HomeMy WebLinkAboutPR 18711: BACK COUTNRY CONSULTING, LLC OF CLEAR LAKE SHORES, TEXAS, TO PERFORM HURRICAN IKE CLOSEOUT PROCEDURES City of Port Arthur
Memorandum
To: John A. Comeaux, P.E., Interim City Mana
From: Deborah Echols, Director of Finance
Date: November 5, 2014
Re: P.R. No. 18711
I recommend that the City Council adopt Proposed Resolution 18711, which authorizes a contract
between the City of Port Arthur and Back Country Consulting, LLC to perform Hurricane Ike
closeout services. Account No. 001-1031-515.54-00.
P.R. No. 18711
11/5/2014 DHE
RESOLUTION NO.
A RESOLUTION APPROVING A PROFESSIONAL SERVICE
AGREEMENT WITH BACK COUNTRY CONSULTING, LLC OF
CLEAR LAKE SHORES, TEXAS, TO PERFORM HURRICANE IKE
CLOSEOUT PROCEDURES FOR AN AMOUNT NOT-TO-EXCEED
$15,000.00. FUNDS AVAILABLE IN FINANCE ACCOUNT NO. 001-
1031-515.54-00
WHEREAS, the City of Port Arthur Accounting Division is in need of professional
assistance at this time; and
WHEREAS, the Finance Department wishes to contract with Professional Consultant for
Hurricane Ike closeout services; and
WHEREAS, Mark W. Thompson, of Back Country Consulting, LLC, is an experienced
projects and risk management professional and has agreed to provide professional services at a
rate of$30 per hour.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1: That the City Manager is hereby authorized to execute a contract with Back
Country Consulting, LLC, of Clear Lake Shores, Texas, in the not-to-exceed amount of
$15,000.00, in substantially the same form as Exhibit"A".
Section 2: 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 November, 2014,A.D. at
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a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
i Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, F IF Attornr
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
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Deborah Echols, Director of Finance
EXHIBIT "A"
Professional Services Agreement
This Professional Services Agreement ("Agreement") is entered into by and between Back
Country Consulting, LLC, 306 Pine Rd., Clear Lake Shores, Texas (hereinafter referred to as
"Consultant") and City of Port Arthur Texas 444 4th St., Port Arthur, Texas (hereinafter referred
to as "Client").
WITNESSETH
WHEREAS, Client with Public Assistance Services ("Services"); and
WHEREAS, Consultant agrees to perform the technical and professional work required for the
completion of Services.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, it is hereby agreed as follows:
1. Scope of Services
A. Consultant will perform Public Assistance Services as directed by Client, including but not
limited to:
1. Reviewing Project Worksheets
2. Performing insurance analysis
3. Conducting closeout tasks
B. Consultant shall fulfill all requirements of the FEMA Public Assistance Program.
C. Consultant shall correspond with State and Federal agencies throughout the completion of the
Agreement.
D. Client shall provide identifying and backup documentation that will assist in the closeout and
completion of closeout projects.
2. Time of Performance
A. Consultant agrees to begin work on the date of execution of this Agreement and continue until
the completion and closeout of all projects or six months, whichever is sooner.
B. Termination of the Agreement by Client before work has stopped, releases Consultant from
all obligations imposed up to the point of termination, and the Consultant shall immediately
deliver to Client all material and products completed or in progress.
3. Compensation
A. In consideration for the services to be performed under this Agreement, Consultant shall be
paid an hourly rate of$30.00 per hour, in the not-to-exceed amount of$30,000.00.
B. Consultant shall be reimbursed for lodging, meals and incidentals at the applicable GSA per
diem rate for the location where Services are performed where pre-approved by Client.
4. Invoices.
A. Invoices shall include a general description of work with itemized expenses. Unless
otherwise instructed in writing, the Client may rely on the remittance address specified on
the Consultant's invoice. Invoices received without all required information cannot be
processed and will be returned to the Consultant. Invoices shall be mailed to the below
address:
Department
Attn:
Address:
City, State, Zip Code
B. All proper invoices received will be paid within thirty (30) calendar days of the Client's
receipt of the deliverables or of the invoice, whichever is later.
C. If payment is not timely made, (per this paragraph), interest shall accrue on the unpaid
balance at the lesser of one percent (1%) per month or the maximum lawful rate; except, if
payment is not timely made for a reason for which the Client may withhold payment
hereunder, interest shall not accrue until ten (10) calendar days after the grounds for
withholding payment have been resolved.
5. Termination
A. Client may terminate this Agreement, or any portion of it, by serving a notice of termination
on the Consultant, which shall be effective on the date of the receipt of the notice of
termination. The notice shall state whether the termination is for convenience of Client or for
default of the Consultant.
B. If the termination is for default, the notice shall state the manner in which the Consultant has
failed to perform the requirements of the Agreement.
C. If the termination is for the convenience of Client, the Consultant shall be paid its costs up to
the time of notice to stop work and reasonable close-out costs.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
on the day and year first above written.
CONTRACTOR CITY OF PORT ARTHUR
BY: BY:
NAME: NAME:
TITLE: TITLE:
r
DATE: DATE:
NOTARY: