HomeMy WebLinkAboutPR 22782: AGREEMENT WITH EDDIE PEACOCK, PLLC, INTERIM ACCOUNTING SUPPORT in
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: 9/16/2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Director of Finance
RE: PR No. 22782 Approval of an extension of a consulting agreement with Eddie
Peacock, PLLC to provide interim accounting support.
Introduction: Request approval for the City Manager to extend a consulting agreement with
Eddie Peacock, PLLC to provide interim accounting support to the Finance Department for a
three month period with the option to extend if necessary.
Background: Resolution number 22-132 was approved on March 29, 2022, for a contract
with Eddie Peacock, PLLC to provide interim accounting support to the Finance Department
for a period of six months with the option to extend if necessary. Additional support services
are still needed to assist the department in completion of the FY2021 and FY2022 Annual
Comprehensive Financial reports. Mr. Peacock's assistance has proved beneficial, and it is
requested that the contract be extended for another three month period.
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. 22782 authorizes the City Manager
to extend a consulting agreement with Eddie Peacock, PLLC to provide interim accounting
support to the Finance Department for a three 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
P.R. No. 22782
KD: 9/16/2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH EDDIE PEACOCK, PLLC FOR
INTERIM ACCOUNTING SUPPORT TO THE CITY OF
PORT ARTHUR BY EXTENDING THE CONTRACT TIME
BY THREE MONTHS TO DECEMBER 31, 2022 AND
UPDATING THE FEES FOR SERVICES WITH NO
BUDGETARY IMPACT TO THE ORIGINAL NOT TO
EXCEED CONTRACT AMOUNT OF $99,000.00; FUNDS
ARE AVAILABLE IN THE FINANCE DEPARTMENT
ACCOUNT NO. 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 the completion of the City's Annual Comprehensive Financial Reports;
and
WHEREAS: pursuant to Resolution No. 22-132, on March 29, 2022, the City Council
authorized a professional services agreement with Eddie Peacock, PLLC to provide interim
accounting support to the Finance Department for a period of six months with the option to extend if
necessary; and
WHEREAS, Eddie Peacock, PLLC has submitted a revised Exhibit "B", (i.e., Fees for
Services) to the Agreement and a written request, as stated in Section 4.3 of the Agreement, to
extend the term of the contract by three months to December 31, 2022; and
WHEREAS, the revised Fees for Services will not have a budgetary impact on the original
not to exceed contract amount of$99,000.00; and,
WHEREAS, further support services are needed to assist the Finance Department in
completing the City's Annual Comprehensive Financial Reports; and
WHEREAS, services received from Eddie Peacock, PLLC have proved beneficial.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT, the facts and opinion in the preamble are true and correct; and
THAT the City Council hereby authorizes the City Manager to amend the professional
services agreement, in substantially the same form attached hereto as Exhibit "A", with Eddie
Peacock, PLLC, by extending the contract time by three months to December 31, 2022 and revising
the Fees for Services for interim accounting support to the City of Port Arthur; and
THAT a copy of the original contract is attached hereto and made a part hereof as Exhibit"B";
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 September, 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
oft ROVED AS TO FORM:
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Val Tizeno/City Attorney
APPROVED FOR AVAILABILITY OF FUNDS:
C-k.AZ
Kandy Daniel,interim Director of Finance
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
EXHIBIT "A"
Eddie Peacock, PLLC
102 Brookside Drive
Grapevine, Texas 76051
September 22, 2022
Kandy Daniel
Interim Finance Director
City of Port Arthur
Dear Ms. Daniel:
According to our contract and engagement letter for interim financial support
services, the term will expire unless we agree in writing, as noted below:
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.
Upon execution, this letter serves as written agreement to extend the term of our
contract to continue for an additional three (3) months thereafter.
I will also need to revise Exhibit B to the Agreement "Fees for Services" as
follows to take effect upon execution.
Eddie Peacock, CPA $1,500 Per On-Site Day
$2,000 Trip Fee per On-Site Visit
$125 Per Hour Off-Site
Nichola Peacock,Associate $800 Per On-Site Day
$1,500 to$2,000 Trip Fee per On-Site Visit
$75 Per Hour Off-Site
I am happy to continue this service and provide the City of Port Arthur the
additional financial management support. Thank you for your confidence and
your continued business.
City of Port Arthur, Texas Eddie Peacock, PLLC
By: By: & .6.P ,
Date: Date: September 22, 2022
eddie@ eddiepeacockpllc.corn
(214) 356-0116
EXHIBIT "B"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services ("Agreement") is made by and between the City of Port
Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and
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 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
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 of Port 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
Tv 4r1i1j.10.)k--2,
EXECUTED this 3 "day of 2022.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule m ality,
By:
Ron Burton, Ciana
ATTEST:
p
Sherri BellarJity Secretary
APPROVED AS TO FORM:
:
Val Tizeno, Cit}VA‹
4110
EXECUTED this day of , 2022.
PROFESSIONAL:
EDDIE PEACOCK, PLLC
A Texas
By: Siti A,teh .l� /
Name: Eddie i-)e x1 c--
Title: Ou-ne
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