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HomeMy WebLinkAboutPR 24358: INCREASE FUNDING IN THE LAW DEPARTMENT'S BUDGET, REGARDING LEGAL SERVICES, KIRK THOMAS V. CITY OF PORT ARTHUR, FLOZELLE ROBERTSr P.R. No.24358 05/29/2025 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE FUNDING IN THE LAW DEPARTMENT'S BUDGET BY AN ADDITIONAL $100,000.00 TO FUND THE PROFESSIONAL LEGAL SERVICES OF BICKERSTAFF HEATH DELGADO ACOSTA LLP, FOR LITIGATION SERVICES IN KIRK THOMAS V. CITY OF PORT ARTHUR, TEXAS, AND FLOZELLE ROBERTS, CIVIL ACTION NO. 1:23-CV-282 IN THE U.S. EASTERN DISTRICT OF TEXAS; AND AUTHORIZE THE TRANSFER OF FUNDS FROM THE CITY MANAGER'S OFFICE CONTINGENCY ACCOUNT NO. 001-01-005-5470-00-10-000 TO THE LAW DEPARTMENT'S PROFESSIONAL SERVICES ACCOUNT NO. 001-05-013-5420-00-10-000. WHEREAS, on June 3, 2021, the City entered into an agreement with Bickerstaff Heath Delgado Acosta ("Bickerstaff'), attached hereto as Exhibit "A," for professional legal services related to Kirk Thomas vs. City of Port Arthur, Texas, and Flozelle Roberts; and WHEREAS, after repeated attempts to mediate this lawsuit, the Parties have not reached an agreed-upon settlement, and the lawsuit is now set for trial in September 2025. The Law Department's Fiscal Year 2024-2025 budget was not adequately funded to cover the related litigation expenses; and WHEREAS, as a result of these measures, additional funding in the amount of $100,000.00 is being requested to fund the professional services account to cover the estimated trial litigation costs associated with the matter; and WHEREAS, funds need to be transferred from the City Manager's Contingency Account No. 001- 01-005-5470-00-10-000 to the Law Department's Professional Services Account No. 001-05-013-5420-00- 10-000 in the amount of$100,000.00; and 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,TEXAS: Section 1. That the facts and recitals in the preamble are true and correct and are hereby incorporated for all purposes. Section 2. That the City Council hereby authorizes the City Manager to increase funding in the Law Department Budget by an additional $100,000 to fund the professional legal services of Bickerstaff Heath Delgado Acosta LLP, for Kirk Thomas v. City of Port Arthur, Texas, Flozelle Roberts, Civil Action No. 1:23-CV-282 in the U.S. Eastern District of Texas. Section 3. That the City Council hereby agrees and authorizes the budget transfer of$100,000 from the City Manager's Contingency Account No. 001-01-005-5470-00-10-000 to the Law Department's Professional Services Account No. 001-05-013-5420-00-10-000 for Fiscal Year 2024-2025 for said purposes. 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 June, 2025, AD. at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: • Councilmembers: • • NOES: . CITY OF PORT ARTHUR: Thurman"Bill"Bartie, Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR AVAILABILITY OF FUNDS: 4, Lynda Boswell, M.A., ICMA-CM Director of Finance APPROVija1E ADMINISTRATION: Ronald B r s PM City ► . ager 5 ,�,1 f Clifton Wi iams, CPPB Purchasing Manager Exhibit "A" • CONTRACTS UNDER$25,000 PROCESSING FORM DATE OF SUBMISSION: 6/3/2021 DEPARTMENT: Legal SUBMITTED BY: Huy Tran PR.� j''r.VG-IVIATURE CONTRACT SUMMARY COMPANY NAME Bickerstaff Heath Delgado Acosta,LLP COMPANY ADDRESS 3711 S. MoPax Expy., Building 1, Suite 300, Austin,Texas 78746 COMPANY CONTACT J. Yanez COMPANY CONTACT# 512-320-5638 CONTRACT AMOUNT: $24,000.00 FUNDING ACCOUNT#: PROFESSIONAL SERVICES, ACCT. NO, 001-05-013-5420-00-10-000 SUMMARY Advising the City of issues relating to Cause No. D-206469; Kirk Thomas v. City and other legal services assigned and requested. Finance Director C. � Signature-A proved as to funds. Purchasing Manager t v Yt'1,„ Signature Date submitted to City Attorney /1111.1.". Valecia Tizeno,City Attorney Signat e-Appr. ed as to form. (For use by City Secret• ' e rce only) �} ASSIGNED FILE NAME PUa 1 Q�;G /Lp �-c& �� (� �.P<I o�adlt? AG(� , IL?) SUBMITTED TO PURCHASING (p + i 19031 J Bickerstaff Heath Delgado Acosta LLP 3711 S.MoPac Expy.,Building 1.Suite 300.Austin,Texas 78746 ENGAGEMENT AGREEMENT This agreement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement,these terms will be an integral part of our agreement with you. Therefore.we ask that you review this agreement carefully and contact us promptly if you have any questions. Please retain this agreement in your file. Identity of Client. We will be representing the interests of the City of Port Arthur. Attorneys. Bickerstaff Heath Delgado Acosta LLP is engaged by you as your attorneys, and I, C. Robert Heath, will be the partner who will coordinate and supervise the services we perform on your behalf. We routinely delegate selected responsibilities to other persons in our Firm when,because of special expertise,time availability or other reasons,they are in a better position to carry them out. In addition,we will try,where feasible and appropriate,to delegate tasks to persons who can properly perform them at the least cost to you. The Scooe of Our Work. You should have a clear understanding of the legal services we will provide. We will provide services related only to matters as to which we have been specifically engaged. Although in the future we may from time to time be employed on other matters, our present relationship is limited to representing the above-named client in the matters described in Exhibit A. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed, We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. fees for Legal Services. Our charges for professional services are customarily based on the time devoted to the matter,the novelty and difficulty of the questions presented,the requisite experience, reputation and skill required to deal with those questions,time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing,our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and other timekeepers who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates annually, increasing them to reflect experience, expertise, and current economic conditions. We will notify you in writing if this fee structure is modified. The initial agreed billing rates for attorneys and other timekeepers engaged on your work are attached as Exhibit B. Other Charges. All out-of-pocket expenses(such as copying charges,travel expenses,messenger expenses,filing and other court costs,and the like)incurred by us in connection with our representation of you will be billed to you as a separate item on your statement. A description of the most common expenses is included as Exhibit C and agreed to as part of this agreement. Billing Procedures and Terms of Payment. Our billing period begins on the 16th of the month and ends on the 15th of the following month. We will render periodic invoices to you for legal services and expenses. We usually mail these periodic invoices on or before the last day of the month following the latest date covered in the statement. Each invoice is due upon receipt,must be paid in U.S. Dollars,and is considered delinquent if not paid in full within 30 days of its stated date. Payment must be made to the Firm at 3711 S. MoPac Expressway, Building One, Suite 300, Austin, Texas, 78746. We will include all information reasonably requested by you on all invoices and will reference any purchase order number provided by you. Payment ana interest, if any, will comply with the Prompt Payment Act (Texas Government Code Chapter 2251),if applicable,for any final invoices. If you have any question or disagreement about any invoice that we submit to you for payment,please contact me at your earliest convenience so that we can resolve any problems without delay. Typically,such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. Termination of Services. You have the right at any time to terminate our employment upon written notice to us,and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney-client relationship with you at any time that payment of your account becomes delinquent, subject to Court approval if necessary. In the event that you fail to follow our advice and counsel,or otherwise fail to cooperate reasonably with us,we reserve the right to withdraw from representing you upon short notice, regardless of the status of your matter. No termination,whether by you or by us, will relieve you of the obligation to pay fees and expenses incurred prior to such termination. Retention of Document. Although we generally attempt to retain for a reasonable time copies of most documents in the possession of this Firm related to the matter(s)described in Exhibit A, we are not obligated to do so indefinitely,and we hereby expressly disclaim any responsibility or liability for failure to do so. We generally attempt to furnish copies of all documents and significant correspondence to you at the time they are created or received, and you agree to retain all originals and copies of documents you desire among your own files for future reference. This document serves as notice to you that we will destroy such materials in accordance with the Firm's record retention policy,which may be amended from time to time and a copy of which will be provided at your request. It is our Firm's policy to destroy all copies, whether in paper or electronic form, of materials in connection with the representation seven (7) years after the completion of our work relating to this engagement or the completion of a particular project under this engagement, unless and to the extent an exception recognized in our document retention policy or other legal requirement applies to some or all of the subject materials and requires retention for a longer period of time. The Firm also reserves the discretion to retain its records of pertinent documents relating to its ongoing representation of a client,e.g.in a general counsel capacity. If you would like to obtain copies of materials in the Firm's possession related to this matter prior to the scheduled destruction of the materials, please notify the Firm. Because you will have been furnished with copies of ail relevant materials contained in our files during the course of the active phase of our representation,if you later ask us to retrieve and deliver materials contained in a file that has been closed,you agree that we will be entitled to be paid a reasonable charge for the cost of retrieving the file, and identifying, reproducing, and delivering the requested materials to you. Fee Estimates. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However,an estimate is just that,and the fees and expenses required are ultimately a function of many conditions over which we have little or no control,especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us will be subject to your agreement and understanding that such estimates do not constitute maximum or fixed-fee quotations and that the ultimate cost is frequently more or less than the amount estimated. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas,United States of America,without giving effect to its choice of laws provisions. Venue of any case or controversy arising under or pursuant to this Agreement will be exclusively in Travis County,Texas,United States of America. Standards of Professionalism and Attorney Complaint Information. Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we hereby advise you that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. Information on the grievance procedures is available from the State Bar of Texas,and any questions you have about the disciplinary process should be addressed to the Office of the General Counsel of the State Bar of Texas,which you may call toll free at 1.800-932-1900. Questions. if you have any questions from time to time about any aspect of our arrangements,please feel free to raise those questions. We want to proceed in our work for you with your clear and satisfactory understanding about every aspect of our billing and payment policies; and we encourage an open and frank discussion of any or all of the matters addressed in this agreement. Acceptance of Terms. If this arrangement is acceptable to you and the City of Port Arthur,please sign the enclosed duplicate original of this agreement and return it and the required retainer to us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. AGREED TO AND ACCEPTED City of Port Arthur BICKERSTAFF HEATH DELGADO ACOSTA LLP Ati) By gem 111111111P" 4 By:C _ F-A0t4aVa � i [Printed name]Title: 1, t4A-A )I' & a j o e. Date: NI �� o_ v% P \$, ?on cc: Billing Department a * 0 (1)4 Exhibit A—Scope of Services Bickerstaff Heath Delgado Acosta LLP While we agree that in the future we may from time to time be employed on other matters,this agreement provides that our relationship is limited to representing and counseling you in connection with the following: • Defend the City in Cause No, D•206469; Kirk Thomas v.City of Port Arthur; In the 136th Judicial District Court of Jefferson County,Texas • • Other legal services assigned or requested, only if the scope of which is confirmed by you in writing at the time of assignment Other legal services not assigned or requested,and confirmed in writing,are specifically not within the scope of our representation.