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Professional Services Agreement
for Outside Legal Counsel
This Professional Services Agreement ("Agreement") for Outside Legal Counsel is entered into by and
between the City of Corpus Christi, a Home-Rule Municipality("City"), and Bickerstaff Heath Delgado
Acosta LLP, an Austin-based law firm, ("Counsel") effective for all purposes upon execution by the City
Manager or City Manager's designee.
1. MANAGING ATTORNEY: Counsel's primary contact with City Attorney's Office is City Attorney
Miles Risley, hereinafter known as the "Managing Attorney". The City Attorney may redesignate the
Managing Attorney at any time. Instructions to Counsel regarding Redistricting Services will be issued
jointly by the City Secretary Rebecca Huerta and Managing Attorney. All communications regarding the
Redistricting Services described in this Agreement will be copied to City Secretary Rebecca Huerta.
2. SERVICES TO BE PERFORMED:
a. City desires Counsel to perform and Counsel agrees to perform REDISTRICTING SERVICES in
as described in attached exhibits:
Statement of Qualifications(Exhibit A);
Budget(Exhibit B); and
Timeline(Exhibit C).
b. This contract is terminable with or without cause by the City. Further, this contract does not bind the
City for any obligation exceeding $34,990 without further City Manager approval. If Counsel
believes,at any point, that amounts for all services, fees and expenses will exceed such limitation,then
Counsel will immediately inform the Managing Attorney with copy to the City Attorney and City
Secretary.
c. Counsel agrees to perform its services in accordance with the attached GUIDELINES FOR OUTSIDE
COUNSEL. City will reimburse Counsel for reasonable expenses and pay Counsel a fee for its
services in accordance with the attached GUIDELINES FOR OUTSIDE COUNSEL at the following
rates:
Senior Attorneys: $420-$480 per hour;
Other Attorneys: $250-$375 per hour;
Senior GIS Specialist: $230 per hour;
GIS Specialist: $180 per hour
Paralegal: $180 per hour
In addition, fees for Maps produced will be billed at$50 for each 34 x 44 inch map and $20 for
each smaller map.
It the intent of this contract that all of the meetings will be performed remotely, if possible. Counsel
will be performing all meetings remotely unless the Managing Attorney requests that the Counsel
personally attend a particular meeting and compensation of travel time of Counsel or other firm
timekeepers may be authorized by the Managing Attorney at the rates set out in this agreement or as
otherwise may be agreed to by the parties.
d. Counsel shall submit detailed invoices for all services rendered on a monthly basis. All services
invoiced to the City by Counsel are subject to final approval by the Managing Attorney prior to
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payment. Payments due to Counsel by the City are payable within 30 days after receipt of an
acceptable invoice. Payments due to Counsel will be made payable to and addressed as follows:
Name: Bickerstaff Heath Delgado Acosta LLP
Address:3711 South MoPac Expressway
Building One,Suite 300
Austin,Texas 78746
3. INDEPENDENT CONTRACTOR: Counsel shall perform all professional services as an independent
contractor and shall furnish such services in its own manner and method, and under no circumstances or
conditions shall an agent,servant,or employee of Counsel be considered an employee of the City.If Counsel
believes, at any point, that its duties create an employment relationship with City, then Counsel shall
immediately notify its City contact.
4.OUTSIDE ACTIVITIES:Outside consulting or business opportunities are completely allowed under this
agreement.Counsel may accept or engage in outside business opportunities with the understanding that such
arrangements must not constitute a conflict of interest with Counsel's responsibilities under this Agreement.
5.QUALIFICATION:Counsel represents that Counsel is fully capable and qualified to execute the services
in this agreement and does not require any training from the City.
6.QUALITY OF SERVICE:All work will be done in accordance with the standards of the legal profession
and all services are subject to final approval by a representative of the City prior to payment.
7. CONFIDENTIAL MATTERS AND PROPRIETARY INFORMATION: Counsel recognizes that
during the course of contract performance he or she may acquire knowledge or confidential information.
Counsel agrees to keep all such confidential information in a secure place and further agrees not to publish,
communicate, divulge,use, or disclose, directly or indirectly, for his or her own benefit or for the benefit of
another,either during or after contract performance,any such confidential information.
8. CAPTIONS: The captions in this Agreement are for convenience only and are not a part of this
Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement.
9.RELATIONSHIP OF PARTIES: In performing this Agreement,both the City and Counsel shall act in
an individual capacity, and not as agents, representatives, employees, employers, partners,joint-venturers,
or associates of one another. The employees or agents of either party may not be,nor be construed to be,the
employees or agents of the other party for any purpose.
10. SEVERABILITY: If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or circumstance is,to any extent,
held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid,or unenforceable, will not be
affected by the law or judgment,for it is the definite intent of the parties to this Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect
for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement, then the remainder of this Agreement is
not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision,as similar in terms to the illegal, invalid,or unenforceable clause or provision as may be possible
and be legal,valid,and enforceable,will be added to this Agreement automatically.
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11. SOLE AGREEMENT: This Agreement constitutes the sole agreement between the City and Counsel.
Any prior agreements, promises, negotiations,or representations, verbal or otherwise, not expressly stated
in this Agreement,are of no force and effect.
EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT,
below,are of those persons with the capacity and authority to legally bind the PARTIES.
CITY OF CORPUS CHRISTI Outside Coun el
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Date Date
Attest:
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Rebecca Huerta,City Secretary
Approved as to form:
A L
Miles 'is ey,City Attorney
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GUIDELINES FOR OUTSIDE COUNSEL
I. DUTIES OF FIRM
A. Scope of Services: We expect matters to be leanly staffed and economically handled. The City Secretary and
Managing Attorney will be jointly contacting you to discuss the specific work assignments, possible sharing of
work between our in-house staff and your firm,and how to work together most efficiently to fulfill the engagement
and to constrain costs.Decisions will be made jointly by you,the City Secretary and Managing Attorney.Examples
of such decisions include whether to:
• engage in extensive research on an issue and who will do the research;
• file a motion;
• hire an expert;
• engage in settlement negotiations and the scope of those negotiations (Management representative
and Managing Attorney,jointly);and
• if applicable,any decision to appeal a cased(must be separately authorized by the City Attorney.)
B. Representation:The Firm shall coordinate all aspects of its services with the Managing Attorney assigned to this
matter and the City Secretary. Contemporaneous copies of all pleadings, legal memoranda,and correspondence
shall be submitted to the Managing Attorney and City Secretary.If applicable,settlement actions shall be made by
the Managing Attorney and City Attorney and,if necessary the City Manager. Please note that formal action by
the Corpus Christi City Council may be required to approve certain actions,including settlement.All contact with
City Officials must be coordinated through the Managing Attorney.
C. Conflict of Interest: Before commencing work on this assignment, you must verify whether your firm has a
conflict of interest with respect to the parties involved. If any conflicts are present, please advise the Managing
Attorney immediately in writing.
D. Ethics:In providing legal services to the City,the Firm and each attorney providing services to the City shall fully
comply with the Texas Disciplinary Rules of Professional Conduct.The law firm shall promptly notify the City if
any disciplinary action or malpractice action is instituted against the law firm or an attorney providing services to
the City in a matter potentially related to the subject of this agreement.
E. Authorized Expenditure Ceiling:The total cost of fees and expenses to the City for representation in this matter
shall not exceed the authorized expenditure amount(s)established in Section 2.b of the Agreement. If the Counsel
objects to the authorized expenditure amount,Counsel must obtain a written increase in the authorized expenditure
amount.
F. Expenses:The Firm shall exercise prudence in incurring expenses.The Firm agrees to timely pay for all reasonable
expenses incurred during representation of the City in this matter,including litigation expenses,if applicable.Such
payments shall be made as they become due and payable subject to reimbursement as provided in this Agreement.
The City agrees to reimburse the Firm for the reasonable,actual cost of expenses incurred in this matter as provided
in the Section 2.b of the Agreement. The City of Corpus Christi will not reimburse for expenses related to client
reports or billing.
G. No Increase in Billing Rates: The City will not increase billing rates for any matter which is in progress without
the written approval of the City Attorney in an amended Rate Schedule.
H. Work Products: All files,reports,exhibits,pleadings,data compilations,memoranda,and other work products
produced under this Agreement,collectively,the"Documents,"will be the property of the City of Corpus Christi.
Upon termination,the Firm may retain a copy of the Documents,but the Firm shall deliver the original Documents
to the City Attorney on request,at no expense to the City.Neither the Firm nor any persons hired by the Firm to
prepare Documents pursuant to this contract shall own a copyright or other intellectual property rights in the
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documents,and the City shall be entitled to copy and distribute all Documents. Copies of documents prepared by
Firm shall be provided electronically to the City in editable WORD format.
II.BILLING INSTRUCTIONS: Failure to follow these policies may result in no payment for part or all of the fees
associated with work that does not comport with these policies.The City will not pay for work outside the scope of
work and assignments approved by the Managing Attorney.
A. Billing Requirements
1. Itemized bills must be submitted on Firm letterhead on a monthly basis.
2. The Firm shall bill time in 1/10th of an hour(or smaller)increments.
3. The negotiated hourly rates on the attached Engagement Letter include all overhead and internal charges
associated with your firm's practice.The City expects that work for the City will be done at a substantial discount
from the firm's general billing rates. The City will not separately pay for overhead or law firm costs associated
with services of secretaries,word processors,librarians,investigators,or other support staff.
4. The City will not pay for time spent preparing,discussing,or correcting a billing statement.
5. The City will not pay for opening routine correspondence which does not require a response or impact the
merits of the case.
6. The City expects inefficiently spent time to be shown on the bill and written off in the sound exercise of
billing judgment.
7. Any attorney work product for which the City is billed shall be provided to the City,either electronically
or as a paper copy at the time it is completed.
8. If the Firm requests attorney fees in a contested motion and fees are awarded, the draft should be made
payable to the City of Corpus Christi,or the amount of the award must be specifically credited on the next billing
statement.
9. A copy of all invoices,bills,and receipts for expenses shall be attached to the monthly bill.
10. Expenses above the limits set forth in the Professional Services Agreement and these Guidelines shall
be borne solely by the Firm and shall not be reimbursed under this Agreement.
B. Billing Statement Requirements:All billing statements must contain at least the following information:
1. The vendor's name and address Style of case or Matter description.
2. A remittance page with the monthly statement.
3. Dates of each service and a detailed description of each service. Vague descriptions, such as "review,"
"update,""attention to file," "research," and "trial preparation" without more specifics are not acceptable.
Different services should not be lumped together without segregation of time expended on each service.
4. Name,classification(e.g.,"partner,""associate,""legal assistant"),billing rate for the person doing the task,
and specific time for service to a tenth of an hour.
5. Detailed listing of all expenses with supporting documentation for all third party and travel expenses.
C. Consultations
1. The City will not pay for conferences between outside attorneys and support staff.The City expects the matter
to be leanly staffed.
2. The City will not pay for time involved educating an outside attorney on a particular matter when it has
previously been handled by another attorney in the Firm.
D. Attendance at Court Proceedings and Other Activities:
1. Attendance of more than one attorney at depositions or court proceedings,including trials,is not reimbursable
without prior approval by the Managing Attorney.Generally,one attorney is expected to handle matters.
2. Time involved for clerks,junior associates, or paralegals to accompany counsel to depositions, hearings, or
trials for training purposes is not reimbursable.
E. Inefficient or Duplicate Work:The City will not pay for the following;
1. More than one attorney performing any one task on a matter.
2. An attorney to re-do the work of a paralegal or another attorney.
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3. Multiple entries for reviewing correspondence,documentation,trial,and/or deposition transcripts,indicative
of inefficient work.
4. Repeat and inefficient research on an issue.
5. Research for matters which should be within the knowledge of an experienced practitioner.
6. Time spent training junior or other lawyers.
7. General operating expenses other than long-distance phone bills,postage,and copying(not to exceed
10 cents per page).
8. Unnecessary use of express mail,facsimile transmissions,or couriers.
9. Database usage charges or other fees(other than costs for the time of the researching attorney)for
computerized legal research over$100.00 without prior Managing Attorney approval.
10.Automobile mileage exceeding amount permitted as business expenses under the Internal Revenue Code.
11.Charges for which the Firm would not be liable in the absence of a reimbursement relationship with the
client.
The Firm must evaluate the need to engage experts, investigators, visual aid companies,etc. on a case by case
basis,and must obtain approval of the Managing Attorney before retaining any such services.
F. Travel: The City will not pay for:
1. the cost of travel to a deposition or other conference that could be performed by teleconference,Zoom,
Webex,Teams,Skype,etc.unless the Managing Attorney has pre-approved the travel after considering the
reasons for which the travel is requested.
2. time spent traveling unless productive work is done during that time or a specific arrangement is agreed to in
writing with the City Attorney in an amendment to this agreement.
3. air travel expenses in excess of standard coach or economy fares.Counsel is expected to take advantage of
special fares or discounts whenever possible and will check with the Managing Attorney for information on
City vendor discounts.
4. lodging and meals that exceed the per diem rates established by the U.S.General Services Administration.
See http://www.gsa.gov/portal/category/100120
5. alcoholic beverages,charges from in-room hotel"honor"bars,and entertainment charges.
III. PAYMENT TERMS:
1. The City will make payments to the Firm within 30 days of receipt of an undisputed monthly invoice meeting
contract and billing requirements.
2.If the City disputes any item in an invoice the Firm submits for any reason,the Managing Attorney shall advise
the Firm of the issue and request that the Firm submit a new invoice of current date that does not include the
disputed amount. The City will not pay for time spent discussing or correcting an invoice.
3. If the dispute is later resolved in the Firm's favor, the Firm may include the disputed amount on a separate
invoice or on a subsequent monthly invoice.
4. The City has the right to inspect and audit all books, records, and documents of the Firm pertaining to this
engagement at any reasonable time, to the extent necessary to verify the accuracy of any statement, charge,or
computation. If the Firm is asked to provide information to the City, including,but not limited to City auditors
(either City employees or professionals hired by the City to audit the City's records) or the City finance
department,the Firm shall provide such information at no additional cost to the City.
V. TERMINATION: The City may terminate the Agreement with or without cause at any time. Upon receipt of a
written request by the City,the Firm shall immediately discontinue work under the Agreement and transmit all files or
written materials to the City.Thereafter,only those legal services necessary to effectuate termination of representation
or transfer to another attorney may be performed. All such services must be expressly authorized in advance and in
writing by the Managing Attorney.
VI. REPORTS: The City requires outside counsel to provide initial and supplemental reports to the Managing
Attorney and the City Secretary via e-mail. The initial report shall provide concise statement of current status of the
matter with anticipated next steps and identify any deadlines for response. A monthly follow up report will be provided
by outside counsel to the Managing Attorney and City Secretary every 30 days.
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VII.ATTENDANCE AT MEETINGS,MEDIATION AND SETTLEMENT CONFERENCES:Counsel should
consult with the City Secretary and the Managing Attorney to determine if in-person attendance at meetings is
necessary.
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EXHIBIT A
CityCorpusof Christi
STATEMENT OF QUALIFICATIONS
2021 REDISTRICTING SERVICES
Submitted by:
BickerstafF
Heath Delgado Acosta LLP
June 4, 2021
Contact: David Mendez
3711 South MoPac Expressway
Building One, Suite 300
Austin,TX 78746
P: 512-472-8021
F: 512-320-5638
(800) 749-6646
dmendez@bickerstaff.com
www.bickerstaff.com
a Bickerstaff
Heath Delgado Acosta LLP
Firm Qualifications
Bickerstaff Heath Delgado Acosta LLP("the Firm")is an Austin-based law firm founded in 1980
that represents Texas cities, counties, colleges, schools, special districts, and other government
entities. Since it was founded,the Firm has been involved with redistricting for the State of Texas
as well as hundreds of Texas local government entities. The Firm proposes a comprehensive
solution to the City's redistricting needs and has the expertise and technology to provide full-scope
redistricting services. Although other firms offer redistricting services, we differ in several key
areas:
More Experience—2021 will mark the fifth decennial redistricting cycle that our firm has
provided redistricting services since our founding in 1980. We have worked for some of
the largest cities in Texas — including (among others) Houston, Dallas, San Antonio, El
Paso, and Austin, along with numerous small and medium-sized cities throughout Texas.
The geographic reach of our redistricting practice is statewide, and our attorneys present
redistricting topics at state and national conferences. For example, firm co-founder and
attorney Bob Heath presented the topic Decision #1: Data (addressing the data available
to redistricting professionals and the critical choices that must be made) at the 2019
National Conference of State Legislatures Capitol Forum in Phoenix as well as the topic
Evenwel v. Abbott:Redistricting and the Meaning of Political Representation at the 2016
American Bar Association Conference in San Francisco. Additionally, our firm has
extensive experience representing government clients regarding the federal Voting Rights
Act,a critical component of the redistricting process.
Governmental Focus —We have substantial legal practice experience with Texas local
government entities and thus are sensitive to the complex legal issues they face--including
the often unique election, governance, and open government law issues dealt with on a
regular basis by cities, counties,school districts, college districts,and other types of local
governments in Texas.
Higher Capacity—With 25 attorneys and 22 support staff, our firm is one of the largest
in the state with extensive, longstanding, statewide, redistricting practice experience. We
will assign a dedicated team of attorneys,GIS specialists,and other support staff to ensure
the full redistricting process is completed according the City's schedule and specific needs.
Customized Approach—We recognize the redistricting needs of cities will vary greatly,
which is why we work with the city council to prepare plans based on the specific concerns
of the City.The redistricting process typically occurs only once per decade;therefore,it is
vital for the City to capitalize on this opportunity to address a range of practical concerns
under federal, state and local law, some of which may include:
Establishment of Process Within Home Rule City Charter Requirements and
Redistricting Commission Structure
Rebalance of Population in City Council Districts
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▪ Review and Legal Analysis of Minority Majority Districts,if any,and
• Election Precinct Coordination and Adjustment
The Firm will work closely with the City to assess specific needs and deliver a final product
that will be useful for the decade following the 2021 redistricting cycle.
Technology — The Firm utilizes the latest technology in order to meet client needs in
several areas, including:
% Quality Maps—The Firm utilizes Edge2020 Redistricting Software to evaluate the
2020 Census data in order to provide the County with an initial assessment. In
previous years, we have used AutoBound Redistricting Software and Edge2020
represents the next generation of this redistricting software developed by Citygate
GIS. Edge2020 exports seamlessly with ESRI map products and allows export of
all redistricting data for use in most standard mapping software. The redistricting
software is uniquely specialized to perform all types of analyses required for the
development and evaluation of redistricting plans and exports data that is
compatible with ArcGIS 10.0 software. In addition, we have the capability to
produce a variety of printed map sizes, including large-format printing though the
use of an in-house plotter. Our GIS staff can prepare detailed large-format maps
and export those maps into both PDF and graphic formats if clients choose to do
their own printing.
Virtual Meetings-- Some clients prefer to meet via videoconference in order to
reduce travel costs. If requested,the Firm will utilize the GoToMeeting platform to
present the initial redistricting assessment, host drawing sessions, or for other
requested meetings.
In-Person Attendance — We frequently attend meetings in person to deliver
redistricting presentations. If needed, we have the capacity to bring laptops, a
projector, and other technology to the meetings that may be useful to clients with
limited on-site technology.
City Website Posts —The Firm can assist the City in developing public notices,
timelines,and map files for posting to the City's website.
Savings—We first perform an "Initial Assessment", where we consider the population in
each city council district using the new Census data to determine whether current city
council districts or wards have become sufficiently unbalanced in population as to require
the City to engage in redistricting. We have developed pricing for the Initial Assessment
phase of redistricting planning that minimizes costs to cities that may not require
redistricting. We do not require fees in advance of the work performed. Other than for the
Initial Assessment, our clients are billed on an hourly basis according to the work that is
performed. Additionally, we offer cost-savings approaches, such as virtual meetings and
drawing sessions,which some clients prefer to utilize. We believe clients should have the
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flexibility to develop a budget that works for their needs. We are happy to work with you
to develop a budget and find additional ways of reducing costs.
Redistricting Team
The redistricting team below highlights our depth of experience and availability to staff the City's
redistricting project.
David Mendez, Partner
Prior to joining BHDA, David Mendez worked as an Assistant Attorney General in the Taxation
Division of the Office of the Attorney General of Texas. He graduated from the University of
Texas School of Law in 1980. He is licensed to practice law by the Supreme Court of the State of
Texas, U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas,
and U.S. Court of Appeals for the Fifth Circuit.
David has 30 years' experience in voting rights and redistricting issues, and he regularly advises
cities,counties,colleges,and school districts in these areas.During the 1991 and 2001 redistricting
cycles he represented some of the largest Texas counties in their redistricting and justice and
constable realignment projects. David assisted extensively in the Firm's representation of the City
of Houston in the 1991 Campos litigation, conducting substantial portions of the discovery,
defending council members' depositions, preparing expert witnesses and analyzing and briefing
legal issues.He also handled the redistricting for Bexar County during this cycle. During the 2001
cycle,he redistricted counties as diverse as Schleicher(population 3,283) and Dallas (population
2,554,632).
David has been the lead attorney or had substantial responsibility for many redistricting projects,
including the following (among other) clients in the 2011 round of redistricting: City of Corpus
Christi; City of El Paso; El Paso County; Brazos County; Randall County; City of San Antonio;
City of Midland; Midland ISD; City of San Angelo; Dallas County Community College District;
Alamo Colleges District; and Dallas ISD.
Additionally, David assisted the City of Fulshear in their creation of single-member electoral
districts after the city's home rule charter was adopted in May 2016. He also works frequently on
election contests, recounts and other election law matters before the courts and the Texas
Legislature.
David is fluent in Spanish and speaks and writes extensively on election law, voting rights and
redistricting issues. He has presented or published papers on election law and voting rights topics
for the Texas Secretary of State's office, Texas Association of Counties, Texas Conference of
Urban Counties, Texas Municipal League, Texas Association of School Board Attorneys, V.G.
Young Institute of County Government (a part of the Texas A&M Agri-Life Extension Service
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and the Texas A&M University System), University of Texas School of Law, and Texas
Association of Community College Attorneys.
Sydney W.Falk,Jr.,Partner
Prior to joining the Firm, Syd Falk worked as a briefing attorney to Hon. Will Garwood at the
United States Court of Appeals for the Fifth Circuit. Syd graduated from the University of Texas
School of Law in 1984, and he is licensed to practice law by the Supreme Court of the State of
Texas, U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas,
U.S. Courts of Appeals for the Fifth and Ninth Circuits,and Supreme Court of the United States.
He is one of the Firm's senior redistricting attorneys.He has substantial experience in redistricting,
having served as a redistricting attorney or team leader on dozens of redistricting projects in 1991,
2001, and 2011. He has been responsible for redistricting by Texas local government entities of
all types, including counties, cities, school districts, and special districts, including in the 2001
redistricting cycle, work on the redistricting of Missouri City, Bexar County, Dallas County,
Tarrant County, Dallas ISD, Austin ISD, and dozens of others. In the 2011 cycle,he represented
(among others): the cities of Colorado City, Lockhart, Bryan, Brenham, and Stockdale; Bexar,
Wilson, Brazos,Waller, Llano,and Schleicher counties;and Bryan ISD.
Syd also has experience handling voting rights litigation,both through his work on cases handled
by the Firm and as a former Fifth Circuit briefing attorney. He defended Dallas County and Bexar
County in lawsuits challenging abolishment of justice precincts (from which JPs and constables
are elected) -- the counties prevailed in those cases. He was co-counsel with Bob Heath in the
Chen v. City of Houston case, and participated with other Firm attorneys in the 1991 Campos v.
City of Houston litigation -- the City of Houston prevailed in those cases. More recently, he
defended Bexar County in a case challenging the County's elimination of a Justice of the Peace
position—that case settled and the abolition of the JP position stood.
Prior to obtaining his law degree, Syd received a Ph.D. in theoretical astrophysics from the
University of Texas at Austin,and he performed post-doctoral work at CalTech and the University
of Chicago. He was an Assistant Professor of Astronomy at the University of Texas at Austin for
four years, and a science consultant at the Los Alamos National Laboratory from 1980-1986. His
background in mathematics and statistics is valuable in analyzing relevant redistricting statistics
and the expert testimony in voting rights cases.
C. Robert"Bob" Heath,Partner
Prior to co-founding the firm Bickerstaff& Heath, Bob Heath worked as Chair of the Opinion
Committee at the Office of the Attorney General of Texas. He graduated from the University of
Texas School of Law in 1972. He is licensed to practice law by the Supreme Court of the State of
Texas, U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas,
U.S.Court of Appeals for the Fifth Circuit,and the Supreme Court of the United States.
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Bob has 38 years' experience as a redistricting attorney. He has been lead counsel on many
redistricting cases and is a frequent speaker on redistricting topics at state and national conferences.
Notable examples of his publications and presentations include:
America Votes!Challenges Facing Modern Election Law& Voting Rights,Co-author
of the second, third, and fourth editions of the ABA publication
4% Decision#1:Data,2019 National Conference of State Legislatures Capitol Forum
(Phoenix)
Evenwel v. Abbott:Redistricting and the Meaning of Political Representation, 2016
American Bar Association Conference(San Francisco)
4 Applying a Bi-Racial Jurisprudence in a Tri-Ethnic World, 2015 American Bar
Association Conference(Chicago)
Panelist at St. Mary's Law Voting Rights Symposium
Bob has extensive experience representing governmental entities in voting rights lawsuits. A
notable suit includes Chen v. City of Houston, 206 F.3d 502 (5th Cir. 2000), in which the city
obtained a summary judgement dismissing a Shaw v. Reno challenge to its council districts.
Bob authored an amicus brief on behalf of Hams County in the U.S. Supreme Court Case Evenwel
v. Abbott. The suit attempted to require the use of voter-eligible population (e.g., citizen-voting-
age population) in the allocation of state legislative seats. If the plaintiffs had been successful, it
would have resulted in the county losing 2-3 state representative seats.Additionally,it would have
made it more difficult to draw districts where Hispanics had an equal opportunity to be elected.
The constitutional issue of the appropriate measure of population was one that the Firm had
successfully litigated in the Fifth Circuit and in defending against petitions for certiorari in Chen
and in Lepak v. City of Irving.The U.S. Supreme Court sustained Harris County's position.
Bob has spoken and delivered papers on redistricting throughout the United States and is
recognized as an expert in this area of law.His article,Managing the Political Thicket:Developing
Objective Standards in Voting Rights Litigation, 21 Stetson L. Rev. 819 (1992) was quoted and
cited by the United States Supreme Court in Holder v. Hall,512 U.S. 874, 889(1994)(O'Connor,
J.,concurring).
Gunnar P. Seaquist, Partner
Prior to joining the Firm,Gunnar Seaquist worked as an Assistant Attorney General in the General
Litigation Division of the Office of the Attorney General of Texas. He graduated from Baylor
University School of Law in 2006,and he is licensed to practice law by the Supreme Court of the
State of Texas, U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of
Texas,and U.S. Court of Appeals for the Fifth Circuit. Gunnar currently counsels two Texas cities
on voting-related charter amendments.
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Gunnar regularly assists the Firm's senior redistricting team with voting rights and litigation
issues,as noted by the examples described below:
4 Assisted Bob Heath in defending the City of Grand Prairie in a redistricting challenge
under the U.S. Constitution and Section 2 of the Voting Rights Act, drafting of an
amicus curie brief on behalf of Harris County in the recent Evenwel v.Abbott Supreme
Court Case, and defending the City of Pasadena in a redistricting challenge under the
U.S.Constitution and Section 2 of the Voting Rights Act.
} Assisted David Mendez in the redistricting of Beaumont ISD,with a specific focus on
ensuring compliance with federal voting rights laws and analyzing and preventing
litigation risks.
s Led the Firm's efforts in a mid-decade redistricting project for the City of Mesquite.
Sherry McCall,Senior GIS Specialist
Sherry McCall is the Firm's senior redistricting and GIS specialist. She handles or supervises the
technical drawings of maps, and she works closely with our attorneys and election specialists to
compile the various technical reports and maps required for our redistricting clients.
Prior to joining the Firm 23 years ago, Sherry was a research analyst at the Texas Education
Agency, where she helped implement the agency's first GIS system. She has data programming
experience and has worked extensively with data from the Texas Education Agency, the U.S.
Census Bureau and the Texas Legislative Council. She will be responsible for the preparation of
all data used for a redistricting project. She assists our attorneys in analyzing population/voting
data and relevant historical elections,and developing the analyses needed for redistricting projects.
She also provides analyses, exhibits, and support for the Firm's redistricting and other litigation.
Sherry graduated from the University of North Texas with a B.A. in Biology in 1991. She is not
an attorney and is not licensed to practice law.
Scope of Services
1. Initial schedule planning. The Firm will consult with the city council and establish a
schedule for performance of the various tasks for which the Firm has been engaged. This
would include scheduling city council meetings, work sessions and public meetings;
establishing target dates for presentation of proposed plans for city council consideration
and/or for public discussion; and establishing target deadlines for city council adoption of
a redistricting plan. The Firm will advise the city council and clearly define the council's
responsibility in the redistricting process.
2. Identify and begin other census release tasks. Tasks in this category may include: (i)
collecting data concerning existing city council member voting district boundaries to be
input into the Firm's GIS/redistricting software databases and verified and any other
6
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�. Heath Delgado Acosta LLP
demographic or boundary-related data or information the City may have; (ii) assisting the
City with preparation of draft resolutions,public notices,and other documents likely to be
needed during the process.
The Firm is experienced in the use of census data and Tiger/Line(census geography) files
and is capable of drawing districts at various levels of geography. Where possible, the
geographical units the Firm recommends be used are election(voting)precincts, which in
census terminology are known as voting tabulation districts or VTDs. This is especially
appropriate in the context of seeking to avoid Shaw v. Reno(racial gerrymandering and/or
reverse discrimination) liability. In the event of unforeseen circumstances, as appropriate,
the Firm can use other geography with census population data.
3. Performing an initial assessment. Upon release of the census data, the Firm will examine
the new population data and determine whether current city council districts or wards have
become sufficiently unbalanced in population as to require the City to engage in
redistricting. This "initial assessment" will be presented to and discussed with the city
council and any commission or other committees as may be assigned by the City to the
project.
4. Development and adoption of criteria for redistricting. If the council districts are
determined to be out of balance, the Firm will assist the city council or any responsible
committees in identifying and adopting practical and legal criteria to be followed during
the redistricting process. In light of Shaw v. Reno-type cases concerning gerrymandering
and the standards that have emerged from them, this is a critical element of a successful
redistricting process and important to establishing defensibility of an adopted plan against
later litigation. (Much of this can be done before the release of census data.)
5. Develop redistricting plans. The Firm will develop redistricting plans for city council
members'single-member districts,using the Firm's GIS and demographic capabilities.The
Firm will work with the city council or assigned committees to develop plans that take into
account, consistent with the applicable legal requirements, the various practical and
political considerations the City determines are relevant. Under our approach, we work
within the City's procedures and protocols for development of plans. We anticipate that a
number of plans may be developed, each responding to a different set of considerations
proposed by the City and that some modifications or refinements may be required before a
plan is acceptable to the City.As desired,the Firm will provide written materials in support
or explanation of any plans developed by the Firm at the City's request.
6. Advise the City regarding the merits of plan(s). The Firm will advise the city council or
appropriate committees of the relative legal and practical merits of particular plans under
consideration. As requested,members of the Firm will attend meetings of the city council
or committees at which plans are presented and discussed. The Firm will provide written
materials in support or explanation of any plans evaluated by the Firm at the City's request.
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r Heath Delgado Acosta LLP
In addition,the Firm will provide an independent assessment of any plans.This assessment
will verify whether and how the plan under consideration satisfies the applicable legal
standards and whether the adopted redistricting criteria appear to have been followed.
7. Conduct public presentation, discussion of proposed plans and adoption of final plan.
Typically, one or more plans proposed by the City will be presented for public comment.
The Firm will conduct public presentations of proposed plans and summarize public
comments for the city council and any required committees. The Firm will assist the city
council in adopting a final plan considering public comments.
8. Litigation. A major goal of the redistricting process is to design a plan that will avoid
litigation and liability. The Firm tries during the process to minimize the likelihood of a
legal challenge by advising the client of the most legally defensible plan and by being sure
that the process produces a record that can be used to demonstrate that the adopted plan
complies with the applicable legal standards. Sometimes,however,when the opponents of
a plan are unsuccessful in the political arena,they will move their battle to the courthouse.
In those instances,the Firm is prepared to defend the plan as it has extensive experience in
litigating Voting Rights Act and Shaw v. Reno issues. As described earlier, the Firm has
unique experience in Shaw v. Reno-type cases,because of its success in the Chen v. City of
Houston case.The members of the Firm are licensed in the U.S.Supreme Court and various
lower federal courts,including in particular the U.S.Court of Appeals for the Fifth Circuit,
and the U.S. District Courts for the Eastern, Western, Northern and Southern Districts of
Texas.
References
The Firm has represented a large number of cities,counties,school districts,community colleges,
and special districts across Texas in redistricting matters.We have included a representative listing
of our city redistricting clients and their contact information below.A more extensive list inclusive
of the other types of government entity clients mentioned above is available upon request.
City of San Antonio
Mr. Andy Segovia,City Attorney
Phone: 210-207-8940
Email: andy.segovia@sanantonio.gov
NOTE: While Mr.Segovia was not with the City of San Antonio during the 2011 redistricting cycle,
he is familiar with the Firm's work on the project.
City of Fort Worth
Ms. Sarah Fullenwider,City Attorney
Phone: 817-392-7606
Email: Sarah.Fullenwider@fortworthtexas.gov
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NOTE: The City of Fort Worth is a new redistricting client(2021 cycle)of the Firm.
City of Galveston
Mr.Joe Jaworski, Former Mayor
Phone: 409-771-7139
Email:joe@jaworskifortexas.com
City of Tyler
Ms. Deborah Pullum,City Attorney
Phone: 903-531-1161
Email: dpullum@tylertexas.com
City of Bryan
Ms. Mary Lynn Stratta,City Secretary/Communications-Legislative Director
Phone: 979-209-5000
Email: mstratta@bryantx.gov
City of McKinney
Mr. Mark Houser,City Attorney
Phone: 214-747-6100
Email: mhouser@bhlaw.net
City of Mesquite
Mr. David Paschall,City Attorney
Phone: 972-216-6272
Email: dpaschall@cityofinesquite.com
City of Grand Prairie
Ms. Megan Mahan,City Attorney
Phone: 972-237-8026
Email: mmahan@gptx.org
City of Georgetown
Ms. Skye Masson,City Attorney
Phone: 512-930-8158
Email: skye.masson@georgetown.org
9
EXHIBIT B
Proposed City of Corpus Christi
2021 Redistricting Budget
Reimbursable
Partner Atty Senior GIS GIS Para Flat fee Expenses
$420 $300 $230 SI80 $180
I. PRELIMINARY WORK
Initial schedule planning
Gather data and input benchmark
Geocode incumbents Plat Fee
Identify and begin other Census-related tasks
II.INITIAL ASSESSMENT
Preparation of initial assessment(flat fee) $4,500.00
III.CONSULT WITH CLIENT AND DEVELOP AND ADOPT CRITERIA
Initial consultation with City Council 8 1 8 6 1
Notice of public meeting(criteria)/translate 0 1 0 0 2 $50.00
Geocode locations/load City data(polling places,and facilities) 0 0 2 10 2
Draft resolution on criteria&process I 2 0 0 2
ADVICE/CONSULTATION Total Hours 9 4 10 16 7
ADVICE/CONSULTATION Total Cost $3,780 $1.200 52,300 $2.880 $1.260
LV.DEVELOP REDISTRICTING PLANS
Build first Illustrative Plan for City Council Districts 8 I 4 10 2
Revise Illustrative Plan for City Council Districts 4 I 2 8 2
DEVELOP REDISTRICTING PLANS Total Hours 12 2 6 18 4
DEVELOP REDISTRICTING PLANS Total Cost $5,040 $600 $1380 $3240 $720
V.PUBLIC HEARINGS AND ADOPTION OF PLAN
Prepare for and conduct public hearing/adoption of final plan 4 2 4 5 2
Translate hearing notices/submission notice into Spanish 0 I 0 0 2 5200.00
Large format maps for posting at public hearings($50.00 x 2 maps) $100.00
PUBLIC HEARINGS AND ADOPTION OF PLAN Total Hours 4 3 4 5 4
PUBLIC HEARINGS AND ADOPTION OF PLAN Total Cost $1.680 $900 $920 $900 $720
VI.REQUIRED DISSEMINATION OF REDISTRICTING PLANS
Maps/demographic information to City 0 0 0 3 I
Submit adopted redistricting plan to County Elections'Department 0 0 1 2 I
Send digital mapping files as client directs 0 0 1 I I
Prepare any additionally requested maps 0 0 0 2 I
DISSEMINATION OF PLANS Total Hours 0 0 2 8 4
DISSEMINATION OF PLANS Total Cost SO $0 $460 $1,440 $720
Total Attorney Hours 34
Total GIS flours 69
Total Paralegal Hours 19
GRAND TOTALS ( $10,500 I $2,700 I $5,060 I $8,460 I $3,420 I 54,500.001 $350.00 I
TOTAL FOR ALL $34,990
TOTAL HOURS 122
•Hours allocated to plans are for districts that follow existing Census geography.
This budget includes one City Council District plan with revisions.
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