After requesting proposals from 25 local law firms, The Woodlands Township Executive Committee recommended hiring separate attorneys to handle labor law and covenants, parks and general issues.
But the five member committee stopped short of suggesting a bond disclosure counsel because of a wide disparity in fees and the complexity of the task at hand.
“The reason this is important right now is that after Jan. 1, we had several different attorneys working in all areas,” said Nelda Luce Blair, chairwman of the township board and its exec utive committee. “Now we are working as one entity.”
After reviewing seven proposals, the executive committee will recommend The Strong Firm to handle covenant administration, parks and pathways and general issues for the township. The firm is led by Bret Strong, who is working with the township on the transfer of assets and contracts.
The four-member firm offered the township a 25 percent discount on rates if they signed a three year contract. In addition, the firm donated more than $20,000 to sponsor events in the community annually.
Based on a complex matrix, which included clients, experience, size, price, affiliations and other factors, The Strong Firm also was the top selection among staff.
For labor law, the executive committee recommended the law firm of Winstead, a national firm with offices in The Woodlands. The firm represented The Woodlands Fire Department in a federal lawsuit in 2007 and is one of the largest firms in Texas, with 250 attorneys. The firm offered a flat rate of $350 an hour for all its services. It, too, was the top selection among staff.
Bruce Tough, an executive committee member and chairman of The Woodlands Fire Department board, said a labor attorney will be critical this year as the township negotiates a labor agreements with its firefighters.
The full township board will vote on the two contracts at its Feb. 24 meeting.
The two attorneys will serve alongside Mike Page, who is the township board attorney and bond counsel. The contracts allow the township to hire additional outside counsel for specific cases.
With the upcoming sale of $34.4 million in bonds, the township also reviewed attorneys to serve as bond disclosure counsel. As a government, tax-exempt entity, the township is subject to anti-fraud provisions and must provide full and fair disclosure of any risk and the income stream for the bonds.
Four firms are vying for the contract and submit bids ranging from $7,500 to $48,000.
Because the township is a new entity and a complex special district, township attorney Mike Page said the bids may not reflect the complexity of the work that may be required.
By awarding to a low bidder, the township faces the danger of the firm coming back for more money or not doing an adequate job in finding the necessary disclosures.
On the other hand, a firm may be offering a low price to get their foot in the door for a new government client, Blair said.
“We are dealing with federal securities law and the townships exposure under security law,” Page said. “You don’t want to mess with that. The exposure comes back to us.”
The executive committee declined to provide a recommendation on bond counsel, instead asking Page to review the proposal submitted by the law firms. The staff recommended Bracewell & Giuliana as the low bidder after it found each firm was superior on service in this area.
The issue will be decided by the full board at its Feb. 24 meeting.
“I am uncomfortable, you generally don’t pick a law firm on the price,” Blair said.
The township is preparing to sell its first property-tax backed bonds in March or April. The $34.4 million will be used to build new fire stations, fund new parks and existing park improvement and refinance debt. Voters approved the sale of about $50 million in debt in November.
Attorneys for The Woodlands Township
The Woodlands Township executive committee recommended hiring two law firms to represent the township on labor law and covenants and parks issues. They will join Township Attorney Mike Page. Following are the firms that will be presented to the township board at its Feb. 24 meeting for approval.
The Strong Firm, The Woodlands
• Would handle covenants, parks and general issues
• Fees range from $110 to $228 an hour, with a 25 percent discount for a three year contract.
Winstead, The Woodlands
• Would handle employment and labor law.
• Fee is $350 an hour for all services
Four firms are vying for bond disclosure counsel. They include:
• Andrews Kurth, $17,500
• Bracewell and Giuliana, $7,500
• Fulbright & Jaworski, $16,100
• McCall, Parkhurst & Horton, $48,000
Source: The Woodlands Township





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