STRATEGIC PRIORITY: Government Performance and Financial Management
AGENDA DATE: May 13, 2020
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney’s Office
EXECUTIVE: Christopher J. Caso
______________________________________________________________________
SUBJECT
title
Authorize Supplemental Agreement No. 6 to the professional services contract with Moses, Palmer & Howell, L.L.P., for final payment of legal services rendered in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443 - Not to exceed $11,000.00, from $1,175,000.00 to $1,186,000.00 - Financing: Risk Management Funds
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BACKGROUND
Supplemental Agreement No. 6 will authorize final payment to Moses, Palmer & Howell, L.L.P., for legal services rendered in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443. Upon final payment, the contract with Moses, Palmer & Howell, L.L.P. will be terminated.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 19, 2013, City Council authorized Supplemental Agreement No. 1 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal advice regarding laws pertaining to mineral rights and potential litigation by Resolution No. 13-1036.
City Council was briefed by memorandum regarding this matter on November 9, 2018.
On November 14, 2018, City Council authorized Supplemental Agreement No. 2 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 18-1585.
City Council was briefed by memorandum regarding this matter on April 5, 2019.
On April 10, 2019, City Council authorized Supplemental Agreement No. 3 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 19-0487.
City Council was briefed by memorandum regarding this matter on November 8, 2019.
On November 13, 2019, City Council authorized Supplemental Agreement No. 4 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 19-1747.
City Council was briefed by memorandum regarding this matter on February 7, 2020.
On February 12, 2020, City Council authorized Supplemental Agreement No. 5 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 20-0256.
City Council will be briefed by memorandum regarding this matter on May 8, 2020.
FISCAL INFORMATION
Fund |
FY 2020 |
FY 2021 |
Future Years |
Risk Management Funds |
$11,000.00 |
$0.00 |
$0.00 |
Original Contract $ 50,000.00
Supplemental Agreement No. 1 $ 150,000.00
Supplemental Agreement No. 2 $ 100,000.00
Supplemental Agreement No. 3 $ 275,000.00
Supplemental Agreement No. 4 $ 300,000.00
Supplemental Agreement No. 5 $ 300,000.00
Supplemental Agreement No. 6 (this action) $ 11,000.00
Total $1,186,000.00