ORDINANCE NO. 220683

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Approving and authorizing settlements of Disputed Natural Gas February 2021 Invoices with Symmetry Energy Solutions, LLC in the amounts of $586,376.09 for the Water Services Department and $824,385.71 for the Aviation Department; authorizing the City Attorney to execute a Settlement Agreement with Symmetry; authorizing the City Attorney to execute a $50,000.00 sole source contract amendment for a total contract amount of $150,000.00 with Smithyman & Zakoura, Chartered; and authorizing the City Attorney to assign the legal services contract with Smithyman & Zakoura to Foulston Siefkin LLP and execute a new contract.

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WHEREAS, Smithyman & Zakoura, Chartered ("the Firm") has a long standing specialty practice area in the natural gas and pipeline industry; and

WHEREAS, the Firm represents end users of natural gas and electric energy and does not represent either natural gas marketers or natural gas transportation pipelines (e.g. Southern Star Pipeline) or natural distribution delivery pipelines (e.g. Spire.); and

WHEREAS, the City has previously entered a sole source contract with the Firm in the amount of $100,000.00; and

WHEREAS, the Firm has represented the City in negotiations with Symmetry Energy Solutions, LLC ("Symmetry") and has advised the City on the issuance of a new RFP for natural gas and natural gas transportation services; and

WHEREAS, the City needs to amend the contract in the amount of $50,000.00 so the Firm can complete legal representation of the City for the Symmetry settlement and to continue to advise the City on its re-solicitation of natural gas and natural gas transportation services; and

WHEREAS, effective August 1, 2022, all attorneys of Smithyman & Zakoura will become members of the Foulston Siefkin LLP; and

WHEREAS, this will necessitate the City Attorney to the assign the contract from Smithyman & Zakoura and execute a new contract with Foulston ...

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