HomeMy WebLinkAboutPR 25037: TO AMEND THE CONTRACT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. (“LLOYD GOSSELINK”) FOR PROFESSIONAL LEGAL SERVICES RELATED TO STATE OF TEXAS VS. CITY OF PORT ARTHUR P.R. No. 25037
07/01/2026 ht/rpc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
CONTRACT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C.
("LLOYD GOSSELINK") FOR PROFESSIONAL LEGAL SERVICES RELATED
TO STATE OF TEXAS VS. CITY OF PORT ARTHUR, TEXAS, CAUSE NO. D-1-
GN-001285 IN THE 201sT DISTRICT COURT OF TRAVIS COUNTY, TEXAS, TO
INCREASE FUNDING BY $100,000.00, FOR A NEW TOTAL CONTRACT
AMOUNT NOT TO EXCEED $245,000.00; FUNDING IS AVAILABLE IN WATER
UTILITIES PROFESSIONAL SERVICES ACCOUNT NO. 410-40-200-5420-00-00-
000 TO COVER THE INCREASED COSTS.
WHEREAS, on March 24, 2025, 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 State of Texas vs. City of Port Arthur, Texas, Cause No. D-1-GN-
25-001285 in the 201st District Court of Travis County, Texas, in an amount not to exceed $25,000; and
WHEREAS, on May 20, 2025, pursuant to Resolution 25-230, attached hereto as Exhibit "B", a
funding increase in the amount of $120,000.00 was approved for additional legal consultation, expert
analysis and specialized studies resulting to a new total contract amount not to exceed $145,000.00; and
WHEREAS, due to the ongoing complexity of the matter and the need for additional legal
consultation, expert analysis, and specialized studies, additional funding is needed to fulfill the
contemplated scope of work and to support continued involvement of legal counsel; and
WHEREAS, as a result of these measures, a funding increase in the amount of $100,000.00 is
being requested to cover the increased costs associated with the matter as delineated in Exhibit"C"; 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 and/or the City Attorney
to amend the contract with Lloyd Gosselink to increase the contract by an additional $100,000.00 for a new
total amount not to exceed $245,000, in order to complete services related to State of Texas vs. City of Port
Arthur, Texas, Cause No. D-1-GN-25-001285 in the 201st District Court of Travis County, Texas.
Section 3. That the funding for the additional services is available in Water Utilities Services
Professional Services Account No. 410-40-200-5420-00-00-000.
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 July,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:
Christe Whitely Ned, TRMC
City Secretary
APPROVED AS T •
Roxann Pais Cotroneo, JD
City Attorney
/7 /
APPROVED FOR AV ILITY OF NDS:
Lyn oswell, ' A, I MA-CM
Director of Finance
APPROVED FO IN S TION:
Ronald Burton, C
City Manager
( I ' -at.tt
Clifton 'illiams, CPPB
Purchasing Manager
Exhibit "A"
CONTRACTS UNDER $25,000 PROCESSING FORM
DATE OF SUBMISSION: 3/24/2025
DEPARTMENT: City Attorney
SUBMITTED BY: Gwen Thibodeaux, Sr. Legal Assistant
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: jdelafuentegiglavwfinn corn
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 in Cause No. D-1-GN-25-001285, State of Texas vs. City of Port Arthur
(AG WWTP Lawsuit) in the District Court of Travis County,Texas, as outlined in
the scope of work, with compensation at an hourly rate of$485.00 per hour
for principals, $325 per hour for associates, and legal assistants at $185 per
hour for litigation support specialists.
Finance Director <�� � �� , � CC (7
(/
Signature-Approved as to funds.
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 ).O25 1.10y a EloSS€.\‘r'.
SUBMITTED TO PURCHASING
Lloyd 816 Congress Avenue,Suite 1900
Austin,Texas 78701
Gosselink 512 322 5800 p
agAlJJ 1 512.472.0532 t
ci c¢ N t> ti s \ i t 5 0 Iglawfirm.corn
Mr.de la Fuente's Direct Line:(512)322-5849
Email: jdelafuente@lglawfirm.com
March 21, 2025
City of Port Arthur VIA EMAIL
Attn: Roxann Cotroneo, City Attorney
444 4`h Street
Port Arthur,TX 77640
roxann.cotroneo@portarthurtx.gov
Re: Supplement to Engagement Letter—City of Port Arthur/AG WWTP Lawsuit;
Billing File Number: 3998-3
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 defending the City against a
lawsuit from the AG's office regarding unauthorized discharges from three wastewater treatment
plants(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 $485 per hour for principals, $325 per hour for associates, and legal assistants and
$185 per hour for 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.
Other firm personnel, including firm lawyers and paralegals,will participate in the Representation
if, in our judgment, their participation is necessary or appropriate.
Lloyd Gosselink Rochelle&Townsend PC
City of Port Arthur
March 21,2025
Page 2
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.
City of Port Arthur
March 21, 2025
Page 3
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
engagement, please sign in the space provided below and return a scanned copy of the executed
Supplement to Engagement Letter.
Sincerely,
is/Jose E. de la Fuente
Jose E. de la Fuente
JEFtbnm
Enclosure
CITY OF PORT ARTHUR
Ronald Burto
City M
Roxann Pais Cotroneo
City Attorney
Lloyd
Gosselink •
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July 10, 2018
Yalecia.i iieno. City \Homey I iu email. ral.ti:'ao a purtarth:+rtx.gcr
('its of Hurt Arthur
P.O. Box I08g
Port Arthur.Texas 77611
Re: i-ngagetncnt Letter
General i mployment I :iv\ Counseling
l3illine I ile Number: 3998-00
Dear Ms. 1 il.eno:
\\e \\ant to express our appreciation for the opportunity you have given our firm to work
with you. \s part of our routine in opening new files. and in part to comply with the provisions
of Texas Local Government Code Chapter 176. we provide clients with an engagement letter.
The purpose of this letter is to set forth our understanding of the legal services to be performed
by, us for this engagement and the basis upon mhich we mill be paid for those services. This
letter confirms that i loyd Gosselink Rochelle & Townsend. P.C. ("Lloyd Gossclink") will
represent the City of Port Arthur m ith respect to general employment lam matters("the \latter").
Our acceptance of this representation (the "Representation") becomes effective upon our receipt
of an executed copy of this agreement.
Terms of Engagement
his letter sets out the terms of our engagement in the Representation. Certain of those
terms are included in the body of this letter. and additional terms are contained in the attached
document. entitled .hiditiunal Thrum of l'rtgagcmcnt. dated .August 27. 2013. That document is
expressly incorporated into this letter. and it should be read carefully. The execution and return
of the enclosed copy of this letter constitutes an agreement to all the terms set forth in this letter
and in the attached.Idditiono/ Term, ul Fngat,.'enw,u.
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 sell ices other
than those set forth in this letter.
I'erconncl who %ill tic Vs(Irking on the Matter
1 mill be the attorney in charge of the Representation, and I mill be working on the
Matter. \1v associate. ;\shley Thomas. mill also be working on the matter. You may contact me
or Ms. Thomas whenever you have any questions about the Representation. Other firm
personnel. including firm lawyers and paralegals, will participate in the Representation if, in our
.judgmo nt. their participation is necessary or appropriate.
Hoyt I t icussc•link Hut i tent! & Tom'set ttl. l'.(:.
Jul% I0.201X
Page
Legal Fees and Other Charges
Our tees in the Matter will he based on the time spent by firm personnel. primarily firm
lawyers or paralegals, who participate in the Representation. 1'Ve will charge in increments of
tenths of an hour. We charge for time spent in act»ities including but not limited to the
following: telephone and office conferences regarding the Matter. factual investigation. legal
research: file management; responding to requests from you that we provide information to you
or your auditors: drafting correspondence and other d. euments;and travel. if needed.
I et:al fees and costs are difficult to estimate. Please be assured that we will make e%cry
effort to manage fees and costs by working efficiently and cost-effectively.
My current rate is 1,325.00 per hour. and Ms. 1 homas's current rate is S250.00 per hour.
Other lawyers. paralegals and other personnel ma) he assigned as necessary to achieve proper
staffing. In order to keep fees down. we utilize briefing clerks. paralegals, and other support
personnel to perform those tasks not requiring the time of an attorney. fhe firregoing rates may
he adjusted annually and, if so. will be noted on your hill. We will submit all out-of-pocket
expenses incurred for reimbursement on the invoice.except that we may request you pay directly
to the pro%ider unusually large outside costs, such as experts and consultants.
Invoices
We will send you a confidential statement on a monthly basis. usually by the 20th of the
following month. The hills will pro\ide, in full detail, a description of all work that has been
performed. the charge for each day's work, all incurred expenses, and an account balance. We
will also send a remittance page summarizing only ores and costs. so that you can keep the
details of sery ices rendered confidential from your accounts payable personnel. Full pay ment is
due on receipt of the statement.
Conflicts of Interest
Before accepting the Representation. we have undertaken reasonable and customary
efforts to determine whether there are am potential conflicts of interest that would bar our firm
from representing you in the `tatter. Additionally, in compliance with Chapter 176 of the Local
Government Code (2007). we hate performed an internal conflicts of interest inquiry. Based on
the information a%ailable to us, and in accordance with the rules of professional responsibility
adopted in 1 exas, we are not aware of any potential disqualification.
Conclusion
this letter and the attached . Terms u/ Engag mrnI constitute the entire terms
of the engagement of Lloyd tiosselink Rochelle& Tow nscnd. P.C. in the Representation. these
written terms of engagement are not subject to any oral agreeanents or understandings. and they
can be modified only by further written agreement signed both by you and Lloyd (iussclink
Rochelle& Townsend, P.C. 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.('.
July IU. ?UIK
Page 3
Please carefully re%ic++ this document. which includes this letter and the attached
lJJiriond 7er►rr► ,t Engagement. If)ou hate an questions about these terms of engagement.
or if these terms are inaccurate in any way. please let me know immediately. lfacceptable. we
would appreciate you printing out. signing and returning this document by email, regular mail or
facsimile.
we arc honored by the opportunity to work with you.
Sincerely.
( ('
Sheila Gladstone
Sl3G:stl
Attachment
Si
Or V eJ- Ci40111.15013 116 \
Printed Nam,:
aolg
Date
Additional Terms of Engagement
1 his supplement to our engagement letter sets out additional terms of our agreement to provide the
representation described in our engagement. Because these :tdditienal terms of engagement are a part of our
agreement to provide legal services,you should review them carefully and should promptly communicate to us any
questions concerning this document. We suggest that you retain this statement of additional terms along with our
engagement letter and any related documents.
The Scope of the Representation
As lawyers, we undertake to provide representation and advice on the lettai matters for which we are
engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed :o
provide.Thus,if there are any questions about the scope of the Representation that we are to provide in the Matter,
please raise those questions promptly,so that we may resolve them at the outset of the Represertation.
Any expressions on our part concerning the outcome of the Representation,or any other legal matters,are
based on our professional judgment and are not guarantees.Such expressions,even when described as Opinions,are
necessarily limited by our knov.ledge of the facts and are based on our views of the state of the law at the time they
are expressed.
Upon accepting this engagement on your behalf.Lloyd Gosselink Rochelle& Townsend,P.C.agrees to do
the following: (I)provide legal counsel in accordance with thesc terms of engagement and the related engagement
letter,and in reliance upon information and guidance provided by you;and(2)keep you reasonably informed about
the status and progress of the Representation.
To enable us to provide effective representation,you agree to do the following: (1)disclose to us,fully and
accurately and on a timely basis,all facts and documents that are or might be material or that we may request, (2)
Keep us apprised on a timely basis of all developments relating to the Representation that are or might be material,
(3)attend meetings,conferences.and other proceedings when it is reasonable to do so,and(4)other nse cooperate
fully with us.
Our firm has been engaged to provide legal services in connection with the Representation in the Matter,as
specifically defined in our engagement letter. After completion of the Representation in the Matter, changes may
occur in the applicable laws or regulations that could affect your future rights and liabilities in regard to the Matter.
Unless we arc actually engaged after the completion of the Representation to provide additional advice on such
issues,the firm has no continuing obligation to give advice with respect to any future legal developments that:nay
pertain to the Matter.
It is our policy and your agreement that the person or entity that we represent is the one identified in our
engagement letter,and that our att,rney-client relationship does not include any related persons,employees of the
client,or related entities.
Who Will Provide the Legal Services
As our engagement letter confirms, Lloyd Gosselink Rochelle& Townsend, P.C.will represent you in the
Matter.Lloyd Gosselink Rochelle&Townsend,P.C.is a Texas professional corporation.
Although our firm will be providing legal services,each client of the firm customarily has a relationship
principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the
Representation, or parts of it. may be performed by other firm personnel, including lawyers and paralegals. Such
delegation may be for the purpose of involving other firm personnel with experience in a given area or for the
purpose of providing services on an efficient and timely basis.
Pace I
August 27.2013
Communication and Confidentiality
In keeping with technological advat:cemcros and the corresponding demands of clients,it is the practice of
the firm to use electronic(email)correspondence from time to time to communicate and to transmit documents. As
such,the possibility exists that electronic transmissions could be intercepted or otherwise received by third parties
and lose their privileged nature if the method of communication is ruled to lack sufficient confidentiality.As with
any correspondence regarding legal representation, regardless of the manner of transmission, we urge you to use
caution in its disicmination in order to protect its confidentiality. By signing below, you agree that we may use
email in the scope of the Representation.
We recognize our obligation to preserve the confidentiality of attorney-client communications as well as
the client confidences, as required by the governing rules of profcsional responsibility. If the Matter involves
transactions, litigation or administrative proceedings or like proceedings in which our firm appears as counsel of
record for you in publicly available records,we reserve the right to inform others of the fact of our representation of
you in the Matter and(if likewise reflected or record in publicly available records)the results obtained unless you
specifically direct otherwise.
Periodically,the firm is asked to provide a Representative Client List to prospective clients and in various
legal dire,:tories(e.g.,Martindale-4ubbell and the Texas Legal Directory).Unless you advise us to the contrary,we
may disclose to third parties the fact that our firm represents you.Lloyd Gosselink is not requesting authorization to
disclose any privileged information obtained during its representation.
Disclaimer
Lloyd Gosselink Rochelle & Townsend, P.C. has made no pmmisca or guarantees to you about the
outaame of the Representation of the Matter,and nothing in our engagement letter or the c terms of engagement
shall be construed as such a prom..c or guarantee.
Termination
At any time,you may, with or without cause,terminate the Representation by notifying us in writing of
your intention to do so. Any such termination of services will not affect the obligation to pay for legal services
rendered and expenses and charges incurred before termination,as well as additional services and charges incurred
in connection with an orderly transition of the Matter.
We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice.
There are several types of conduct or circumstances that could result in our withdrawing from representing a client,
including, for example, the following: non-payment of fees or charges; misrepresentation or failure to disclose
material facts; fraudulent or criminal conduct;action contrary to cur advice; and conflict of interest with another
client.1\c try to identify in advance and discuss with nur clients any situation that may lead to our withdrawal.
A failure by you to meet any obligations under these terms of engagement shall entitle Lloyd Gosselink
Rochelle & Townsend, P.C. to terminate the Representation. In that event,you will take all steps necessary to
release Lloyd Gosselink Rochelle&Townsend,P.C.of any further obligations in the Representation or the Matter,
including without limitation the execution of any documents necessary to effectuate our withdrawal from the
Reprea.cntation or the Matter. The right of Lloyd Gosselink Rochelle & Townsend, P.C. to withdraw in such
circumstances is in addition to any rights created by statute or re:,odnized by the governing rules of professional
conduct.
Uur engagement letter specifically explains our fees for services in the Matter. We will bill on a regular
basis,normally each month,for fees and expenses and charges.It is agreed that you will make full payment within
thirty(30)days of receiving our statement.We may give notice if an account becomes delinquent,and it is further
agreed that any delinquent account must be paid upon the giving of such notice.If the delinquency continues and
Page 2
August 27,2013
you do not arrange satisfactory payment terms, we may withdraw from the Representation. However, any
termination by either party may he subject to,nr controlled by,orders cf a court.
Document Retention
Upon completion of our work on this matter, it is our firm's policy that your original documents (c.g.,
permits,licenses,deeds, wills,etc.)and other client property be returned within a reasonable period of time. As to
any documents so returned, we may elec. to keep a copy of the documents in our stored flies. Our own files,
including lawyer work product pertaining to the matter, will be retained by the firm.These lirm files include firm
administrative records,time and expense reports,billing and accounting records.and internal work product.Internal
work product includes dralls,notes,internal communications(in both paper and electronic mediums),and legal and
factual research prepared fur the internal use of our firm's lawyers. All documents retained by the firm will be
transferred to the person responsible for administering our records retention program.For various reasons,including
the minimi7atlon of unnecessary storage expenses,we reserve the right to destroy or otherwise dispose of any such
documents or othcr materials retained by us after the completion of our work without additional notice.
Charges for Expenses and Services
Our invoices will include amounts for legal services rendered 'tnd for other expenses and services.
Example:, of other expenses and services include charges for photocopying, travel and conference expenses,
messenger deliveries,cemputerited research, and other electronic transmissions or filings. In addition, we reserve
the right to send to you for direct payment any invoices delivered to us by others,including experts and any vendors.
Rates for our legal services,expenses and charges arc subject to change from time to time and will be noted
on your bill.In some situations,we can arrange for such services and expenses to be provided by third parties billed
through our billings or by direct billing to the client.
Standards of Professionalism and Attorney Complaint information
Pursuant to rules promulgated by the Texas Supreme C''urt and the State Bar of Texas,we are to advise our
clients to the contents of the Texas Lawyer's Creed,a copy of which is attached. In addition,we are to advise clients
that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys
licensed in"fexa_. A brochure entitled Attorney Complaint Information is available in our office in Austin and !s
likewise available upon reyucst.A client that has any questions about the State Bars disciplinary process should call
;he Office of the General Counsel of the State Bar of Texas at ►-800-932.1900 toll free.
Aaeiananal Tenn of f.i^ag:cent 1 7 doe
Page 3
?ugust27,2013
THE TEXAS LAWYER'S CREED
A Mandate for Professionalism
Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7,1989
I am a lawyer, I am entrusted by the People of Texas to preserve and improve our legal system. I am
licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of
laws and rules I am committed to this Creed for no other reason than it is right.
I. OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity, integrity,and independence A lawyer
should always adhere to the highest principles of professionalism.
1. I am passionately proud of my profession. Therefore,"My wort is my bond"
2. I am responsible to assure that all persons have access to competent representation
regardless of wealth or position in life
3. I commit myself to an adequate and effective pro bono program.
4 I am obligated to educate my clients, the public,and other lawyers regarding the spirit and
letter of this Creed
5. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT
A lawyer owes to a client allegiance, learning,skill,and industry. A lawyer shall employ all appropriate
means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be
deterred by any real or imagined fear of judicial disfavor or public unpopularity, ncr be influenced by mere
self-interest.
1. I will advise my client of the contents of this Creed when undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation
as quickly and economically as possible.
3 I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty
and commitment to interfere with my duty to provide objective and independent advice.
4 I will advise my client that civility and courtesy are expected and are not a sign of
weakness.
5 I will advise my client of proper and expected behavior
6 I will treat adverse parties and witnesses with fairness and due consideration A client has
no right to demand that I abuse anyone or indulge in any offensive conduct
7 I will advise my client that we will not pursue conduct which is intended primarily to harass
or drain the financial resources of me opposing party
8 I will advise my client that we will not pursue tactics whin are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
10. I will advise my client:hat I reserve the right to determine whether to grant
accommodations to opposing counsel in a l matters that do not adversely affect my client's
lawful objectives.A client has no right to instruct me to refuse reasonable requests made
by other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other
alternative methods of resolving and settling disputes
III. LAWYER TO LAWYER
A lawyer owes to opposing counse, in the conduct of legal transactions and the pursuit of litigation,
courtesy, candor, cooperation,and scrupulous observance of all agreements and mutual understandings.
Ill feelings between clients shall riot influence a lawyer's conduct, attitude,or demeanor toward opposing
counsel A lawyer shall not engage in unprofessonal conduct in retaliation against other unprofessional
conduct.
1. I will be courteous, civil, and prompt in oral and written communications
2. I will not quarrel over matters of form or style,but will concentrate on matters of
substance.
3. I will identify for other counsel or parties all changes I have made in documents submitted
for review
4. I will attempt to prepare documents which correctly reflect the agreement of the parties I
will not include provisions which have not been agreed upon or omit provisions which are
necessary to reflect the agreement of the parties
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as scan as
practicable,when hearings, depositions, meetings,conferences or closings are cancelled.
6. I will agree tc reasonable requests for extensions of time and for waiver of procedural
formalities, provided legitimate objectives of my client will not be adversely affected.
7 I will not serve motions or pleadings in any manner that unfairly limits another party's
opportunity to respond
8. I will attempt to resolve by agreement my objections to matters contained in pleadings and
discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective representation does
not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly
permit my client or anyone under my control to do anything which would be unethical or
improper if done by me.
10. I will not,without good cause,artrioute bad motives or unethical conduct to opposing
counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I
will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and
witnesses. I will not be influenced by any ill feeling between clients. I will abstain from ary
allusion to personal peculiarities or idiosyncrasies of opposing counsel.
11. I will net take advantage,by causing any default or dismissal to be rendered,when I know
the identity of an opposing counsel,without first inquiring about that counsel's intention to
proceed.
12. I will promptly submit orders to the Court I will deliver copies to opposing counsel before or
contemporaneously with submission to the court. I w,'J promptly approve the form of orders
which accurately reflect the substance of the rulings of the Court.
13. I will not attempt to gain an unfair advantage by sending the Court or its staff
correspondence or copies of correspondence.
14. I will not arbitrarily schedule a deposition,Court appearance,or heanng until a good faith
effort has been made to schedule it by agreement.
15 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience
for any party
16. I will refrain from excessive and abusive discovery
17. I will comply with all reasonable discovery requests i will not resist discovery requests
which are not objectionaole I will rot make objections nor give instructions to a witness for
the purpose of delaying cr obstructing the discovery process. I will encourage witnesses to
respond to ail deposition questions which are reasonably understandable I will neither
encourage nor permit my witness to quibble about words where their meaning is
reasonably clear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my client's
lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect,diligence,candor, punctuality,and protection against unjust
and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and
independence of the Court and the profession
1. I will always recognize that the position of judge is the symbol of both the judicial system
and administration of justice. I will refrain from conduct that degrades this symbol.
2. I will conduct myself in court in a professional manner and demonstrate my respect for the
Court and the law.
3. I will treat counsel, opposing parties, witnesses, the Court.and members of the Court staff
with courtesy and civility and will not manifest by words or conduct bias or prejudice based
on race, color, national origin, religion,disability, age,sex, or sexual orientation.
4 I will be punctual.
5 I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent, m,scharacterize, misquote or miscite facts or authorities
to gain an advantage.
7 I will respect the rulings of the Court.
8 I will give the issues in controversy deliberate, impartial and studied analysis and
consideration.
9. I will be considerate of the time constraints and pressures imposed upon the Court, Court
staff and counsel in efforts to administer justice and resolve disputes.
Order of the Supreme Court of Texas and the Court of Criminal Appeals
The conduct of a lawyer snould be characterized at all times by honesty, candor, and fairness. In fulfilling
his or her primary duty to a client, a lawyer must be ever mindful of the profession's broader duty to the
legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in
our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country. We
believe such tactics are a disservice to our citizens, harmful to clients,and demeaning to our profession,
The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does
not serve justice but tends to delay and often deny justice. The lawyers who use abusive tactics, instead of
being part of the solution, have become part of the problem.
The desire for respect and confidence by lawyers from the public should provide the members of our
profession with the necessary incentive to attain the highest degree of ethical and professional conduct.
These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding
and voluntary compliance, secondarily upon reenforcernent by peer pressure and public opinion,and
finally when necessary by enforcement by the courts through their inherent powers and rules already in
existence.
These standares are not a set of rules that lawyers can use and abuse to incite ancillary litigation or
arguments over whether or not they have been observed
We must always be mindful that the practice of law is a profession. As members of a learned art we pursue
a common calling in the spirit of public service We have a proud tradition. Throughout the history of our
nation, the members of our citizenry have(coked to the ranks of our profession for leadership and
guidance Let us now as a profession each rededicate ourselves to practice law so we can restore public
confidence in our profession, faithfully serve our clients,and fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt"The Texas
Lawyer's Creed —A Mandate for Professionalism"described above
In Chambers, this 7th day of November, 1989.
The Supreme Court of Texas
Thomas R Phillips, Chief Justice
Franklin S. Spears, Justice
C. L. Ray, Justice
Raul A Gonzalez, Justice
Oscar H. Mauzy, Justice
Eugene A. Cook, Justice
Jack Hightower,Justice
Nathan L. Hecht, Justice
Lloyd A Doggett, Justice
The Court of Criminal Appeals
Michael J. McCormick, Presiding Judge
W.C. Davis,Judge
Sam Houston Clinton,Judge
Marvin O. Teague, Judge
Chuck Miller,Judge
Charles F. (Chuck)Campbell, Judge
Bill White,Judge
M. P. Duncan, !If, Judge
David A. Berchelmann,Jr, Judge
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1nt1
Cnmplete Nos.1-d and 6 it there are inturtsted parties. OFFICE USE ONLY
Con-o.are r;=s.1 .'....5,and 6 if there are no in!eresred peru CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number
of business. 2018-3775rU6
Loyd Gos,eknk Rot.hetie&To.tinfe:ld.P.C.
Austin,TX United Slates Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/10/2013
being filed.
City of Port Arthur Date Acknowledged:
Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
3998-00 7.10.2018
Legal service,
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (chock applicable)
Controlling I Intermediary
Thomas,ASOlLy TX United Stale-; x
i(illtsek,Lauren Austin.TX United States X
Gay, Geoffrey Austin,TX United Stale- X
Ci drop.Georgia Austin TX United Slates X
T;,.,nsend,Larnt)eth Austin,TX United States X
S Check only if there is NO Interested Party. a
6 t1NSWORN DECLARATION /
,name i., • _' • 1 anti try date of birth is '�• • 1 "71•
tya result •�:' ; - ✓1(���r�) � '�� liL T> j•••.
.Sir•-1! (city (1t3t5
I uerlaie UMW,p.n.d:y of penury that the fro=.beim' :rut;ani Lia t.
E,ecu;ed in ` i ( i‘.j C.aiirry, Slate of -' on the _day of_,1 20
,year)
Shr vu a o)authorr:ed agent of contrecrn:g I e inesc entry
Duciarwirt
Ferns provided by Teas Ethics Con':me•:aor. •,r.v.t"thicsr;tUle.tx.us Verslor V1.0.671 t
Exhibit "B"
P.R. No. 24348
05/15/2025 ht/rpc
RESOLUTION NO. ohs.2
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
CONTRACT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C.
("LLOYD GOSSELINK") FOR PROFESSIONAL LEGAL SERVICES RELATED
TO STATE OF TEXAS VS. CITY OF PORT ARTHUR, TEXAS, CAUSE NO. D-1-
GN-001285 IN THE 201sT DISTRICT COURT OF TRAVIS COUNTY, TEXAS, TO
INCREASE FUNDING IN BY $120,000, FOR A NEW TOTAL CONTRACT
AMOUNT NOT TO EXCEED $145,000; FUNDING TRANSFERRED 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. 001-05-013.6420-00-10-000 TO COVER THE INCREASED COSTS.
WHEREAS, on March 24, 2025, 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 State of Texas vs. City of Port Arthur, Texas, Cause No. D-1-GN-
25-001285 in the 201st District Court of Travis County, Texas, in an amount not to exceed $25,000; 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$120,000 is being
requested for FY 24/25 to cover the increased costs associated with the matter as delineated in Exhibit "B".
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 to cover the increased funding costs in the amount of $120,000 for a new total amount not to
exceed $145,000; 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 and are hereby
incorporated for all purposes.
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 $120,000, for a new
total amount not to exceed $145,000, in order to complete services related to State of Texas vs. City of Port
Arthur, Texas, Cause No. D-1-GN-25-001285 in the 201st District Court of Travis County, Texas.
Section 3. That the City Council hereby agrees and authorizes the budget transfer of$120,000
ih 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 FY 24/25.
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 421-Al1ay of May, 2025. AD. at a Regular Meeting
of City Council of the City of Port Arthur, Texas by the following vote:
AYC S: Mayor: dec.eir-- Pi •
Councilmembers:
—
7ilte.,2 .40,..
NOES: )1
CITY OF PORT ARTHUR:
44 hu n"Bi artie.
May
ATTEST
Sherri Be , TRMC
City Secretary
APPROVED M:
Roxann Pais Cotroneo.
City Attorney
APPROV R AILABILITY OF FUNDS:
,nda Boswell, M.A., ICMA-CM
Director of Finance
APPROVED F TION:
Ronald Burton,
City Manager
Clifton Williams, CPPB
Purchasing Manager
Exhibit "A"
CONTRACTS UNDER$2S,0OU PROCESSING FORM
DATE OFBJ8K0B8ON: �/Z4/IO�S
DEPARTMENT: City Attorney
SUBMITTED BY: Gwen Thibodeaux,Sr. Legal Assistant
PRINT NAME
SIGNATURE
CONTRACT SUMMARY
COMPANY NAME L|oydGooseiink
COMPANY ADDRESS O16 Congress Avenue, Suite 1gOO, Austin,TX 78701
Jose E. de|a Fuente
COMPANY CONTACT �
COMPANY CONTACT# (512) 322'5800
EMAIL ADDRESS: }de|a(uenteP|g\avvh,mzom
CONTRACT AMOUNT: Not To Exceed @$Z4'999.O0(Total amount)
FUNDING ACCOUNT#: PROFESSIONAL SERVICES-ACCOUNT NO.001'85'O13'54ZU'00'1O-00
SUMMARY The Attorney and his firm will provide representation for the City ofPort
Arthur in Cause No. D-1'6N'25-OO1285'State of Texas vs. City of Port Arthur
(AG WWTP Lawsuit) in the District Court of Travis County,Texas, as outlined in
the scope of work, with compensation atan hourly rate of$485.O0 per hour
for principals, S32S per hour for associates, and legal assistants at$185per
hour for litigation support specialists.
'
'
Finance Director
Signat re-Approved mxtofunds.
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
SUBMITTED TO PURCHASING
w wan
AIN
816 Congress Avenue,Suite 1900
Lloyd Austin,Texas 78701 Gosselink512.322 5800 ID
Aga
512. 72.05 z t
lglawfirm.corn
uF aa�e. Al'TC3R\El" S AT LAti%'
Mr.de la Fuente's Direct Line:(512)322-5849
Email: jdclafuentelaolglawfirm.com
March 21, 2025
City of Port Arthur VIA EMAIL
Attn: Roxann Cotroneo, City Attorney
444 4th Street
Port Arthur, TX 77640
roxann.cotroneo@portarthurtx.gov
t.e: Supplement to Engagement Letter- City of Port Arthur/AG WWTP Lawsuit;
Billing File Number: 3998-3
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 defending the City against a
lawsuit from the AG's office regarding unauthorized discharges from three wastewater treatment
plants(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 $485 per hour for principals, $325 per hour for associates, and legal assistants and
$185 per hour for 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 1 will be working on the Matter.
You may call, write, or e-mail me whenever you have any questions about the Representation.
Other firm personnel, including firm lawyers and paralegals,will participate in the Representation
if, in our judgment, their participation is necessary or s+ opriate.
Lloyd Gosseink Rochelle&Townsend PC
City of Port Arthur
March 21, 2025
Page 2
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.
City of Port Arthur
March 21, 2025
Page 3
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 Gosselin uRochelle & 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
engagement, please sign in the space provided below and return a scanned copy of the executed
Supplement to Engagement Letter.
Sincerely,
.psi Jose E. de la Fuente
Jose E. de la Fuente
JET bnm
Enclosure
CITY OF PORT ARTHUR
Ronald Burto
City Ma
Roxann Pais Cotroneo
City Attorney
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\slues 1 i/enu. Cit' \ti nte I la email.. YIIl.ti:o liportal-awry, ov
(`it) of Port \rthlll'
I'.C). 11o l08Y
Pon .\rthm, Texas 77(>l
Re: I•vivemcnt Letter
General I nlplo\ment I .Iw Counseling
Billings 1 ile Numlxr: 39118-1M
Dear !GIs. I izcno:
a want t0 express OW appreciation for the t>pporttllllt) you ha%e `w en our 'inn lu work
with )ou. 1s part of our routine in opening new files. and in part to eompl) with the pro%isions
of Texas Local Government Code Chapter 176. we provide clients vith an engagement letter.
[he purpose of this letter is to set forth our understanding of the legal services to be performed
h‘ us for this engagement and the basis upon which we will be paid for those scr‘ices. This
letter confirms that 110)d Gossclink Rochelle row nsend. P.C', ("Lloyd Gosselink") will
r.piesent the Cit) of fort \rthuf AN ith re\pcet to general entplo)ment law ratters ("the `tatter").
fur acceptance of this representation (the "Representation") becomes el1'ccti%c upon our receipt
of an executed copy of this agreement.
Terms of Engagement
Representation. ( ertain of those
I III: letter sets out the terms of our eI1L:.gellle111 in the p
terms are included in the hod) of this leiter. :md additional terms are contained in the attached
document. entitled .lilrlirfon%ll Torras% / 1•:ngugemen!. d.ttcd August 27. 21113. That document is
express!) incorporated into this letter. and it should be read carefully. 1 he execution and return
of the enclosed cop) of this letter constitutes an agreement to all the tool~ set forth in this letter
and in the attached.1(1 litiuuo/ l erm% Ill Fn 'art roes;lr.
It is understood and agreed that Irur engagement is limited to the Representation, and our
acceptance of this cnga 'emcnt does not imply an) undertaking to pro%ide legal Bern ices other
than those set forth in this letter.
Personnel Who Will Be NI(irking on the Matter
I will he the attorne) in charge of the Representation. and I k%ill he working on the
\latter. \1) associate. \;hle> Thomas:. will also be working on the platter. You ma) contact me
or \Is. Ihomas whcne'er you have an) questions about the Representation. Other firm
personnel. in:luding firm lawyers and paralegals, will participate in the Representation if, in our
judgment. their participation is neeessar) or appropriate.
1 ,h►yt I t is 15`1t'Iink IZt u 1 icik• tv T wt ISCi Icl, I'.('.
July It). 201X
Page
Legal Fees and Other Charges
Our tees in the Mauer will be based on the time spent by lirm personnel, primarily firm
lawyers or paralegals, who participate in the Representation. 1'4 e will charge in increments of
tenths of an hour. We charge for time spent in safe ities including hut not limited to the
following: telephone and office conferences regarding the Matter, factual investigation. legal
research: file management; responding to request from you that we provide information to you
or your auditors: drafting ctnrespondenec and other d.+euments;and tea'el. if needed.
I enal fees and costs are difficult to estimate. Please be assured that we w ill make ec cry
effort to manage fees and costs by working efficiently and cost-eff.:etively.
\It current rate is$325.00 per hour, and homas's current rate is 250.00 per hour.
t tiller lawyers. paralegals and other personnel may he assigned as necessary to achieve proper
staffing. In order to keep fees down. we utilize briefing clerks, paralegals and other support
personnel to perlut rn those tasks not requiring the time of an attorney. I he foregoing: rates may
he adjusted annually and. it so. will be noted on your hill. We will submit all out-of-pocket
eve eases inemred for reimbursement on the ire oiee.c.vicept that Ice may request you pay directly
to the pro\litter unusually large outside costs. such as esperts and consultants.
Invoices
We gill send you a confidential statement on a monthly basis. usually by the 20th of the
f011owing month_ The bilk will pros ide. in full detail, a description of all Mork that has been
performed. the charge for each day"s work, all incurred e\pcnscs. and en account balance. \\e
will also send a remittance page summarizing only fees and costs. so that you can keep the
details of sery ices rendered confidential from your accounts payable personnel. Full pay meat is
due on receipt of the statement.
Conflicts of Interest
Before accepting the Representation. we have undertaken reasonable and eustonrtly
efforts to deternline whether there are any potential conflicts of interest that would bar our firm
from representing you in the Matter. .Additionally. in compliance with ( hapter 176 of the Local
(,overnment node t2007). we hate performed an internal conflicts of interest inquiry. !lased on
the information :mailable to us, and in accordance with the rules col professional responsibility
adopted in 'texas. we are not aware of any.potential disqualification.
(:tmclusion
[his letter and the attached .lrlclitional Tcrnic at EngagcIntof constitute the entire terms
of the engagement of Lloyd (losselink Rochelle& Tow usend. P.C. in the Representation. I hese
written terms of engagement are not subject to any oral aggreenrertt, or understandings. end thee.
can be modified only by further written agreement signed both by you and I loyd (fees-clink
Rochelle& Townsend, P.C. t:mess expressly stated in these terms of engagement, no obligation
or undertaking shall be implied on the part of either you or Lloyd Go;sselink Rochelle &
Townsend. l'C.
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Please careful}v re%icvv this document. which includes this letter and the attached
JJiiioui,f T c'i`ttl ti t1j 1'./tw;tagt7ii m It 1 ou ha t; an) questions about these terms of engauement.
or if these terms are inaccurate in an way. please let me knoNs imtnediatel). li:,cceptahle, we
would appreciate you printing out. signing and returning this document by cmad, regular mail or
facsimile.
Again, ',‘c arc honored by the opportunitti to work xrith you.
Sincerely.
I r
4 � t
Sheila t iladsTone
SI3G;aI
Attachment
Siam.ark) .lacC113 Ci 416
rc
}
Printed
LkAj L.,04__C -P IS _
Date
Additional Terms of Engagement
1 his supplement to our engagement letter sets out additional terms of our agreement to provide the
representation described in our engagement. Because those additional terms of engagement are a pan of our
agreement to provide legal services,you should review them carefully and should promptly communicate to us any
questions concerning this document. We suggest that you retain this statement of additional terms along with our
engagement letter and any related documents.
The Scope of the Representation
As lawyers, we un.iertake to provide representation and advice on the legal matters for whieh we are
engaged.It is important for our clients to have a clear understanding of the legal services that we have agreed to
provide.Thus,'tithes arc any questions about the scope of the Representation that we are to provide in the Matter,
please raise those questions promptly,so that we may resolve them at the outset of the Representation.
Any expressions on our part concerning the outcome of the Representation,or any other legal matters,are
based on our professional judgment and are not guarantees.Such expressions,even when described as opinions,arc
necessarily limited by our knowledge of the facts and arc based on our views of the state of the law at the time they
are expressed.
Upon accepting this engagement on your behalf,Lloyd Gosselink Rochelle&1 ownsend,P.C.agrees to do
the following:(I)provide legal counsel in accordance with these terms of engagement and the related engagement
letter,and in reliance upon information and guidance provided by you;and(2)keep you reasonably informed about
the status and progress of the Representation.
To enable us to provide effective representation,you agree to do the following:(1)disclose to us,fully and
accurately and on a timely basis,all facts and documents that are or might be material or that we may requcat, (2)
kelp us apprised on a timely basis of all developments relating to the Representation that are or might be material,
(3)attend meetings,conferences,and other proceedings when it is reasonable to do so,and(4)otherwise cooperate
fully with us.
Our firm has been engaged to provide legal services in connection with the Representation in the Matter,as
specifically defined in our engagement letter. After completion of the Representation in the Matter, changes may
occur in the applicable laws or regulations that could affect your future rights and liabilities in regard to the Matter.
Unless we arc actually engaged after the completion of the Representation to provide additional advice on such
issues,the firm has no continuing obligation to give advice with respect to any future legal developments that may
pertain to the Matter.
It is our policy and your agreement that the person or entity that we represent is the one identified in our
engagement letter,and that our attorney-client relationship does not include any related persons,employees of the
client,or related entities,
Who Will Provide the Legal Services
As our engagement letter confirms,Lloyd Gosselink Rochelle&Townsend,P.C.will represent you in the
Matter.Lloyd Gosselink Rochelle&Townsend,P.C.is a Texas professional corporation.
Although our firm wilt be providing legal services,each client of the firm customarily has a relationship
principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the
Representation,or parts of it,may be performed by other firm personnel, including lawyers and paralegals. Such
delegation may be for the purpose of involving other firm personnel with experience in a given area or for the
purpose of providing services on an efficient and timely basis.
Faye I
August 27,201.1
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Communication and Confidentiality
In keeping with technological advai.cerrents and the corresponding demands of clients,it is the practice of
the firm to use electronic(email)correspondence from time to time to communicate and to transmit documents. As
sut.h,the possibility exists that electronic transmissions could be intercepted or otherevisc received by third parties
and lose their privileged nature if the method of uomnrunication is ruled to lack sufficient confidentiality.As with
any correspondence regarding legal representation,regardless of the manner of transmission,we urge you to use
caution in its dissemination in order to protect its confidentiality. By signing below, you agree that we may use
entail in the scope of the Representation.
We recognize our obligation to preserve the confidentiality of attorney-client communications as well as
the client confidences, as required by the governing rules of professional responsibility. if the Matter involves
transactions, litigation or administrative proceedings or like proceedings in which our firm appears as counsel of
record for you in publicly available records,we reserve the right to inform others of the fact of our representation of
you in the Matter and(if likewise reflected or record in publicly available records)the results obtained unless you
specifically direct otherwise.
Periodically,the firm is asked to provide a Representative Client List to prospective clients and in various
legal directories(e.g.,Martindale Hubbell and the Texas Legal Directory).Unless you advise us to the contrary,we
may disclose to third parties the fact that our firm represents you.Lloyd Gosselink is not requesting authorization to
disclose any privileged information obtained during its representation.
Disclaimer
Lloyd Gosselink Rochelle & Townsend. P.C. has made no promises or guarantees to you about the
out..o ne of the Representation of the Matter,and nothing in our engagement linter or these terms of engagement
shall be construed as such a promi:c or guarantee.
Termination
At any time,you may,with or without cause,terminate the Representation by notifying us in writing of
your intention to do so. Any sach termination of sc^viccs will not affect the obligation to pay for legal services
rendered and expenses and charges incurred before termination,as well as additional services and charges incurred
in connection with an orderly transition of the Matter.
We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice.
There are several types of conduct or circumstances that could result in our withdrawing from representing a client,
including, for example, the following: non-payment of fees or charges; misrepresentation or failure to disclose
material facts; fraudulent or criminal conduct;action contrary to cur advice, and conflict of interest with another
client. We try to identify in advance and discuss with our clients any situation that may lead to our withdrawal.
A failure by you to meet any obligations under these terms of engagement shall entitle Lloyd Gosselink
Rochelle & Townsend, P.C. to terminate the Representation. In that event, you will take all steps neerteary to
release Lloyd Gosselink Rochelle&Townsend,P.C.of any further obligations in the Representation or the Matter,
including without limitation the execution of any documents necessary to effectuate our withdrawal from the
Reprer.entaticn or the Matter. The right of Llcyd Gosselink Rochelle & Townsend, P.C. to withdraw in such
circumstances is in addition to any rights created by statute or recognized by the governing rules of professional
tier engagement letter specifically explains our fees for services in the Matter. We wilt bill on a regular
oasis,normally each month,for fees and expense;and charges.It is agreed that you will make full payment within
thirty(30)days of receiving our statement.We may give notice if an account becomes delinquent,and it is further
agreed that any delinquent account must be paid upon the giving of such notice. If the delinquency continues and
Page 2
,iugvs•27,2G13
you do not arrange satisfactory payment terms, we may withdraw from the Representation. However, any
termination by either party may he subject to,or controlled by,orders of a court.
Document Retention
Upon completion of our work on this matter, it is our firm's policy that your original documents(e.g.,
permits,licenses,deeds,wills,etc.)and other client property be returned within a reasonable period of time. As to
any documents so returned, we may eke, to keep a copy of the documents in our stored files. Our own files,
including lawyer work product pertaining to the matter,will be retained by the firm.These firm files include firm
administrative records,time and expense reports,billing and accounting records,and internal work product.internal
work product includes drafts,notes,internal communications(in both paper and electronic mediums),and legal and
factual research prepared for the internal use of our firm's lawyers. All documents retained by the firm will be
transferred to the person responsible for administerirg our records retention program,For various reasons,including
the minimization of unnecessary storage expenses,we reserve the right to destroy or otherwise dispose of any such
documents or other materials retained by us after the completion of our work without additional notice,
Charges for Expenses and Services
Our invoices will include amounts for legal services rendered and for other expenses and services,
Examples of other expenses and services include charges for photocopying, travel and conference expenses,
messenger deliveries,computerized research, and other electronic transmissions or filings In addition,we reserve
the right to send to you for direct payment any invoices delivered to us by others,including expert and any vendors.
Rates for our legal services,expenses and charges arc subject to change from time to time and will be noted
on your bill,In some situations,we can arrange for such services and expenses to be provided by third parties billed
through our billings or by direct billing to the client
Standards of Professionalism and Attorney Complaint Information
Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas,we are to advise our
clients to the contents of the Texas Lawyer's Creed,a copy of which is attached,In addition,we are to advise clients
that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys
licensed in'resat,A brochure entitled Attorney Complaint information is available in our office in Austin and is
likewise available upon request.A client that has any questions about the State Bans disciplinary process should call
the Office of the General Counsel of the State Bar of Texas at I-800.932-1900 toll free.
Addiiienat Tonis of t.ita r..cat I 7 dnc
Page 3
August 27.2013
THE TEXAS LAWYER'S CREED
A Mandate for Professionalism
Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989
I am a lawyer, I am entrusted by the People of Texas to preserve and improve our legal system.I am
licensed by the Supreme Court of Texas I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct,but I know that Professionalism requires more than merely avoiding the violation of
laws and rules I am committed to this Creed for no other reason than it is right.
I, OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity,integnty and independence A lawyer
should always adhere to the highest principles of professionalism.
1. I am passionately proud of my profession. Therefore,"My word is my bond"
2. I am responsible to assure that all persons have access to competent representation
regardless of wealth or position in life
3. I commit myself to an adequate and effective pro bono program.
4 I am obligated to educate my clients,the public,and other lawyers regarding the spirit and
letter of this Creed.
5. I will always be conscio:s of my duty to the judicial system.
II.LAWYER TO CLIENT
A lawyer owes to a client allegiance, learning, skill,and industry.A lawyer shall employ all appropriate
means to protect and advance the client's legitimate rights,claims,and objectives.A lawyer shall not be
deterred by any real or imagined fear of Judicial disfavor or public unpopularity, nor be influenced by mere
self-interest.
1. I will advise my client of the contents of this Creed when undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation
as quickly and economically as possible.
3 I will be loyal and committed to my client's lawful objectives, but l will not permit that loyalty
and commitment to interfere with my duty to provide objective and independent advice.
4 I will advise my client that civility and courtesy are expected and are not a sign of
weakness.
5. I will advise my client of proper and expected behavior.
6 I will treat adverse parties and witnesses with fairness and due consideration A client has
no right to demand that I abuse anyone or indulge in any offensive conduct
4 7. I will advise my client:hat we will not pursue conduct which is intended primarily to harass
or drain the financial resources of the opposing party
8 I will advise my client that we will riot pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
t0. I will advise my client that I reserve the right to determine whether to grant
accommodations to opposing counse;in al matters that do not adversely affect my client's
lawful objectives.A client has no right to instruct me to refuse reasonable requests made
by other counsel,
11. I will advise my client regarding tre availability of mediation, arbitration, and other
alternative methods of resolving and settling disputes
I
Ill.LAWYER TO LAWYER
A lawyer owes to opposing counsel,in the conduct of legal transactions and the pursuit of litigation,
courtesy,candor,cooperation,and scrupulous observance of all agreements and mutual understandings.
Ill feelings between clients shall not influence a lawyer's conduct,attitude,or demeanor toward opposing
� counsel A lawyer shall not engage m unprofessional conduct.' retaliation auaii""other~~.~.~~~. .~
conduct.
1. |will bpoouneoux.civil,and prompt m oral and written communications
%. |w|U not quarrel over maMensnf form o/a��.but|v�Uoonnwn\m�nnme�eouf
substance.
1 1 will identify for other counsel or pates all changes I have made in documents submitted
for review.
4 1 will attempt documents which correctly reflec the agreement ofthe
will not ind�udeprovisions which have not been agreed upon or omit provisions which are
necessary\o reflect the agreement of the parties
. 5 notify1 will opposing counsel,and, /f appropriate,the Court or other persons,as soon aa
U practicable,when hearings,depositions,meetings,conferences or closings are cancelled.
G 1 will agree to reasonable req,.ests for extensions of time and for waiver of procedural
formalities, provided legitimate objectives of my client will not be adversely affected.
7 1 will not serve motions or pleadings in any manner that unfairly limits another party's
opportunity to respond
0 1 will attempt to resolve by agreement my objections to matters contained in pleadings and
discovery requests and responses.
9 |can disagree without being disagreeable.|recognizethat effective representation does
not require antagonistic or obnoxious behavior.I will neither encourage nor knowingly
permit my client or anyone under my control to do anything which would be unethical of
improper if done Uyme.
1U� }will not,without good cause,attribute bad motives o/unethical conduct to opposing
counsel nor bhng the profession|n\odisepo!ebyunfounded aouuoadunonf impropriety. |
will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and
� witnesses. |will not he influenced by any iU feeling between clients,|will abstain from any
allusion 0o personal peculiarities c«idiosyncrasies oY opposing counsel,
11 \will not take advantage,hy causing any default or dismissal unbe rendered,when|know
the identity ofen opposing counsel,without fixstinquiring about that counsel's intention to
proceed.
12, 1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or
contemporaneously with submission to the court,I will promptly approve the form of orders
which accurately reflect the substance cd the rulings of the Court,
13, 1 will not attempt Vz gain on unfair advantage by sending the Court o,its staff
correspondence or copies o(correspondence.
14. 1 will not arbitraily scliedule a deposition,Court appearance.or hearing until a good%ith
effort has been made$o schedule|xbyagreement.
15 1 will readily stipulate to undisputed facts in order to avoid needless Costs or inconvenience
for any party
16. I will refrain from excessive and abusive discovery
17 I will comply with all reasonable discovery requests I will riot resist discovery requests
which are not objectionable. I will not make objections nor give instructions to a witness for
the purpose of delaying cr obstructing the discovery process. I will encourage witnesses to
respond to all deposition questions which are reasonably understandable. I will neither
encourage nor permit my witness to quibble about words where their meaning is
reasonably clear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my client's
lawful objectives or is fully justified by the circumstances
IV.LAWYER AND JUDGE
Lawyers and judges owe each other respect,diligence,candor,punctuality,and protection against unjust
and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and
independence of the Court and the profession.
I will always recognize that the position of judge is the symbol of both the judicial system
and administration of justice. I will refrain from conduct that degrades this symbol.
2. 1 will conduct myself in court in a professional manner and demonstrate my respect for the
Court and the law.
3. I will treat counsel,opposing parties,witnesses, the Court,and members of the Court staff
with courtesy and civility and will not manifest by words or conduct bias or prejudice based
on race,color,national origin,religion,disability,age,sex,or sexual orientation,
4 t will be punctual.
5 I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent,mischaracterize,misquote or miscite facts or authorities
to gain an advantage.
7 I will respect the rulings of the Court.
8 I will give the issues in controversy deliberate,impartial and studied analysis and
consideration.
9 I will be considerate of the time constraints and pressures imposed upon the Court.Court
staff and counsel in efforts to administer justice and resolve disputes.
Order of the Supreme Court of Texas and the Court of Criminal Appeals
The conduct of a lawyer should be characterized at all times by honesty,candor,and fairness. In fulfilling
his or her primary duty to a client,a lawyer must be ever mindful of the profession's broader duty to the
legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in
our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country.We
believe such tactics are a disservice to our citizens,harmful to clients,and demeaning to our profession.
The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does
not serve justice but tends to delay and often deny justice.The lawyers who use abusive tactics,instead of
being part of the solution,have become part of the problem.
The desire for respect and confidence by lawyers from the public should provide the members of our
profession with the necessary incentive to attain the highest degree of ethical and professional conduct
ks
w • :a
' • . „
- • ' ".f . '„•
These rules are primary aspirational Compliance with the rules depends primarily upon understanding
and voluntary compliance,secondarily upon reenforc.ement by peer pressure and public opinion,and
finally when necessary by enforcement by the courts through their inherent powers and rules already in
existence.
These standards are not a set of rules that lawyers can use and abuse to incite ancillary litigation or
arguments over whether or not they have been observed.
We must always be mindful that the practice of law is a profession.As members of a learned art we pursue
a common calling in the spirit of public service We have a proud tradition.Throughout the history of our
nation, the members of our citizenry have looked to the ranks of our profession for leadership and
guidance Let us now as a profession each rededicate ourselves to practice law so we can restore public
confidence in our profession, faithfully serve our dents,and fulfill our responsibility to the legal system.
Tne Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt"The Texas
Lawyer's Creed—A Mandate for Professionalism"described above
In Chambers, this 7th day of November, 1989.
The Supreme Court of Texas
Thomas R Phillips,Chief Justice
Franklin S.Spears,Justice
C. L. Ray,Justice
Raul A. Gonzalez,Justice
Oscar H.Mauzy,Justice
Eugene A.Cook, Justice
Jack Hightower,Justice
Nathan L. Hecht, Justice
Lloyd A. Doggett,Justice
The Court of Criminal Appeals
Michael J. McCormick,Presiding Judge
W.C. Davis,Judge
Sam Houston Clinton,Judge
Marvin 0,Teague,Judge
Chuck Miller,Judge
Charles F. (Chuck)Campbell,Judge
Bill White,Judge
M. P. Duncan, Ill,Judge
David A Berchelmann,Jr,Judge
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
10, 1
complete Ito• 1 a ant 'i ti there are tnteu a red paruer. OFFICE USE ONLY
Cemptete r.,s 1 .5 and 6 if time are re,.n'':re t'ed Pars CERTIFICATION OF FILING
1 Name of business entity tiling form,and the city,state and country of the business entity's place Certificate Number.
of business- 201E-3:75'l'
L'o}ti Gas Roefiette P C.
Austin.TX United St.ttdS Date Filed:
2 Name of governmental entity or state agency that is a party to the rontract for which the form is 07t1072713
being filed.
City of Port Mimi
Date Acknowledged;
Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services.goods,or other property to be provided under the contract.
3998.00 7.10 2011
Legal service;
Nature of interest
t Name of interested Party City,State,Country(place of business) (chock applicable)
Controlling 1 intermediary
1'ior'as,As t c.v r‘itStin,TX United Stale-, X
italtsek Lauren Austin. TX Bided States X
Gay.Geoffre-y Austin,TX United Stale- X
Gtut,p.Geeru a Atlst.ii TX United States X
T.w°rrnsen9,L i'nt f.tti Au'•:n TX UnrtLcf St:tea X
•
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S Check onty if there is NO interested Party
6 liNSWORN DECLARATION
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't name ny date of birth is 1 It
My address re }' t i i 1 - ram/ ,-I1,
r (storkill tatyt :stir gt4+et•dct Kalarya
I Uerfae tract tc«n: ty of petitsry that Ms Vet going c;trut::uvt correct.
E.ecuted in t J c t txi,, State of # - on the , _day of f 20 ?•_
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Exhibit "B"
Lloyd 816 Congress Avenue,Suite 1900
Austin,texas 78701
Gosselink 512.322.5800
� 51
2 472 a�z.0s31+
libita .\ I T O it S .\ r 1.n V. Iglawtirm.corn
Mr.de la Fuente's Direct Line:(512)322-5849
Email: jdelafuente@lglawfum.com
May 15,2025
Via email: roxann.cotronejortarthurtx.gov
City of Port Arthur
Attn: Roxann Cotroneo, City Attorney
444 4th Street
Port Arthur, TX 77640
Re: Second Supplement to Engagement Letter — City of Port Arthur / AG WWTP
Lawsuit;
Billing File Number: 3998-3
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 Second Supplement to our original
Engagement Letter and earlier [March 21, 2025] Supplement to Engagement Letter is to
memorialize the City's agreement to modify this engagement to authorize additional legal and
consulting fees not to exceed an additional$120,000 of attorney's and/or consultant's fees between
the date of this letter and September 30, 2025, and to set forth our understanding of the legal
services to be performed by us thereunder. This letter confirms that Lloyd Gosselink Rochelle &
Townsend, P.C. ("Lloyd Gosselink") will represent City of Port Arthur with respect to the matter
regarding defending the City against a lawsuit from the AG's office regarding unauthorized
discharges from three wastewater treatment plants(the"Matter"). This letter further confirms that
Lloyd Gosselink may engage consultants on the City's behalf to assist with the Matter, subject to
the terms of the letter agreements between Lloyd Gosselink and the City. 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 $485 per hour for principals, $325 per hour for associates, and legal assistants and
$185 per hour for litigation support specialists. Our prior terms of engagement limited the total
amount of fees that may be incurred under this engagement at a level not to exceed$25,000,subject
to later amendment and increase. By this amendment and increase, fees in addition to that
previously authorized amount are authorized in an amount not to exceed$120,000 up to September
30, 2025. It is understood and agreed that our engagement is limited to the Representation, and
..ioyd Gosselink Rochelle&Townsend.PC
I
May 15, 2025
Page 2
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.
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.
a_s.
May 15,2025
Page 3
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
engagement, please sign in the space provided below and return a scanned copy of the executed
Second Supplement to Engagement Letter.
Sincerely,
'4: /s/Jose E. de la Fuente
Jose E. de la Fuente
JEF;'cad
CITY OF PORT ARTHUR
Roxann Cotroneo
City Attorney
to- ' . Ys � 4
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Exhibit "C"
Lloyd 816 Congress Avenue,Suite 1900
Austin,Texas 78701
Gosselinl 512.472.0532 p
512. 2. 532 f
w:.2ATTORNEYS AT LAW lglawfum.com
Mr.de la Fuente's Direct Line:(512)322-5849
Email:jdelafuente®lglawfirm.com
July 7,2026
Via email: roxann.cotroneo@portarthurbc.gov
City of Port Arthur
Attn:Roxann Cotroneo,City Attorney
444 4th Street
Port Arthur,TX 77640
Re: Third Supplement to Engagement Letter — City of Port Arthur / AG WWTP
Lawsuit;
Billing File Number:3998-3
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 Third Supplement to our original
Engagement Letter and earlier [March 21, 2025] Supplement to Engagement Letter is to
memorialize the City's agreement to modify this engagement to authorize additional legal and
consulting fees not to exceed an additional$100,000 of attorney's and/or consultant's fees between
the date of this letter and September 30, 2027, and to set forth our understanding of the legal
services to be performed by us thereunder. This letter confirms that Lloyd Gosselink Rochelle&
Townsend,P.C.("Lloyd Gosselink")will represent City of Port Arthur with respect to the matter
regarding defending the City against a lawsuit from the AG's office regarding unauthorized
discharges from three wastewater treatment plants(the"Matter"). This letter further confirms that
Lloyd Gosselink may engage consultants on the City's behalf to assist with the Matter,subject to
the terms of the letter agreements between Lloyd Gosselink and the City. 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$485 per hour for principals,$325 per hour for associates,and legal assistants and
$185 per hour for litigation support specialists. Our prior terms of engagement limited the total
amount of fees that may be incurred under this engagement at a level not to exceed$25,000,subject
to later amendment and increase. By this amendment and increase, fees in addition to that
previously authorized amount are authorized in an amount not to exceed $100,000 up to
September 30, 2027. It is understood and agreed that our engagement is limited to the
Lloyd Gosselink Rochelle 8 Townsend,PC
July 7,2026
Page 2
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 WM 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.
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.
July 7,2026
Page 3
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
engagement,please sign in the space provided below and return a scanned copy of the executed
Third Supplement to Engagement Letter.
Sincerely,
Is/Jose E. de la Fuente
Jose E.de la Fuente
JEF/cad
CITY OF PORT ARTHUR
Ronald Burton
City Manager
Roxann Cotroneo
City Attorney