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HomeMy WebLinkAboutC2011-340 - 9/20/2011 - Approvedv 6 Bickerstaff Heath Delgado Acosta LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472 -8021 Fax (512) 320 -5638 www.bickerstaff.com October 5, 2011 Mr. Armando Chapa City Secretary City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Re: Legal Services for 2011 Redistricting Dear Mr. Chapa: Thank you for selecting our law firm to fepresent the City of Corpus Christi. We appreciate your confidence in us and will do our best to continue to merit it. The purpose of this letter, together with the enclosed "Standard Terms of Engagement," is to set out our understanding with respect to the specific terms of our relationship. Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relationship. This letter, together with the Standard Terms of Engagement, constitutes our agreement with you (this "Agreement ") under which our services will be provided. Identity of Client We will be representing the interests of City of Corpus Christi. Nature and Scope of Representation We understand that our present relationship is limited to representing City of Corpus Christi in connection with the 2011 redistricting of the board of trustee single member districts, as described in our proposal and the attached budget. Supervision and Delegation . I will be the partner who will coordinate and supervise the services we perform on your behalf with the assistance of Sherry McCall, or other Firm GIS Specialists. I anticipate that I will perform much of the legal work on your project and will oversee all of the work on this matter. We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they are in a better position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. 2011 -340 M2011 -201 09/20/11 Bickerstaff Heath Delgado Acosta INDEXED October 5, 2011 Page 2 Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement. My hourly rate is $350.00 per hour, and the rate of our Senior GIS Specialist is $150.00 per hour. The hourly rate for other attorneys will range from $250 to $350 per hour, depending on experience, and other technical staff (including additional GIS Specialists) and paralegal time is billed at $130.00 per hour. The budgeted and board authorized fees and expenses for legal services provided by our attorneys and staff under this contract are set at $40,475 unless further authorization for additional work is received from the City of Corpus Christi. The fee arrangement corresponds to the attached proposed budget provided during the interview process for redistricting services for work on the City's �prdject, Any additional plans or other services required by the City will be charged at the stated per hour rates for attorneys and other staff, and other costs incurred will be reimbursed by the City. If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it.and reach a full understanding. Acceptance of Terms If this arrangement is acceptable to you, please sign the enclosed duplicate original of this letter and return it to us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. Sincerely, David Mendez AGREED TO AND ACCEPTED: CITY OF CORPUS CHRISTI, TEXAS By: Name: CA2 x 0S VP(L -DEZ. Title: Ctry A rn ztj Cy Date: 0CT' aOVO-- 11 1 AnMA DO CHAPA MY SEGREETAR- i�,�.:G.d...... AUTHORIZED fly COUNCIL SECRETARY STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. 1. The Scope of Our Work You should have a clear understanding of the legal services we will provide_ Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. : Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates annually, increasing them to reflect experience, expertise, and current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $525 and $200 per hour; the billing rates for associates and staff attorneys are between $450 and $165 per hour; the billing rates for paralegals and specialists are between $180 and $125 per hour, the billing rate for law clerks is $60 per hour, and the billing rate for case clerks is $50 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out -of- pocket expenses (such as copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a description of the most common expenses. 4. Billing Procedures and Terms of Payment Our billing period begins on the 16 of the month and ends on the 15 of the following month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the statement. You agree to pay each statement in full in U.S. Dollars within the time for payment established by Texas Government Code Section 2251.021 (or any successor statute). Should you fail to pay any sum within such payment period, you promise to pay interest on all sums overdue in accordance with the rate and provisions specified in Texas Government Code Section 2251.025 (or any successor statute). If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney - client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retainers A retainer is not required to commence work on this matter. 7. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference. S. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated. 9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. 10. Questions If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions. We want to proceed in our work for.you.uith:a clear and satisfactory understanding about every aspect of our billing and payment policies; and .we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP The Firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage are not charged; however, other expenses such as copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick -up and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the Firm. Overnight delivery services are also charged at the rate charged to the Firm. The Firm's Office Services Department personnel may provide delivery service in urgent situations and charges for such in -house service will not exceed the charge that would be made by an outside service in a similar situation. Postage Our postal equipment calculates exact U.S. postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence; however, the cost of large- volume mail, certified mail, or other additional mail services will be charged to the client. Copies Our standard rate for black and white copies made by Firm personnel is $0.15 per copy. Color copies are charged at a standard rate of $0.55 per copy. These charges cover paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the Firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the Firm. Maps and Color Prints Plan maps (or other maps or color diagrams, etc.) will be charged at the following rates: $50.00 per map for large -size format (34" x 44 "); $20.00 for a 22" x 34" large -size format map; $10.00 per map for medium -size format (11" x 17" ); $8.00 per map for small -size format (S '/2 x 11" ); and $2.00 for non -map color prints. If large numbers of color or large- or medium - format copies are required or requested, if limited available internal plotter resources require it, or if savings may be realized by doing so and time permits, an outside reproduction service may be used; the client will be charged the actual costs incurred by the firm for such reproductions or copies. Computerized Research If a case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on -line data charges. The per - minute fees for on -line connect time are charged to the client at the rate charged to the Firm, plus applicable taxes and surcharges imposed by governmental entities. Fax Fax copies will be charged at the rate of $.25 per page. Travel Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hertel, meal, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses incurred to . outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the Firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the Firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client - approved activities. PROPOSED CITY OF CORPUS CHRISTI ESTIMATE OF HOURS 2011 REDISTRICTING I. PRELIMINARY WORK (NEW CLIENTS) Initial schedule planning Conduct training sessions Identify and begin other Census - related tasks Verify maps and geocode locations (polling, incumbents, facilities) II. INITIAL ASSESSMENT Input and review District boundary - shapefile only Run initial assessment data Prepare initial assessment report Prepare demographic charts and thematic maps Compile exhibits for initial assessment report Presentation of Initial Assessment to City Council 11I. CONSULT WITH CLIENT AND DEVELOP AND ADOPT CRITERIA Initial Consultation with Council Members Notice of public meeting (criteria)ltranslate Draft resolution on criteria & process PRELIMINARY WORKIINICIAL ASSESSMENT /CONSULTATION Total Hours ]PRELIMINARY WORK11NITIAL ASSESSMENTICONSULTATION Total Cost rV. DEVELOP REDISTRICTING PLANS Build first illustrative plan Adjust firsi illustrative plan (& present to public) Second plan Coordinate with County DEVELOP REDISTRICTING PLANS Total Hours DEVELOP REDISTRICTING PLANS Total Cost Partner Attorney Senior GIS GIS Paralegal 0 0 0 1 0 0 0.5 1.5 0.5 0 0 0 G 0 03 1.5 G 0 0 0 4 0 0 0 5 0 a 0 0 05 0 0 0 3 ., .. ._. _ 0 0 0 0 4 101 01 10.81 12 .12 $8,2401 $3,500 $0 31,620 $1,560 $1,560 V. PUBLIC HEARINGS AND ADOPTION OF PLAN Prepare for & conduct one Public hearing in person (113 Hours - jointly with other entities) Analyze public input Prepare for and conduct meeting at conclusion of hearings to present findings Meeting to adopt Final Plan Court reporter Fee for transcript Translate hearing noticesfsubmission notice into Spanish Large Format Maps for Posting at Hearings (4 maps) PUBLIC HEARINGS AND ADOPTION OF PLAN Total Hours PUBLIC HEARINGS AND ADOPTION OF PLAN Total Cost VI. DOd SUBMISSION Maps/demographic information Compile exhibit materials Analyze Section 5 & section 2 liability Draft Submission Letter Final compRationlorgar ization/hinding/mailing Notice to public re: submissionicopy locationl& translation Written description of districts/review (not included in this budget) Review public hearing transcripts raise. copying/phone callslpostage costs DOd SUBMISSION Total Hours DOd SUBMISSION Total Cost VII. RESPOND TO DOd REQUESTS FOR ADDITIONAL INFORMATION Phone calls from DOI Tech person asking questions Phone calls to DOI regarding Submission status (attorney) Additional maps/data collection for submission Review supplemental data Possible second submissionlchange election date (not included in this budget) RESPOND TO DOd REQUESTS FOR ADDITIONAL INFORMATION Total Hours RESPOND TO DOd REQUESTS FOR ADDITIONAL INFORMATION Total Cast 4 1 5 2 0 4 05 4 2 0 0 0 0 0 0 2 0 2 2 1,5 0 3 101 1.51 111 61 0 1.5 $6,5001 $3,5001 S3751 $1,650 S7801 1 $195 2 0 0 0 I 2 D 1 2 1 5 0 3 0 2 5 0 3 I.5 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 141 0 7 3.5 9 57,575 $4,900 SO $1,050 5455 $1,170 2 I 3 6 2 0.5 I 2 3 6 3 2 1 2 0.5 3 4.5 L5 2.5 0 0 0.5 0 3 8 0 1 0 0 1 0 0 0 0 0 2 2 0 0 1 16,51 12 7.51 16.51 18.5 $12,350 $3,675 $3,OOO $1,1251 $2,1451 $2,405 1 1 1.5 0 0 1 I,5 0 0 I 1 1.5 1 2.5 1.5 I 1,5 I 1 l 0 0 0 0 4 41 5.51 3.51 3.51 3.5 S4,2101 51,400 1 $1,375 $525 $455 1 $455 Relmhurseable Expenses $500.00 $100.00 $200.00 $800 oo Total Attorney Hours 67.5 Total GIS Hours 81.3 Total Paralegal Hours 44.5 'GRAND TOTALS _ :$IG,975 $4,75(1 i .$5i974 1. ..'.$5,395: - $5,7$5 TOTAL FOR ALL $40,475 TOTAL HOURS 1 193.3 Note: Some adjustment to this budget will occur upon the determination of the number of meetings required to present/develop plans.