HomeMy WebLinkAboutC2008-377 - 10/14/2008 - Approved
LEGAL SERVICES AGREEMENT
This agreement made effective October 1, 2008 between the City of Corpus
Christi, Texas hereinafter referred to as "City," and The Law Offices of Mark
Zeppa, PC of Austin, Texas, hereinafter referred to as "Attorney":
WHEREAS, City owns, operates or is constructing one or more public
drinking water/sewer systems through which City provides wholesale and
retail public water/sewer utility service to the consuming public.
WHEREAS, City has raised its wholesale water rates and said rate
increase has been appealed to the Texas Commission on Environmental
Quality (TCEO).
WHEREAS, Attorney agrees to perform all customary legal services
necessary to represent and defend City in said wholesale rate appeal.
WITNESSETH:
That for and in consideration of the mutual covenants and promises between the
parties hereto, it is hereby agreed:
SECTION A -LEGAL SERVICES
That the Attorney will perform such services as are necessary to accomplish the
above recited objectives including, but not limited to, the following:
1. Advise City and its management on the laws, policies and regulations
governing appeals of wholesale water or sewer rates. This will include requested
appearances before the City Council or other City board or commission.
2. Appear as counsel of record for City in all proceedings at the TCEO
and/or the State Office of Administrative Hearings (SOAR) and represent City in
all such litigation.
3. Perform any additional legal or consulting services requested by City
within Attorney's areas of professional expertise.
SECTION B -COMPENSATION
1. City will pay to the Attorney for professional services rendered in
2008-377 ierewith, fees as follows:
10/14/08
M2008-266 Page 1 of 4
Law Off-ces of Mark Zeppa, PC
Attorney shall be paid according to the firm's customary fee
schedule, attached thereto and made a part hereof for all
purposes. This fee schedule is subject to future modification
upon notice to City. In no event shall City be charged any
fee or expense not consistent with or greater than the fees
or expenses charged other municipal clients of the firm for
the same services.
2. Said fees to be payable in the following manner and at the following times:
Invoices submitted by the Attorney to City will be paid within
30 days of invoice date with final payment not made before
official closing documents are signed. Attorney will always
favorably consider payment terms for larger bills.
SECTION C -OTHER PROVISIONS
1. City may determine that it has a need or desire for additional services
from Attorney. Unless superseded by separate written agreement, those
services shall also be offered and performed under the terms of this
agreement.
2. Conflicts. City acknowledges that Attorney represents a number of
IOUs, WSCs, water/sewer districts of differing types, public improvement
districts and municipalities throughout the State of Texas. Some of these
other retail public water/sewer and/or sewer utilities are located and serve
areas in proximity to the City's service area. If any conflicts, or potential
conflicts arise during the course of this engagement, Attorney shall
immediately notify City. City shall have the option of waiving such conflict
and continuing Attorney's representation or discharging Attorney from
further representation of City from that point forward on the matter
generating the conflict or from all further representation of City. Given
Attorney's extensive and long-term representation of a wide variety of
clients in the area of water/sewer and wastewater/sewer law, including
public utility matters, it has been Attorney's practice to attempt to mediate
any conflicts or disputes between clients of the firm. If the conflicting
clients agree, Attorney shall be and is authorized to attempt such
mediations as the need may arise. If mediation by Attorney is not
successful, Attorney reserves the right to continue representation of the
oldest client of the firm. The services by Attorney under this Agreement
are subject to this condition, which City accepts with full knowledge. The
parties acknowledge that at the time of execution of this Agreement,
Attorney has performed a conflicts review based upon information
provided by Jay Reining and no conflicts were identified.
3. Client and Confidences. The parties recognize that the "client" in the
"attorney-client" relationship being established hereunder is the City and
not any specific mayor, council member, officer, manager, employee or
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customer of City. It is, and shall be, Attorney's obligation to maintain the
confidentiality of communications with and information received from City
as required by the same Texas Disciplinary Rules of Professional
Conduct. However, City acknowledges that information about City that is
in the public domain, including governmental records, or from third parties
is not considered to be confidential and exempt from disclosure.
Entered into and accepted as binding on each party as demonstrated by the
authorized signatures set forth below.
Attorney:
Law Offices of Mark H. Zeppa, PC
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Mark Zeppa, Pr ident
City of Corpus Christi, Texas
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FEE SCHEDULE OF
THE LAW OFFICES OF MARK H. ZEPPA, P. C.
ATTORNEY TIME: $200.00 per billing hour -Mark Zeppa
$150.00 to $185.00 per billing hour -Associate
SUPPORT TIME: $70.00 per billing hour -legal assistant
$ 30.00 per billing hour -clerical
TRAVEL TIME: One-half of the time spent traveling to/from professional
engagements outside of Travis County is billed at that person's
customary billing rate.
EXPENSES:
Postage and shipping At cost
Travel room and board At cost
Transportation Mileage for personal vehicle outside
Travis County at state reimbursement rate
public transportation at cost
Transcripts At cost
Filing Fees At cost
Telephone calls Billed for professional time only, no charge for calls
Telefaxes Billed for professional time only, no charge for faxes
Copies Bulk-copying jobs are sent to private
contractors and billed at cost. Smaller
jobs are done in-house for customary
fee of $0.25 per page.
Other Client Expenses At cost
MULTIPLE CLIENT ENGAGEMENTS: When expenses are incurred for travel during which
more than one client's business is handled, expenses will be directly allocated to each client when
possible. When direct allocation is not possible, expenses are apportioned equally per client.
When clerical employees make trips to the TCEO, courthouse, etc. for filing documents for more
than one client, their time is apportioned equally per client.
RETAINERS: Retainers may be required on a case-by-case basis depending upon the nature of
the legal services being requested. The amount of the retainer and the manner in which it will b
charged against services rendered will be decided at the time the retainer is required.
CLIENT CALLS: Clients are encouraged to call Mark Zeppa at any time they have a
problem, including nights and weekends at home. However, the will be a $10.00 nuisance
surcharge added to the 6i11 unless there is a serious problem if the call is during a major sporting
event, a Houston Astros or New York Yankees baseball game, or University of Texas football
game.
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