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HomeMy WebLinkAboutPR 24898: AMEND CONTRACT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. FOR LEGAL SERVICES P.R. No. 24898 04/10/2026 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. ("LLOYD GOSSELINK") FOR LEGAL SERVICES RELATED TO THE STUDY, DESIGN, PERMIT, CONSTRUCTION, OPERATION OF A CELL AT THE CITY'S LANDFILL, INCREASING CONTRACT FUNDING BY $35,000.00 FOR A NEW TOTAL CONTRACT AMOUNT NOT TO EXCEED $60,000.00; FUNDING IS AVAILABLE IN THE LAW DEPARTMENT'S PROFESSIONAL SERVICES - ACCOUNT NO. 001-05-013-5420-00-10-000. WHEREAS, on January 6, 2026, the City Manager and City Attorney entered into an agreement with Lloyd Gosselink Rochelle & Townsend, P.C. ("Lloyd Gosselink"), attached hereto as Exhibit"A", for professional legal services related to the study, design, permit, construction, operation of a cell the City's Landfill in an amount not to exceed $25,000.00; and WHEREAS, due to the ongoing complexity of the matter and the need for additional legal consultation, expert analysis, and specialized studies, increased funding is now required to fulfill the contemplated scope of work and to support continued involvement of legal counsel; and WHEREAS, as a result of these measures, additional funding in the amount of$35,000.00 is being requested to cover the increased costs associated with the matter with such funding available in the Law Department's FY 2025-2026 Budget, Professional Services Account No. 001-05-013-5420-00-10-000; 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. Section 2. That the City Council hereby authorizes the City Manager and/or the City Attorney to amend the contract with Lloyd Gosselink to increase the contract by an additional $35,000.00 for a new total amount not to exceed $60,000.00 in order to complete services related to the study, design, permit, construction, operation of a cell the City's Landfill. Section 3. That funding is available in Law Department's FY 2025-2026 Budget, Professional Services Account No. 001-05-013-5420-00-10-000. Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. p READ,ADOPTED,AND APPROVED,this day of April 2026,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: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPRO Roxann Pais Cotroneo, City Attorney APP ' 1 VED FOR AVAILABILITY OF FUNDS: `oy , 62_ 169/j4.4j,/, Lyn.a Boswell, M.A., ICMA-CM Director of Finance APPRO O ' ADMINISTRATION: ettlfr Ronald Mirrn VA City Man._ r Clifton illiams, CPPB Purchasing Manager Exhibit "A" CONTRACTS UNDER$25,000 PROCESSING FORM DATE OF SUBMISSION: 1/6/2026 DEPARTMENT: City Attorney SUBMITTED BY: DeAndreia Moore,Legal Secretary `..h4 PRINT NAME SIGNATURE CONTRACT SUMMARY COMPANY NAME Lloyd Gosselink COMPANY ADDRESS 816 Congress Avenue,Suite 1900,Austin,TX 78701 COMPANY CONTACT Jose E.de la Fuente COMPANY CONTACT# (512)322-5800 EMAIL ADDRESS: ?fuente(ai CONTRACT AMOUNT: Not To Exceed @$24,999.00(Total amount) FUNDING ACCOUNT#: PROFESSIONAL SERVICES-ACCOUNT NO.001-05-013-5420-00-10-00 SUMMARY The Attorney and his firm will provide representation for the City of Port Arthur with EISG Incorporated and potential contract issues related to the City's Landfill,as outlined in the scope of work,with compensation at an hourly rate of$525.00 and $495.00 per hour for principals,$350 per hour for associates,and legal assistants at $230 per hour for litigation support specialists. Finance Director / (Q�J„p Cj Zzo1 Sign cure-A Purchasing Manager Signature Date submitted to City Attorney City Attorney , Signature-Approved as to form. (For use by City Secretary's Office only) ASSIGNED FILE NAME 2091, Li A (- Osse r'V ( ) SUBMITTED TO PURCHASING 1- 13 — g(j L ■ loyd s l'Con^_rca Avenue.._Stine 1900 Ausin.Texas'8-0I osselink 5 is 3.2 csoo , C� 512.4- .05 2f IL'k Vli r coin Mr.Reed's Direct Line:(512)322-5335 Email: jreed®tglawfirm.com December 19, 2025 Via E-mail: roxann.cotroneo(.portarthurtx.Rov City of Port Arthur Attn: Roxann Cotroneo, City Attorney 444 4th Street Port Arthur, TX 77640 Re: Supplement to Engagement Letter—City of Port Arthur/EISG Incorporated; Billing File Number: 3998-04 Dear Roxann: We appreciate the confidence you have shown in us by recently requesting additional legal services from our firm. For various reasons it is necessary for our firm to specifically enumerate those matters on which we are working. The purpose of this letter is to set forth our understanding of the legal services to be performed by us and is a Supplement to the original Engagement Letter. This letter confirms that Lloyd Gosselink Rochelle & Townsend, P.C. ("Lloyd Gosselink") will represent City of Port Arthur with respect to the matter regarding EISG Incorporated and the potential contract issues related to the City's Landfill (the "Matter"). Furthermore, this letter is our notice to you regarding our acceptance of this representation(the"Representation"). Terms of Engagement Our original Engagement Letter and the Additional Terms of Engagement attached thereto, dated July 10, 2018 set out the terms of our engagement in the Representation. This letter is expressly incorporated into that document, noting that our firm's hourly rates charged on this matter will be $525 per hour for Jose E. de la Fuente, $495 per hour for Jeffrey Reed, $350 per hour for associates,and$230 per hour for legal assistants and litigation support specialists. At this time,the total amount of fees that may be incurred under this engagement is not to exceed$25,000, subject to later amendment and increase. It is understood and agreed that our engagement is limited to the Representation, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in the original Engagement Letter and all Supplements thereof. Personnel Who Will Be Working on the Matter I will be the attorney in charge of the Representation, and I will be working on the Matter. You may call, write, or e-mail me whenever you have any questions about the Representation. Lloyd Gosselink Rochelle&Townsend,PC December 19, 2025 Page 2 Other firm personnel, including firm lawyers and paralegals,will participate in the Representation if,in our judgment,their participation is necessary or appropriate. Conflicts of Interest Before accepting this Representation, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest that would bar our firm from representing you in the Matter. Based on the information available to us, we are not aware of any potential disqualification. We reviewed the issue of potential conflicts in accordance with the rules of professional responsibility adopted in Texas. Cloud-Based Software We use cloud-based electronic data storage and/or document preparation systems to store Client confidential information and/or prepare legal documents pertaining to this Matter. We may also use software that utilizes artificial intelligence where doing so would provide material benefit to your representation. In accordance with the Texas Disciplinary Rules of Professional Conduct and the Supreme Court of Texas, Professional Ethics Committee Opinion No. 680, in using such cloud-based or artificial intelligence software, we undertake reasonable precautions and remain alert to avoid the possibility of data breaches, unauthorized access, and/or disclosure of Client confidential information. Document Retention We may choose to keep records pertaining to this Matter in partially or exclusively electronic format, and we will bear ordinary costs relating to the treatment and storage of such records as part of the cost of providing legal services to you. Upon completion of our work on this Matter,your file,in the form in which it was maintained,will be made available for transfer to you at our office. As a general rule,we keep client files for five years. If your file has not previously been returned to you before the end of the retention period, our document retention policy directs us to offer the file to you at that time. Original documents(e.g.,permits,licenses,deeds,wills and the like), or material that has unique or significant value in the form we originally acquired it,will be returned to you in that original form. We may, however, require you to pay any delivery or shipping expenses associated with delivering your client file and other client property to you at a location other than our office. If you do not indicate a desire to have the file returned to you, the file(both electronic and written)will be destroyed. Conclusion This letter is appended to, and made a part of, our original Engagement Letter and the Additional Terms of Engagement attached thereto, and together with all other Supplements constitute the entire terms of the engagement of Lloyd Gosselink Rochelle & Townsend, P.C. in the Representation. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written Supplement. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either you or Lloyd Gosselink Rochelle & Townsend, P.C. If you agree to these terms of December 19, 2025 Page 3 engagement, please sign in the space provided below and return a scanned copy of the executed Supplement to Engagement Letter. Sincerely, /s/Jeffrey S. Reed Jeffrey S. Reed JSR/cad CITY OF PORT ARTHUR Roxann Cotroneo City Attorney Ron Burton, PM 1Vlanager = $OCita LLOYD GOSSELINK ATTORt - I Contracts(2) $19,221.07 available total Number Status Entry Date Ezpire Date Extended Date Rewseal Available 3000524 POSTED 01/14/2026 24,999.00 9,824.00 G 3000355 POSTED 03/25/2025 145,000.00 9,397.07 C Rows per page. 25 - 1.2 of 2