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Home My WebLink AboutPR 19376: AGREEMENT WITH THE PARKER LAW FIRM DELORIS"BOBBIE"PRINCE,MAYOR Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of Ci"' CITY MANAGER COUNCIL MEMBERS: I� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. r CITY SECRETARY TIFFANY L.HAMILTON o r t r t{t r[r MORRIS ALBRIGHT VAL TIZENO KEITH RICHARD Te tus CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES Date: April 29, 2016 To: Mayor and Council From: Brian McDougal, City Manager Val Tizeno, City Attorney RE: The Parker Law Firm - Contract Nature of the request: For several years, the City of Port Arthur has retained the Parker Law Firm to assist the City in legislative, operational and legal needs. The primary focus of the contract is to assist the City with state legislation matters in years when the state legislature meets. The contract expires on April 30, 2016. Due to the expiration, this matter is being • presented for council directive. Sta 'Analysis, Considerations: The Parker Law Firm keeps the City abreast of proposed state legislation during the years, and times when the Texas legislature is in session and provides the following services based on a minimum of 40 hours per month: a) Monitor all pending or prospective legislation in which the powers of the City will be affected. b) Request legislators to provide a 2o% reduction of utilities base rates to cities similar to what is being presently provided to institutions of higher education under Section 36.351 of the Utility Code. c) Monitor legislation in which the City has a specific interest and notify the appropriate City officials and furnish consultation and advice concerning appropriate action. Such monitoring would include attendance on appropriate legislative committees, access to the Texas Legislative Electronic Service, and attendance as necessary on non-interim committees when the Legislature is not in session. d) Provide general consultation for and conducts extensive research in the areas of civil service, environmental law, and specialized areas of law that pertains to the various city departments. The vendor will be required to provide monthly reporting on services rendered. • P.O BOX 1089 •PORT ARTHUR,TEXAS 77641-1089 •409/983-8125 •FAX 409/983-8124• www.portarthur.net Recommendation: The current contract has expired. A new two year contract with the Parker Law Firm for $6,000 per month is attached for Council review based upon its inclusion in the current budget. Budget Considerations: Funds for this were approved by the City Council in September, 2015 through the end of this budget year ending September 30, 2016. Funding for this contract is located in the City Manager's budget. P. R. No. 19376 04/27/16 gt RESOLUTION NO. A RESOLUTION PERTAINING TO AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PARKER LAW FIRM; FUNDING AVAILABLE IN ACCOUNT NO. 001-1003-512 .59-00, PROJECT NO. M97913 . WHEREAS, pursuant to Resolution No. 97-28, the City of Port Arthur entered into an agreement with Carl Parker dated January 29, 1997 for to promote legislation and legislative for representation and general consultation on civil service and other matters; and WHEREAS, the City, per Resolution No. 98-315, dated December 29, 1998, increased the retainer from $2, 000 to $3, 500 per month for six (6) months of 1999, with additional services being provided after July 1, 1999, at the rate of $2, 000 per month; and WHEREAS, the City, per Resolution No. 01-38, dated February 13, 2001, increased the retainer from $2, 000 to $3, 500 for six ( 6) months of 2001; and WHEREAS, the City, per Resolution 03-021, dated January 21, 2003, increased the retainer from $2, 000 to $3, 500 for six months of 2003; and s.pr19376 WHEREAS, the City, per Resolution No. 04-335, dated October 12, 2004, increased the retainer from $2, 000 to $3, 500 during the six (6) month period from February 2005 through July 2005; and WHEREAS, the City Council, per Resolution No. 06-339, delineated the retainer as $2, 000 per month, with the retainer being increased to $3, 500 per month from November 1, 2006 to May 30, 2007 and during Special Legislative Sessions as called by the Governor; and • WHEREAS, the City Council, per Resolution 08-035 dated January 1, 2008, authorized The Parker Firm to act as a Legislative Representative for the City of Port Arthur during the 2009 Texas Legislative Session, and to increase his. monthly retainer to $3, 400 and also agreed to the retainer of $4, 900 per month from November 1, 2008 to May 30, 2009, and during Special Legislative Sessions as called by the Governor; and WHEREAS, the City Council, per Resolution 09-463 dated October 6, 2009, increase his monthly retainer to $6, 000, effective November 1, 2009; and WHEREAS, the City Council, per Resolution 12-041 dated January 25, 2012, approved the current agreement with The Parker Law Firm, and renewed the contract per Resolution No. 14-165 on April 1, 2014 . s.pr19376 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS : Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That the City of Port Arthur herein authorizes The Parker Law Firm to continue to provide services as delineated above and serve as a Legislative Legal Representative and provide other legal services and consultation as needed with a minimum of 40 hours of legal service per month with the required duties as follows : a) Monitor all pending or prospective legislation in which the powers of the City will be affected. b) Request legislators to provide a 20o reduction of utilities base rates to cities similar to what is being presently provided to institutions of higher education under Section 36. 351 of the Utility Code. c) Monitor legislation in which the City has a specific interest and notify the appropriate City officials and furnish consultation and advice concerning appropriate action. Such monitoring would include attendance on appropriate legislative committees, access to the Texas Legislative Electronic Service, and attendance as necessary on non-interim committees when the Legislature is not in session. d) Provide general consultation for and conduct extensive research in the areas of civil service, environmental law, and specialized areas of law that pertains to the various city departments . e) The vendor will be required to provide the City with monthly reporting detailing the services rendered. s.pr19376 Section 3 . That this agreement may be ended by either party with thirty (30) days notice. Section 4 . That Parker Law Firm' s monthly retainer is in an amount not exceed $6, 000 and is based on a minimum of 40 hours of legal service per month. Section 5 . That this Resolution is contingent on The Parker Law Firm' s signing and agreeing to the terms of this Resolution. Section 6 . That the term of this Agreement shall not exceed two (2) years, as required by Article XIV, Section 5, of the City Charter, without additional approval of the City Council . Section 7 . That all other Resolutions in conflict herewith are herein repealed to the extent of the conflict only. Section 8 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of May, A. D. , 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . s.pr19376 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE AGREED TO: CARL PARKER BY: DATE: s.pr19376