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HomeMy WebLinkAboutPR24156: TO AMEND THE CONTRACT WITH BEST BEST & KRIEGER, LLP LEGAL SERVICES REGARDING OPERATION OF WIND AND SOLAR ENERGY GENERATION P.R. No. 24156 01/31/2025 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH BEST BEST & KRIEGER, LLP, FOR LEGAL SERVICES RELATING TO THE PROPOSED DEVELOPMENT, CONSTRUCTION AND OPERATION OF WIND AND SOLAR ENERGY GENERATION FACILITIES ON PLEASURE ISLAND, INCREASING FUNDING BY $25,000.00 FOR A NEW TOTAL CONTRACT AMOUNT NOT TO EXCEED $50,000.00; FUNDING IS AVAILABLE IN THE LAW DEPARTMENT'S PROFESSIONAL SERVICES - ACCOUNT NO. 001-05-013-5420-00-10-000 WHEREAS, on December 11, 2024, the City Manager and City Attorney entered into an agreement with Best Best & Krieger, LLP, attached hereto as Exhibit "A", for professional services relating to the proposed development, construction and operation of wind and solar energy generation facilities on Pleasure Island, for an amount not to exceed$25,000.00; and WHEREAS, due to the complexity of the project and the need for further legal review, additional funding is now required to fulfill the originally contemplated scope of work; and WHEREAS, as a result of these measures, an additional funding in the amount of$25,000.00 is being requested to cover the increased costs associated with the completion of the work. WHEREAS, Section 252.022(a)(4) of the Texas Local Government Code provides the applicable exception for the proposed expenditure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to amend the contract with Best Best Kreiger, LLP, for an additional increase of$25,000.00,to a new total contract amount not to exceed $50,000.00, in order to complete services related to the proposed wind and energy project on Pleasure Island. Section 3. That Best Best&Kreiger, LLP will sign this resolution agreeing to the terms herein. Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of February, 2025, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: • NOES: • Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM. Roxann Pais Cotroneo, City Attorney APPRO D FOR AVAILABILITY OF FUNDS: Lyn Boswell, M.A., ICMA-CM Director of Finance APPRO D 1 R ADMINISTRATION: Ronald B o 'M City Man. r Clifton Williams, CPPB Purchasing Manager AGREED TO: BEST BEST &KREIGER, LLPC By: Print Title Exhibit "A" CONTRACTS UNDER$25,000 PROCESSING FORM DATE OF SUBMISSION: 12/10/2025 DEPARTMENT: LAW SUBMITTED BY: HUY TRAN,1.CRO�MPLIANCE OFFICER } 2 ✓SIGNATURE CONTRACT SUMMARY COMPANY NAME BEST BEST&KREIGER, LLP COMPANY ADDRESS 3730 KIRBY DRIVE,SUITE 1200 HOUSTON,TEXAS 77098 COMPANY CONTACT DERRA LEIGH PURNELL COMPANY CONTACT# (713)834-1109 EMAIL ADDRESS: FNELLCWBBKLAv._ CONTRACT AMOUNT: Not To Exceed @$24,999.00(Total amount) FUNDING ACCOUNT#: PROFESSIONAL SERVICES-ACCOUNT NO. 001-05-013-5420-00-10-000 SUMMARY BEST BEST&KREIGER, LLP will assist the City of Port Arthur in matters related to the proposed wind and energy project on Pleasure Island. / I Finance Director .,'�j f_{, d. , %, Signature-Approved as to funds. Purchasing Manager (bk . ,./i Signature Date submitted to City Attorney ! i ),: . , • City Attorney _e Signature-Approved as to form. (For use by City Secretary's Office only) ASSIGNED FILE NAME 4* (SQS} ,A`, YI:S�-� a" Vcgk �. I SUBMITTED TO PURCHASING 1i��11 1a'U1�( J Derra L.Purnell Of Counsel BEST BEST&KRIEGER LLP (713)997-8644 ATTORNEYS AT LAW derra.purnell@bbklaw.com December 4, 2024 VIA E-MAIL ROXANN.COTRONEO@PORTARTHU RTX.GOV Roxann Pais Cotroneo, Esq. City Attorney Port Arthur Law Department 444 4th Street Port Arthur, TX 77640 Re: Engagement of Best Best& Krieger LLP Dear Ms. Cotroneo: ABOUT OUR REPRESENTATION Best Best& Krieger LLP is pleased to represent City of Port Arthur,Texas. Specifically, we will provide legal advice, analysis, negotiation, drafting and other legal services as requested by the City Attorney with regard to a proposed wind and energy project on Pleasure Island. This letter constitutes our agreement setting the terms of our representation. If you want us to represent you and agree to the terms set forth in this letter,after you review the letter please sign it and return the signed copy to us. CONFIDENTIALITY AND ABSENCE OF CONFLICTS An attorney-client relationship requires mutual trust between the client and the attorney. It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege. To also assure mutuality of trust, we have maintained a conflict of interest index. The Texas Disciplinary Rules of Professional Conduct defines whether a past or present relationship with any party prevents us from representing you. Similarly, you will be included in our list of clients to ensure we comply with the Disciplinary Rules of Professional Conduct with respect to you. We have checked the following names against our client index: City of Port Arthur,Texas, Diligence Offshore Services, LLC, Roxanne Pais Cotroneo, Thurman Bartie, Willie Lewis, Jr., Tiffany L. Hamilton Everfield, Doneane Beckcom, Harold Doucet, Sr., Thomas Kinlaw and Donald Frank, Sr. Based on that check,we can represent Port Arthur. Please review the list to see if any other persons or entities should be included. If you do not tell us to the contrary, we will assume that this list is complete and accurate. We request that you update this list for us if there are any changes in the future. Best Best&Krieger LLP 13730 Kirby Drive, Suite 1200,Houston,Texas 77098 Phone:(713)834-1109 I Fax:(619)233-6118 I bbklaw.com 90206.00001\42992402.1 Roxann Pais Cotroneo, Esq. City Attorney City of Port Arthur, Texas December 4, 2024 Page 2 Pursuant to Texas Government Code Section 81.079, Texas attorneys must provide notice to clients of the existence of the grievance process. This notice is provided via the attached brochure. YOUR OBLIGATIONS ABOUT FEES AND BILLINGS We have already discussed with you the fee arrangement, which includes an initial authorization of up to $25,000 for this matter. We understand that Council approval is required prior to the billing for this matter exceeding $25,000. Consequently, we will notify you if the billing for this matter gets close to, or appears it will need to exceed, $25,000. Billing rates for this matter are as follows: Partners and Of Counsel billable rates are $415 per hour; Senior Associates billable rates are $345 per hour, Junior Associates billable rates are $265 per hour,and Paralegals, Clerks and legal analysts billable rates are $215 per hour. Our rates are reviewed annually and may be increased from time to time with advance written notice to the client. The billing policies are described in the memorandum attached to this letter, entitled"Best Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum part of this agreement as it binds both of us. For that reason, you should read it carefully. INSURANCE We understand that you are not now insured or have any insurance that may cover potential liability or attorneys' fees in this case. If you think you may have such insurance, please notify me immediately. We are also pleased to let you know that Best Best & Krieger LLP carries errors and omissions insurance with Lloyd's of London. After a standard deductible,this insurance provides coverage beyond what is required by the State of Texas. NEW MATTERS When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters. You should know that such new matters will be the subject of a new signed supplement to this agreement. Similarly, this agreement does not cover and is not a commitment by either of us that we will undertake any appeals or collection procedures. Any such future work would also have to be agreed upon in a signed supplement. CIVILITY IN LITIGATION In litigation,courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines. In our experience,the reciprocal extension of such 90206.00001\42992402.1 Best Best&Krieger LLP Roxann Pais Cotroneo,Esq. City Attorney City of Port Arthur,Texas December 4, 2024 Page 3 courtesies saves our clients' time and money. Best Best&Krieger LLP will also comply with the Texas Lawyer's Creed (available online at: https:Ilwww.legalethicstexas.comltexas-lawyers- creed-details/).By signing this letter you will be confirming your approval of this practice in your case. HOW THIS AGREEMENT MAY BE TERMINATED You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you upon written notice, order of the court,or in accordance with our attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter,or if we determine we cannot continue to represent you for ethical or practical concerns. CLIENT FILE If you do not request the return of your file, we will retain your file for five years. After five years,we may have your file destroyed. If you would like your file maintained for more than five years or returned, you must make separate arrangements with us. THANK YOU On a personal note, we are pleased that you have selected Best Best & Krieger LLP to represent you. We look forward to a long and valued relationship with you and appreciate your confidence in selecting us to represent you in this case. If you have any questions at any time about our services or billings, please do not hesitate to call me. If this letter meets with your approval, please sign and date it, and return to us. Sincerely, At.,4, --ia Derra Leigh Purnell of BEST BEST& KRIEGER LLP DLP:hjb AGREED AND ACCEPT' dkPir' By: Dated: 90206.00001142992402.1 Best Best&Krieger LLP BEST BEST& KRIEGER LLP'S BILLING POLICIES Our century of experience has shown that the a BBK attorney in order to perform services called for in the attorney-client relationship works best when there is mutual legal services agreement. The most common non-attorney understanding about fees, expenses, billing and payment personnel utilized are paralegals. Other types of non- terms. Therefore, this statement is intended to explain our attorney personnel include, but are not limited to, case billing policies and procedures. Clients are encouraged to clerks, litigation analysts, and specialty consultants. The discuss with us any questions they have about these policies client agrees that BBK may use such non-attorney personnel and procedures. Clients may direct specific questions about to perform its services when it is reasonably necessary in the a bill to the attorney with whom the client works or to our judgment of the responsible BBK attorney. Hourly fees for Accounts Receivable Department non-attorney personnel will be charged at the rate then in (accounts.receivable@bbklaw.com). Any specific billing effect for such personnel. A copy of BBK's current rates arrangements different from those set forth below will be and titles for non-attorney personnel will be provided upon confirmed in a separate written agreement between the client request. and the firm. FEES FOR ELECTRONICALLY STORED INVOICE AND PAYMENT OPTIONS INFORMATION("ESI") SUPPORT AND STORAGE Best Best & Krieger strives to meet our clients' BBK provides Electronically Stored Information needs in terms of providing a wide variety of invoice types, ("ESI") services for matters requiring ESI support, which delivery and payment options. Please indicate those needs are matters with a document population over 1GB — including the preferred method of invoice delivery(Invoice typically litigation or threatened litigation matters. BBK via Email; or USPS). In addition, provides services for basic ESI processing and storage at the accounts.receivable@bbklaw.com can provide a W-9 upon following rates per month based on the number of gigabytes request and discuss various accepted payment methods. of data("GB")processed and stored: FEES FOR PROFESSIONAL SERVICES 1GB-250GB: $10 per GB 251GB -550GB: $8 per GB Unless a flat fee is set forth in our engagement letter 551 GB - 750GB: $6 per GB with a client, our fees for the legal work we will undertake 751GB- 1TB: $4 per GB will be based in substantial part on time spent by personnel in our office on that client's behalf. In special circumstances The amount BBK charges for basic processing and which will be discussed with the client and agreed upon in storage of ESI allows BBK to recover the costs of providing writing, fees will be based upon the novelty or difficulty of such services, plus a net profit for BBK. BBK believes that the matter, or the time or other special limitations imposed the rates it charges for processing and storage are lower than by the client. comparable services available from third party vendors in the market. If you wish to contract separately with a third Hourly rates are set to reflect the skill and party vendor for processing and storage costs, please notify experience of the attorney or other legal personnel rendering PracticeSupportServices@bbklaw.com in writing. BBK services on the client's behalf. All legal services are billed also provides advanced ESI processing services at hourly in one-tenth of an hour (0.10/hour) or six-minute rates for personnel in its Litigation Support Group. A copy increments. Our attorneys are currently billed at rates from of BBK's current rates for such services will be provided on $215 to $985 per hour, and our administrative assistants, request. research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at FEES FOR OTHER SERVICES,COSTS AND rates from$180 to$325 per hour for new work. These rates EXPENSES reflect the ranges in both our public and our private rates. These hourly rates are reviewed annually to accommodate We attempt to serve all our clients with the most rising firm costs and to reflect changes in attorney status as effective support systems available. Therefore, in addition lawyers attain new levels of legal experience. Any increases to fees for professional legal services, we also charge resulting from such reviews will be instituted automatically separately for some other services and expenses to the extent and will apply to each affected client, after advance notice. of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate Non-Attorney Personnel: BBK may employ the per mile, extraordinary telephone and document delivery services of non-attorney personnel under the supervision of charges, copying charges, computerized research, court 90206.00001442992402.1 filing fees and other court-related expenditures including amount is covered by the balance of an advance held in our court reporter and transcription fees. No separate charge is trust account. made for secretarial or word processing services;those costs are included within the above hourly rates. It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does We may need to advance costs and incur expenses not pay an invoice within 60 days of mailing,we assume the on your behalf on an ongoing basis. These items are client is, for whatever reason, refusing to pay. We reserve separate and apart from attorneys' fees and, as they are out- the right to terminate our engagement and withdraw as of-pocket charges,we need to have sufficient funds on hand attorney of record whenever our invoices are not paid. If an from you to pay them when due. We will advise the client invoice is 60 days late, however, we may advise the client from time to time when we expect items of significant cost by letter that the client must pay the invoice within 14 days to be incurred, and it is required that the client send us or the firm will take appropriate steps to withdraw as advances to cover those costs before they are due. attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us ADVANCE DEPOSIT TOWARD FEES AND COSTS during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee Because new client matters involve both a deposits or make deposits for anticipated costs. substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an From time to time clients have questions about the advance payment from clients. The amount of this advance format of the bill or description of work performed. If you deposit is determined on a case-by-case basis discussed first have any such questions, please ask them when you receive with the client, and is specified in our engagement letter. the bill so we may address them on a current basis. Upon receipt,the advance deposit will be deposited CHANGES IN FEE ARRANGEMENTS AND BUDGETS into the firm's client trust account. Our monthly billings will reflect such applications of the advance deposit to costs It may be necessary under certain circumstances for and not to attorney's fees (unless otherwise noted in our a client to increase the size of required advances for fees accompanying engagement letter). At the end of after the commencement of our engagement and depending engagement, we will apply any remaining balance first to upon the scope of the work. For example, prior to a costs and then to fees. We also reserve the right to require protracted trial or hearing, the firm may require a further increases or renewals of these advanced deposits. advance payment to the firm's trust account sufficient to cover expected fees. Any such changes in fee arrangements By signing the initial engagement letter,each client will be discussed with the client and mutually agreed in is agreeing that trust account balances may be withdrawn writing. and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in Because of the uncertainties involved,any estimates resolving your matter before the amounts deposited are of anticipated fees that we provide at the request of a client used, any balance will be promptly refunded. for budgeting purposes, or otherwise, can only be an approximation of potential fees. MONTHLY INVOICES AND PAYMENT BEST BEST&KRIEGER LLP Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt. Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter. Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full 90206.00001 k12992402.1