HomeMy WebLinkAboutContract 47407 CITY SECPMARY :.
CONTRACT M -
WHITAKER CHALK
ATTORNEYS&COUNSELORS
John Allen Chalk jchalkQwhitakerchalk.com
Direct 817.878.0575 wmm.whitaherchalk.com
March 19,2015
Christopher B.Mosley VIA EMAIL ONLY
Senior Assistant City Attorney
CzTx or FoRT WORTH
1000 Throckmorton Street
Fort Worth,Texas 76102
Re: Fee Agreement Letter—Condemnation Project
Dear Mr. Mosley:
It is my understanding that the City of Fort Worth (the"Client") desires to retain our law
firm for representation involving a condemnation project and related matters.
I will be the attorney responsible for the work done by our fum, but would also have the
authority to utilize other attorneys, paralegals, and my law cleric as required. My current billing
rate is $395.00 per hour. Other lawyers who may be asked to assist in our representation,of the
Client include Kirk Bryant (current billing rate is $295.00 per hour) and Rebecca Eaton (current
billing rate is $245.00 per hour). Our paralegals' current billing rate is $90.00 per hour. My law
clerk's current billing rate is $60.00 per hour. I may not need the services of these professionals
but want the authority to use them if the task requires or warrants their use. All current billing
rates are subject to change by prior written notice to the Client.
Our firm would bill for all our time on a monthly basis showing on each statement the
attorney,paralegal, or law cleric who billed the time, the date and amount of time billed, and the
project or service performed by the attorney, paralegal, or law clerk. The firm would also be
reimbursed for all out-of-pocket expenses incurred in the performance of these services for the
Client. The fum requires payment immediately upon receipt of each monthly billing and
reserves the right to terminate representation upon failure to pay timely each monthly billing.
All statements will be sent to you at 1000 Throcicmorton Street, Fort Worth, Texas
76102. If this is not the correct billing address, please provide my office with the correct
billing address upon return of this fee agreement letter.
If the Client desires to retain our law firm, please sign a copy of this letter at the place
provided and return a signed copy to me as soon as possible. The Client retains the right to
WHITAKER CHALK SWINDLE&SCHWARTZ PLLC
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Christopher B.Mosley
CITY OF FORT WORTH
March 19,2015
Page 2
tern-inate this fee agreement at any time for any or no reason. Our firm retains the right to
terminate this fee agreement at any time for any or no reason, subject to the approval of any
court before whom we may be appearing on behalf of the Client.
The State Bar of Texas investigates and prosecutes professional misconduct committed
by Texas attorneys. Although not every complaint against or dispute with a lawyer involves
professional misconduct, the State Bar's Office of General-Counsel will provide the Client with
information about how to file a complaint. For more information, please call 1-500-932-1900.
This is a toll-flee call.
The firm and I intend to be guided in the performance of our services to the Client by the
Texas Lawyers Creed, a copy of which is attached to this letter. Please review the Texas
Lawyers Creed and confirm by your signing of this retainer agreement that my adherence to it is
acceptable to the Client. By signing this letter the Client is agreeing that the firm and I will
conduct ourselves in our representation of the Client by the Texas Lawyers Creed.
After our services conclude, the Firm will, upon the Client's written request, deliver the
file created for this matter to the Client, along with any of the Client's funds or property in our
possession. If the Client does not request in writing the file or'files created for this matter or
matters, we will retain the file or files for a period of five (5) years after our services are
concluded. If the Client does not request in writing delivery of the file for this matter before the
end of the five (5)year period, the Firm will be free to destroy the file and all its contents. The
Client may request delivery of the file at any time during the five (5) year period immediately
following the final services rendered by the Firm in this matter.
If you have any questions about this letter, please feel free to contact me. If the Client
desires our firm to represent the Client,please sign below at the place provided and return a copy
of this signed letter as soon as possible.
Very truly yours,
9JTPobhn.Allen Chalk,P.C.
WHITAKER CHALK SWINDLE&SCHWARTZ PLLC
JAC:bld
Enclosure
DMO172438
WHITAKER CHALK SWINDLE&SCI-WART'Z PLLC
Christopher B.Mosley
CITY OF FORT WORTH
March 19,2015
Page 3
AGREED AND ACCEPTED:
CITY OF FORT WORTH
By:
Christopher B. Mosley
Senior Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
The Texas Lawyer's Creed
A Mandate For Professionalism
Promulgated by The Supreme Court of Texas and The Court of Criminal Appeals
I am a lawyer.I am entrusted by the People of Texas to preserve and improve our legal system.I am
licensed by the Supreme Court of Texas.I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct, but I know that Professionalism requires more than merely avoiding the
violation of laws and rules.I am committed to this Creed for no other reason than it is right.
I, Our Legal System
A lawyer owes to the administration of justice personal•dignity, integrity, and independence. A
lawyer should always adhere to the highest principles of professionalism.
1. I am passionately proud of my profession.Therefore, "My word is my bond."
2. I am responsible to assure that all persons have access to competent representation
regardless of wealth or position in life.
3. I commit myself to an adequate and effective pro bono program.
4. I am obligated to educate my clients,the public,and other lawyers regarding the spirit and
letter of this Creed.
5. I will always be conscious of my duty to the judicial system.
11.Lawyer To Client
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all
appropriate legal means to protect and advance the client's legitimate rights,claims,and objectives.
A lawyer shall not be deterred by any real or imagined fear of Judicial disfavor or public
unpopularity,nor be influenced by mere self-interest.
1. I will advise my client of the contents of this creed when undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation
as quickly and economically as possible,
3. 1 will be loyal and committed to my client's lawful objectives, but I will not permit that
loyalty and commitment to interfere with my duty to provide objective and independent
advice.
4. Iwill advise my clientthat civility and courtesy are expected and are not a sign ofweakness.
5. I will advise my client of proper and expected behavior.
6. 1 will treat adverse parties and witnesses with fairness and due consideration.A client has
no right to demand that I abuse anyone or indulge in any offensive conduct.
7. I will advise my client that we will not pursue conduct which is intended primarily to harass
or drain the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
10. 1 will advise my client that I reserve the right to determine whether to grant accommodations
to opposing counsel in all matters that do not adversely affect my client's lawful obj ectives.
A client has no right to instruct me to refuse reasonable requests made by other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other
alternative methods of resolving and settling disputes.
III.Lawyer To Lawyer
A lawyer owes to opposing counsel,in the conduct of legal transactions and the pursuit of litigation,
courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual
understandings. Ill feelings between clients shall not influence a lawyer's conduct, attitude, or
demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in
retaliation against other unprofessional conduct.
1. I will be courteous,civil,and prompt in oral and written communications.
2. 1 will not quarrel over matters of form or style, but I will concentrate on matters of
substance.
3. 1 will identify for other counsel or parties all changes 1 have made in documents submitted
for review.
4. 1 will attempt to prepare documents which correctly reflect the agreement of the parties.I
will not include provisions which have not been agreed upon or omit provisions which are
necessary to reflect the agreement of the parties.
5. 1 will notify opposing counsel, and, if appropriate,the Court or other persons, as soon as
practicable,when hearings,depositions,meetings,conferences or closings are cancelled.
6. 1 will agree to reasonable requests for extensions of time and for waiver of procedural
formalities,provided legitimate objectives of my client will not be adversely affected.
7. 1 will not serve motions or pleadings in any manner that unfairly Iimits another party's
opportunity.to respond.
8. 1 will attempt to resolve by agreement my objections to matters contained in pleadings-and
discovery requests and responses.
9. 1 can disagree without being disagreeable.I recognize that effective representation does not
require antagonistic or obnoxious behavior.I will neither encourage nor knowingly permit
my client or anyone under my control to do anything which would be unethical or improper
if done by me.
10. 1 will not, without good cause, attribute bad motives or unethical conduct to opposing
counsel nor bring the profession into disrepute by unfounded accusations of impropriety.
Iwill avoid disparagmgpersonal remarks or acrimonytowards opposmgcounsel,parties and
witnesses.Iwill not be influenced by any ill feeling between clients.I will abstain from any
allusion to personal peculiarities or idiosyncrasies of opposing counsel.
11. 1 will not take advantage,by causing any default or dismissal to be rendered,when I know
the identity of an opposing counsel, without first inquiring about that counsel s intention
to proceed.
12, 1 will promptly submit orders to the Court.I will deliver copies to opposing counsel before
or contemporaneously with submission to the Court.I will promptly approve the form of
orders which accurately reflect the substance of the rulings of the Court.
13. 1 will not attempt to gain an unfair advantage by sending the Court or its staff
correspondence or copies of correspondence.
14. I will not arbitrarily schedule a deposition,Court appearance,or hearing until a good faith
effort has been made to schedule it by agreement.
15. 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience
for any party.
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests..1 will not resist discovery requests
which are not objectionable.I will not make objections nor.give instructions to a witness for
the purpose of delaying or obstructing the discovery process.l will encourage witnesses to
respond to all deposition questions which are reasonably understandable, I will neither
encourage nor permit mywitness to quibble about words where their meaning is reasonably
clear,
18. 1 will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. 1 will not seek sanctions or disqualification unless it is necessary for protection of my
client's lawful objectives or is fully justified by the circumstances.
IV.Lawyer And Judge
Lawyers and judges owe each other respect,diligence,candor,punctuality,and protection against
unjust and improper criticism and attack.Lawyers and judges are equally responsible to protect the
dignity and independence of the Court and the profession.
1. I will always recognize that the position of judge is the symbol of both the judicial system
and administration of justice.I will refrain from conduct that degrades this symbol.
2. Twill conduct myself in Courtin a professional manner and demonstrate my respect for the
Court and the law.
3. 1 will teat counsel, opposing parties, the Court, and members of the Court staff with
courtesy and civility,
4. 1 will be punctual.
S. 1 will not engage in any conduct which offends the dignity and decorum of proceedings.
6. 1 will not knowingly misrepresent,mischaracterize,misquote or miscite facts or authorities
to gain an advantage,
7, 1 will respect the rulings of the Court.
8. 1 will give the issues in controversy deliberate, impartial and studied analysis and
consideration.
9. 1 will be considerate of the time constraints and pressures imposed upon the Court, Court
staff and counsel in efforts to administer justice and resolve disputes.
{
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A RESOLUTION
i
NO. 4426-03-2015
AUTHORIZING EMPLOYMENT OF JOHN ALLEN CHALK, E
SR., AND THE LAW FIRM OF WHITAKER, CHALK, i
SWINDLE & SCHWARTZ, PLLC, AS OUTSIDE COUNSEL !
FOR LEGAL SERVICES RELATED TO THE I
MULTIPURPOSE ARENA AND SUPPORT FACILITIES
PROJECT, AND AUTHORIZING PAYMENT OF COUNSEL
FEES IN AN AMOUNT NOT TO EXCEES $50,000.00 f
WHEREAS, the City of Fort Worth has received necessary funding for the
Multipurpose Arena and Support Facilities Project;
I
WHEREAS, due to the speed in which the City must move, the complex
nature of the acquisition, and the importance of the Project, it is necessary to
retain outside counsel to assist the City Attorney in representing the City in j
acquiring property through eminent domain. f
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF `
THE CITY OF FORT WORTH, TEXAS, THAT: '
1. The City is authorized to retain John Allen Chalk, Sr., and the law
firm of Whitaker, Chalk, Swindle & Schwartz, PLLC, as outside
counsel under Chapter VI, Section 3 of the City Charter, for legal
services related to acquiring property through eminent domain for the
Multipurpose Arena and Support Facilities Project; and
2. The City is authorized to pay counsel fees to John Allen Chalk, Sr., j
and the law firm of Whitaker, Chalk, Swindle & Schwartz, PLLC, in '
an amount not to exceed $50,000.00.
Adopted this 17 1h day of March, 2015. �o��aza'9h� n
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION 'A N
�-_�__- _ __. _0Proved on`3/17/2015 Resolution;r_ 0 4'426 03-2015. ^�
DATE: Tuesday, March 17,2015 REFERENCE NO.: **C-27222
LOG NAME: 12RETAIN LEGAL COUNSEL FOR ARENA CONDEMNATION i
SUBJECT:
Adopt Resolution Authorizing Employment of John Allen Chalk, Sr., and the Law Firm of Whitaker, Chalk,
Swindle&Schwartz, PLLC, as Outside Counsel for Legal Services Related to the Multipurpose Arena and
Support Facilities Project and Authorizing Payment of Counsel Fees in an Amount Not to Exceed
$50,000.00 (COUNCIL DISTRICT 7)
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RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the employment of John I
Alien Chalk, Sr., and the law firm of Whitaker, Chalk, Swindle &Schwartz, PLLC, as outside counsel
under Chapter VI, Section 3, of the City Charter for legal services related to the condemnation of property
for the Multipurpose Arena and Support Facilities Project and authorizing payment of counsel fees in an
amount not to exceed $50,000.00.
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DISCUSSION:
In November 2014, the Fort Worth citizenry approved funding for the Multipurpose Arena and Support
Facilities Project in the Cultural District. This project necessitates the institution of an eminent domain i
action to acquire needed property. The speed in which the City must move, the complex nature of the
acquisition and the importance of the project requires additional Counsel to assist in completing the
acquisitions in a timely manner. The City Attorney and the City Manager have decided that because of
the extraordinary importance of this project, it is necessary to retain outside legal counsel with knowledge
and experience in eminent domain matters. John Allen Chalk, Sr., and the law firm Whitaker Chalk
Swindle&Schwartz, PLLC, are well recognized for their knowledge and expertise in eminent domain i
matters. These costs will be covered as a project cost from funds that have been previously allocated
under Mayor and Council Communication G-18388. j
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FISCAL INFORMATION/CERTIFICATION: '
The Culture and Tourism Fund includes supplemental appropriations of$200,000.00 for Other Contractual
Services related to the new Multipurpose Arena and facilities.To date none of these funds have been j
expended. Upon approval of this recommendation,the Financial Management Services Director certifies
that funds are available within the existing appropriations for these expenditures.
i FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG04 531200 0246050 $50.000.00
I CERTIFICATIONS:
I Submitted for City Manager's Office by: Susan Alanis (8180)
i Originating Department Head: Christopher B. Mosley (7603)
t
Additional Information Contact: Teresa Johnson (7604)
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Lognamc: 12RETAIN LEGAL COUNSEL FOR ARENA CONDEMNATION Page 1 of 1 �
FORM 1295 FACT SHEET
House Bill 1295 (codified at Section 2252.908 of the Texas Government Code) is a new law that applies to
many City contracts.
In order to comply with this new law, it is necessary that we adiust our M&C process.
1. What contracts are affected by House Bill 1295?
This new law applies to(all 3 criteria must be met):
• all contracts (including amendments, renewals or extensions) and purchase orders (because
purchase orders are contracts)
• with any business entity (including non-profits and sole proprietorships (individuals acting in a
business capacity and contracting with the City to provide a good or service), but excluding other
governmental entities,state agencies and public institutions of higher education)
• that must be approved by the City Council before the City can sign the contract.
2. What does the new law require?
The law requires that the business entity wishing to enter into an affected contract must submit a
completed, signed and notarized Certificate of Interested Parties (Form 1295) to the City before the
contract can be signed by the City(or the purchase order can be completed).
In other words,for any contract(including an amendment, renewal or extension)or purchase order with a
business entity that requires an M&C, a completed, signed and notarized Form 1295, with a Texas Ethics
Commission certification number, is also required.
The City must then file the completed, signed and notarized Form 1295 received from the business entity
with the Texas Ethics Commission.
3. How does the City receive a Form 1295?
Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an
electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The
business entity that wishes to enter into the contract must supply the completed, signed and notarized
Form 1295 to the City.
City staff should not provide a copy of the Form 1295 to any potential contractor because it will not have
the specific electronic certification number assigned by the Texas Ethics Commission. City staff should not
assist any contractor in filling out the Form.
1
4. How does the City intend to comply with this new law?
In order to comply with this new law, the City is imposing the following requirements for all M&Cs that
recommend approval of a contract (including an amendment, renewal or extension) or purchase order
with a business entity:
(a) The Department originating the M&C will be responsible for making all arrangements with the
contractor for delivery of the completed,signed and notarized Form 1295.
• In order to route the M&C,the originator must indicate in a new drop down form that:
o A completed Form 1295 is attached (public document);or
o Form 1295 is not required for the action requested.
(b) If the originator indicates that Form 1295 is attached:
• The originator must upload a copy of the completed, signed and notarized Form 1295, with
the Texas Ethics Commission certification number as an attachment to the M&C.
• The originator is responsible for determining that:
o each section of the Form has been filled in;
o the name of the business entity on the Form is the same as on the M&C;
o the Form has been signed;
o the Form has been notarized;and
o the Form has the Texas Ethics Commission certification number on it.
If any section of the Form has not been filled in or if the Form is not signed and notarized,
then the Form should not be uploaded and the M&C cannot be routed.
• The originator is not responsible for determining the accuracy of the information that has
been filled in.
(c) If the originator indicates that Form 1295 is not required,the originator must state in the M&C:
"Form 1295 is not required for this M&C because:
(select only one
• this M&C does not request approval of a contract with a business entity."
• this contract will be with a governmental entity, state agency or public institution of higher
education: (state name)."
• this contract legally does not require City Council approval."
(d) The City Secretary will be responsible for filing the completed, signed and notarized Form 1295
with the Texas Ethics Commission pursuant to State requirements. In addition, original copies of
any Form 1295 that you receive should be forwarded to the City Secretary.
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