HomeMy WebLinkAboutPR 21580: CONTRACT FOR RETENTION OF GUY N. GOODSON AND KATE K. LEVERETT WITH GERMER PLLC Interoffice
MEMORANDUM
To: Mayor, City Council, Ci ager
From: Floyd Batiste, CEO
Date: September 22, 2020
Subject: P. R. No. 21580; Council Meeting of September 29, 2020
ATTACHED IS PROPOSED RESOLUTION 21580 AUTHORIZING
THE RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND GERMER PLLC FOR LEGAL SERVICE.
FUNDING AVAILABLE IN EDC ACCOUNT NO. 1201429-582.54-00
P.R. NO. 21580
9/16/20 RAJ
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT FOR
RETENTION OF GUY N.GOODSON AND KATE K.LEVERETT
WITH GERMER PLLC FOR PROFESSIONAL LEGAL
SERVICES FOR THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION WITH AN
OPTION TO EXTEND THIS LEGAL SERVICE ENGAGEMENT
FOR TWO ADDITIONAL 1-YEAR PERIODS FOR THE TWO
YEARS FOLLOWING THE TERM OF THIS CONTRACT,
WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF
$90,000.00; FUNDS AVAILABLE IN PAEDC ACCOUNT
NUMBER 120-1429-582.54-00
WHEREAS, the City Council for the City of Port Arthur per Resolution 19-357 approved
the City of Port Arthur Section 4A Economic Development Corporation("PAEDC")to renew the
final Contract for Retention with Germer PLLC for professional legal services; and
WHEREAS, PAEDC has continued to utilize the legal services of Germer PLLC; and
WHEREAS, the Contract with Germer PLLC for November 1, 2020 through October 31,
2021 as denoted in Exhibit"A"was approved by the PAEDC Board of Directors at their September
14, 2020 special Board meeting.
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 Council approves the Contract with Germer PLLC by PAEDC so
long as their hourly rates do not exceed the rates as denoted in Exhibit"A".
Section 3. That the City Council approves this legal service engagement for two 1-year
periods following the term of this Contract.
Section 4. 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 A.D.,2020,at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVE :
(24—(L.--AL%
Floyd Batiste, PAEDC CEO
APP'if AS TO F :
Guy N. Goodson, PAEDC Attorney
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APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel, terim Director of F nance
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Page 3
Exhibit "A "
CONTRACT FOR RETENTION OF
GUY N.GOODSON AND KATE K.LEVERETT OF GERMER PLLC
AS LEGAL COUNSEL FOR THE
CITY'OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
This Contract provides the terms for the retention of Guy N.Goodson and Kate K.Leverett of the law firm
of Germer PLLC (formerly Germer Gertz, L.L.P.) ("Germer") as legal counsel for the City of Port Arthur Section
4A Economic Development Corporation(the"EDC")in regard to the providing of professional legal representation
for the period beginning effective November 1, 2020 through October 31, 2021 (the"Term"). The EDC by action
of its Board of Directors may extend this legal service engagement for two additional 1-year periods for the two
years following the Term of this Contract.
SCOPE OF SERVICES: Germer would provide primary legal representation to the Board of Directors of
the EDC and collaborate with its Chief Executive Officer and staff and coordinate matters as directed with the City
Attorney of Port Arthur. Germer will perform the following duties as directed by the EDC acting by and through its
Board of Directors and through its Chief Executive Officer as the duly authorized staff liaison with Germer:
1. Provide preliminary and final verification that incentive applications are eligible to receive 4A funds
through the EDC.
2. Draft or review incentive agreements, contracts,collateral security agreements or other documents and
advise the Chief Executive Officer, his staff and the Board relative to Board-approved economic
incentive agreements.
3. Assist, as directed, in closing Board-approved economic incentive agreements, and approve and
execute, as appropriate, all economic incentive agreements and EDC contracts, collateral security
agreements or other documents.
4. Assist, as directed, with EDC Chief Executive Officer and staff on economic incentive agreement
modifications and document amendments.
5. Assist,as directed,in any legal action or legal proceedings relative to economic incentive agreements.
6. Germer shall act as the EDC Attorney and shall, unless it is an emergency, attend EDC meetings.
Germer may also provide legal representation through a partner or associate experienced in
representation of public entities including economic development corporations to assist Germer in the
performance of legal representation for EDC.
Attend, as requested by the EDC Board or the EDC Chief Executive Officer, Board meetings as to any of
the foregoing services, and to meet, as directed, with economic incentive applicants or their legal counsel and/or
consultants.
Germer recognizes that certain legal services of the EDC may be directed to and handled by the offices of
the City Attorney for the City of Port Arthur.
FEES: For and in consideration of serving as legal counsel for the EDC, Germer shall charge a fee based
upon the actual time spent in conjunction with the matters described above. The hourly rate of the attorneys of
Germer who will work on this file is as follows:
Guy N.Goodson $275.00 per hour
Kate K.Leverett $225.00 per hour
Partners $200.00 per hour
Other Associates $150.00 per hour
EXPENSES: Germer will incur expenses in handling legal representation for the EDC, with any such
expenses being those for which Germer actually advances funds. "Actual expenses" include,but are not limited to,
copying expenses, telephone charges, messenger fees, mail and telefacsimile charges, filing fees, printing charges,
travel expenses and other expenses necessary to the proper representation of the EDC in a diligent manner.
Expenses may be billed directly by Germer to the provider of services, in which event, the provider would bill
directly the EDC and the EDC should then make direct payment to the provider of such services.
BILLING: Germer will provide monthly statements to the EDC which provide an itemized statement of
legal service charges and expenses. Time shall be recorded for conferences with the EDC, its duly authorized
officers, directors and employees; legal research; factual investigations; preparation of correspondence, agreements
documents and instruments as directed; reviewing regulatory requirements that might be necessary in order to
handle the economic initiatives in which the EDC might become involved; reading and analyzing correspondence
and legal documents; travel to and from meetings and proceedings involving this matter; telephone conversations
with representatives of the EDC and others in connection with this matter.
MISCELLANEOUS: Prior to the use of any attorneys at Germer other than Guy N. Goodson or Kate
Leverett for services under this engagement with the EDC, Germer will obtain the approval of the Board of
Directors and the City. Germer further acknowledges and agrees that the EDC may undertake the use of other
attorneys for legal representation as may be determined in the best interest of the Board of Directors.
Pursuant to the request of the Board of Directors,this engagement letter is presented for the engagement by
the EDC of Guy N. Goodson and Kate K. Leverett of Germer PLLC for a period of November 1, 2017, through
October 31, 2018. The undersigned acknowledges that notwithstanding the term of this engagement, this
engagement is subject to the Port Arthur City Charter as to professional service agreements and further can be
terminated upon the receipt of thirty(30)days prior written notice. Upon the expiration of this engagement and in
the event that the EDC has not secured other legal services,services may continue on a thirty(30)day by thirty(30)
day basis until a written notice of termination,from either EDC or the undersigned has been received.
If the preceding terms for the engagement of legal counsel for the EDC meets with your approval,please
execute this contract and return at your earliest convenience.
GERMER PLLC
By:
Guy N.Goodson
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of ,2020.
President Secretary
Witness Witness
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