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Home My WebLink AboutPR 24507: GERMER PLLC, AS INTERIM LEGAL COUNSELOF PAEDC ..„--,,,,,,, ,,, „.,), i, -., , ,, 0 �o PORT*ARTHUR ONOMIC;DEN ELOPMENT CORPORATION INTEROFFICE MEMORANDUM Date: August 22, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton CPM, City Manager From: Krystle Muller, Interim CEO RE: PR 24507—Approving the engagement of Germer PLLC, as Interim Legal Counsel for the Port Arthur Economic Development Corporation(PAEDC). Introduction: The intent of this Agenda Item is to seek Port Arthur City Council's approval for the Port Arthur Economic Development Corporation to engage the services of Germer PLLC, Beaumont, Texas, as Interim Legal Counsel. Background: Pursuant to Resolution 22-347, the PAEDC entered into a Legal Service Agreement with Denton Navarro Rodriguez Bernal Santee & Zech, P.C. to serve as the PAEDC's legal counsel. On July 7, 2025, PAEDC Board of Directors voted to issue a thirty (30) day notice to Denton Navarro Rodiguez Bernal Santee & Zech, P.C. to terminate their Legal Service Agreement with the Port Arthur Economic Development Corporation, effective August 15, 2025. The PAEDC received letters of interest to provide Interim Legal Counsel Services from Davidson Troilo Ream& Garza PC Attorneys at Law, Austin, Texas and Germer PLLC, Beaumont, Texas. At their Special Board Meeting held on August 21,2025,the Board approved engaging the services of Germer PLLC as Interim Legal Counsel. Budget Impact: The budgetary impact of this item is $30,000.00 with funds available in PAEDC Account No Account Number 120-80-625-5420-00-00-000 (Professional Services). Recommendation: It is recommended that the Port Arthur City Council approve the appointment of Germer PLLC, 1 Beaumont, Texas, as Interim Legal Counsel for the PAEDC. PR NO. 24507 August 22, 2025 JMC RESOLUTION NO. A RESOLUTION APPROVING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION ENGAGING THE INTERIM LEGAL COUNSEL SERVICES OF GERMER PLLC OF BEAUMONT, TEXAS IN AN AMOUNT NOT TO EXCEED $30,000.00; FUNDS ARE AVAILABLE IN PAEDC ACCOUNT NO. 120-80-625-5420-00- 00-000 (PROFESSIONAL SERVICES) WHEREAS, the Port Arthur City Council deems it is in the public interest to authorize the Port Arthur Economic Development Corporation (the "PAEDC") to engage an Interim Legal Counsel; and WHEREAS,pursuant to resolution 22-347,the PAEDC entered into a Legal Service Agreement with Denton Navarro Rodriguez Bernal Santee& Zech, P.C. to serve as the PAEDC's legal counsel; and WHEREAS, on July 7, 2025, PAEDC Board of Directors voted to issue a thirty (30)day notice to Denton Navarro Rodriguez Bernal Santee&Zech, P.C. to terminate their Legal Service Agreement with the Port Arthur Economic Development Corporation, effective August 15, 2025; and WHEREAS,the PAEDC received letters of interest to provide Interim Legal Counsel Services from Davidson Troilo Ream& Garza PC Attorneys At Law, San Antonio. Texas and Germer PLLC, Attorneys at Law, Beaumont, Texas; as shown in Exhibits "A", & "B"; and WHEREAS,at their Special Board Meeting held on August 21, 2025,the Board approved engaging the services of Germer PLLC as Interim Legal Counsel, "Exhibit B' 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 Port Arthur City Council approves the Port Arthur Economic Development Corporation's engagement of Germer PLLC of Beaumont, Texas as Interim Legal Counsel, at a cost not to exceed $30,000.00, "Exhibit B'. Section 3. 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., 2025, at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers NOES: Charlotte M. Moses, Mayor NW' A_TEST: Sherri Bellard, City Secretary APPROVED: Krystle uller, Interim PAEDC CEO APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: �� 06. &ate-eee Lynda'Eoswell,Finance Director Exhibit A 114 DAVIDSON JOHN W DAVIDSON(1929-2024) ARTHUR TROILO 11931-20201 CHEREE TULL KINZIE PATRICK W.LINDNER TROILO LEA A.REAM FRANK J.GARZA JAMES C WOO DAVID R RANGEL BETSY J JOHNSON R JO RESER REAM & STEVEN M.PENA JESSIE LOPEZ NICONDRA CHARGOIS ALLEN JUSTIN J NAIL MOLLY G SOLIS •� GARZA PC ATTORNEYS AT LAW SCOTT J.SMYTH E SPENCER NEALY AUSTIN R BECK MICHAEL S MCCANN JR. CHELSEAN AMEN LAURENT PAYNE MALLORIEP.FALCON ALLYSSASANTIAGO OF COUNSEL TERRY TOPHAM R GA:NES GRIFFIN RICHARD E HETTINGER Francisco J.Garza fgarza@dtrglaw.com July 16,2025 PAEDC Board of Directors c/o Terry Stokes CEO, Executive Director 501 Procter St., Suite 100 Port Arthur,Texas 77640 RE: Engagement Letter Interim General Counsel Services Port Arthur Economic Development Corporation Dear Mr. Stokes: Per my discussion with Krystle Muller, the Port Arthur Economic Development Corporation ("PAEDC") is interested in the hiring of Davidson Troilo Ream & Garza, to provide Interim General Counsel services to the PAEDC, which will allow the PAEDC sufficient time and opportunity to issue a Request for Proposal for legal services for new General Counsel. Davidson Troilo Ream & Garza (DTRG) is interested in providing PAEDC with these services for an interim basis. DTRG has focused primarily on the public sector and our firm has a long history of successful collaborative effort in the representation of municipalities and EDC's. As such, we are well qualified to provide such legal services on an interim basis to the PAEDC. Per our original proposal, the PAEDC's Interim General Counsel team will be led by Austin Beck and myself. Our fees for professional services are charged at hourly rates ranging from $220.00 to $550.00. Services that I or any Partner will perform will be at the reduced rate of$285.00 per hour, Austin Beck and other Senior Associates will be at $250 per hour and any work done by any Associate will be at $225 per hour. Any traveling that we do to Port Arthur will be charged at one-half the hourly rate and mileage per the current IRS rate. It is our intent to have an attorney physically present at the meeting unless you specifically ask that we attend by phone or virtually. The services for our paralegal personnel, who assist our attorneys by performing many technical services under their supervision, are charged at $100.00 an hour. As Interim General Counsel, our firm will bill the PAEDC monthly for services rendered and for any support expenses (copying, special mailing, out of town travel, etc.) incurred in its behalf. Our statements are payable within thirty (30) days upon receipt. Since I am familiar with the requirements of EDC's, our statements will include a 764811#280089 MAINTAINING A TRADITION OF TEXAS VALUES SINCE 1962 -I DTRG 1V' PAEDC Board of Directors July 16,2025 Page 2 description and a breakdown of each of my entries for each day, the amount of time expended and the dollar figure charged for each entry. There is no expectation for any billable hours per attorney and only anticipate payment for actual services provided. To the best of our knowledge, our firm does not represent any person, company or entity that would create a conflict of interest with the City of Port Arthur or the PAEDC. It is our firm's policy not to represent any client against any of our governmental entity clients. If you have any questions regarding this submission, please contact me at (210) 349-6484. Thank you for your consideration and I look forward to hearing from you. Sincerely, Frank J. arp Davidson roil6 Ream & Garza A Professi a1 Corporation Acknowledge Approval: Darrell Anderson Terry Stokes PAEDC Board President PAEDC CEO and Executive Director Exhibit B G E RM E R AUSTIN BEAUMONT HOUSTON SAN ANTONIO TYLER www.germer.com ATTORNEYS AT LAW GUY N.GOODSON Principal Direct Dial:(409)654-6730 ggoodsoragermer.com August 6, 2025 Krystle Villarreal Muller Deputy Director CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION 501 Procter Street, Suite 100 Port Arthur, Texas 77640 Re: City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") — Proposal for Interim General Counsel Services Dear Mrs. Muller: The undersigned has been advised to submit to you to provide to the Board of Directors of the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") a proposal Ietter for engagement of legal services by Germer PLLC ("GERMER"). We understand the PAEDC request is for Interim General Counsel services until PAEDC prepares and issues a Request for Proposal for Legal Services and engages General Counsel services. The undersigned together with Kate Leverett and Anna Seale are the primary attorneys with GERMER for this interim engagement. A brief resume of each is enclosed for your review. The named attorneys in GERMER focus on public entity and administrative law practice and representing cities and their economic development corporations. The work as Interim General Counsel for PAEDC would be handled by Kate Leverett and the undersigned. Our fees for professional services are stated below: Guy N. Goodson $275.00 per hour Kate K. Leverett $275.00 per hour Other Senior Attys. $250.00 per hour Associates $175.00per hour As was the practice at earlier dates working with PAEDC, GERMER does not charge for travel time,but only mileage per the current Internal Revenue Service schedules. GERMER PLLC 550 FANNIN SUITE 400 BEAUMONT,TX 77701 Or P.O.BOX 4915 BEAUMONT,TX 77704 PHONE:409.654.6700• FAX:409.835.2115 The undersigned together with Kate Leverett and Anna Seale will be available to attend any and all meetings in person, as requested by the Board of Directors of the District to address any items that may arise during the period for interim legal services. Presently, our practice group employs two (2) legal assistants, but their services are provided through GERMER at no charge to our clients. Additionally, only authorized expenses would be charged and provided, pursuant to our customary monthly biIIing statements,which as PAEDC was previously aware,include details of services performed, date of services and amount of attorney time expended. In a discussion with our Conflicts Administrator, GERMER does not show representation of any public or private entity that is shown as a conflict with PAEDC. If in that regard there are specific entities with which PAEDC currently has outstanding performance agreements presently outstanding or in process, the identification of such would be beneficial for us to begin a review through our Conflicts Administrator. The undersigned certainly appreciates the opportunity to submit this proposal. We look forward to your consideration of this proposal and look forward to the future opportunity to provide a response to the issued Request for Proposal for Legal Services. Yours very truly, GERMER PLLC By: -LI- L444-"%-- Guy N. Goodson GNG/kg Enclosure EXPERIENCE AND INFORMATION ON PERSONNEL TO BE ASSIGNED: Names and Experience Guy N. Goodson,Principal • B.B.A.,University of Texas at Austin • J.D., Southern Methodist University • 48 years legal experience • 43 years municipal, administrative and public entity representation, and 20 years municipal bond and special project financing Kate K. Leverett,Principal • B.A., Texas A&M • J.D., South Texas College of Law • 13 years legal experience • 12 years of municipal, administrative,business litigation, and public entity representation Anna Seale,Associate • B.A., University of Texas at Austin • J.D.,University of Houston Law Center • Assists practice group in municipal, administrative, business litigation, and public entity representation Misty Muse, Legal Assistant to Guy N. Goodson • 33 years' experience in public entity representation and municipal finance. Kala Gohlke,Legal Assistant to Kate K. Leverett and Guy N. Goodson • 16 years' legal experience in public entity representation,employment law, litigation,real estate and probate.