockpllc.corn
(214) 356-0116
•
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
Eddie Peacock, PLLC ("Professional") (individually, each a "Party" and collectively, "Parties"),
acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall continue for six(6)months thereafter. Professional
shall commence work once the Notice to Proceed is issued by the City.
2.2 Professional may terminate this Agreement by giving ten (10) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of 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
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services/Work, which is attached hereto and
incorporated herein.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall compensate Professional for the services in accordance with the terms
set forth in Fees for Services (see Exhibit B).
5.2 Each week Professional shall submit to City an invoice supporting the amount for
which payment is sought.
City of Port Arthur, Texas
Professional Services Agreement
5.3 Within ten (10) days of receipt of each such monthly invoice, City shall make
payments in the amount shown by Professional's approved weekly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates.,
and within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement,Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior
to Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment,telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
City of Port Arthur, Texas
Professional Services Agreement
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur,Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
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.
City of Port Arthur, Texas
Professional Services Agreement
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$500,000 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 policies enumerated in Section 8.1, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
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.
City of Port Arthur, Texas
Professional Services Agreement
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. Exhibits to this Professional Services Agreement
include Exhibits"A,"Scope of Work and Exhibit"B,"Fees for Services. In the event of a conflict
between any of the documents,the Agreement for Professional Services governs and prevails.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
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:
City of Port Arthur, Texas
Professional Services Agreement
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Eddie Peacock, PLLC
102 Brookside Drive
Grapevine, Texas 76051
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all,but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. ,PROFESSIONAL
AND CITY AGREES TO INDEMNIFY AND HOLD EACH OTHER, THEIR
EMPLOYEES AND AGENTS HARMLESS 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,
City ofPort Arthur, Texas
Professional Services Agreement
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE
NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE
BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY
OR CLAIM,THE PROFESSIONAL,ON NOTICE FROM CITY,SHALL DEFEND SUCH
ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S
OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS
OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE
MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS
AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement,Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
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
City of Port Arthur, Texas
Professional Services Agreement
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]
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2022.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2022.
PROFESSIONAL:
EDDIE PEACOCK, PLLC
A Texas ,
By:
Name:
Title:
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
to Agreement
Scope of Services/Work
March 21, 2022
Kandy Daniel
Interim Finance Director
City of Port Arthur
Re: Engagement Letter, Exhibit A
Dear Ms. Daniel:
Thank you for inviting the firm of Eddie Peacock, PLLC to provide this proposal for
professional services to the City of Port Arthur. I have created the proposed scope of
services based on the information you have provided and my understanding of your
requirements.
This engagement letter serves to clarify the scope of services and the responsibility of
Eddie Peacock, PLLC in this effort.
You will note that my services extend only to providing interim accounting support.
Services will generally fall within those required to provide continuity and accounting
management based on a staff vacancy. I do not provide any auditing or any assurances
or opinions on the financial information. I will rely on the City of Port Arthur for the
accuracy of information provided.
Please review the attached contract for services and see if it meets your needs
Sincerely,
Edward B. Peacock, CPA
Owner
City of Port Arthur, Texas
Professional Services Agreement
Exhibit B
to Agreement
Fees for Services
The work may be on site, off site via a remote connection, or in consultation via phone,
fax or email. EDDIE PEACOCK, PLLC will provide options for the City to extend or
renew this agreement. The fees will be charged per the following schedule:
Eddie Peacock, CPA $1,500 Per On-Site Day
$1,500 Trip Fee per On-Site Visit
$125 Per Hour Off-Site
Nichola Peacock,Associate $800 Per On-Site Day
$1,000 to$1,500 Trip Fee per On-Site Visit
$75 Per Hour Off-Site
City of Port Arthur, Texas
Professional Services Agreement