HomeMy WebLinkAboutContract 37452CITY SECRETARY
CGN"i I�T NO.
June 10, 2008
Nicholas DiMichael
Thompson Hine LLP
1920 N Street, N.W.
Washington, DC 20036
Re: Representation of the City of Fort Worth —Surface Transportation Board Actions against
Union Pacific Railroad concerning the Southwest Parkway and City of Fort Worth Utility
Relocation and Extension Matters
Dear Mr. DiMichael:
The purpose of this letter is to formalize your engagement to provide legal representation to the
City of Fort Worth in connection with Surface Transportation Board (STB) actions against the
Union Pacific Railroad concerning the Southwest Parkway project and City of Fort Worth utility
relocation and extension matters. Your primary contact with the Department of Law will be
Assistant City Attorney, Amy Ramsey.
The following are the additional terms and conditions of your employment:
A. Billing
1. Fees will be paid by the City for your services at the rate of $530 per hour and for the
services of Jeffery O. Moreno and Jennifer A. Gartlan at the rate of $430 and $250 per
hour respectively. Do not cause the performance of services or incur reimbursable costs
exceeding $375,000 for the Southwest Parkway STB action or $25,000 for utility
relocation and extension STB action without prior written approval of the Department of
Law. As soon as you reasonably anticipate that your engagement may exceed the dollar
limits for one or both projects, please contact Ms. Ramsey to discuss future requirements.
2. Fee bills should be submitted monthly but in no case less frequently than quarterly to:
Department of Law
ATTN: Amy Ramsey
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth �r 1000 Throckmorton Street *Fort Worth, Texas 76102
817-392-7600 yt Fax 817-3924359
Nicholas DiMichael
June 10, 2008
Page 2 of 3
3. Fee bills should be itemized to include the following information:
a. The date of each service performed;
b. The project for which the service was performed;
c. A brief description of the service performed; and
d. The amount of time spent in performing the service
4. Please do not include past due invoice amounts in your current billing, as such practice
will delay payment until research can be done on the past due amount. Please stay
current with your billing. Services performed more than three months prior to initial
billing for those services will not be honored. If there is a delay in payment, please
contact Amy at (817) 392-7617 to resolve.
5. The City of Fort Worth will not pay for charges relating to word processing or computer
time, except Westlaw or Lexis. If charged separately for Westlaw or Lexis, such use
must be specifically described on the detailed billing. We do not anticipate that the
services you are being retained to perform will require extensive research, word
processing or computer time.
6. The City of Fort Worth will pay for photocopying at actual cost, which will generally not
exceed $.15 per page. When feasible, large copying projects should be sent to a copying
service. Clerical time for photocopying will not be paid. We do not anticipate that your
services will require large copying projects.
7. Telephone and delivery charges will be paid at actual cost. These services should be used
with restraint and only when necessary. The City of Fort Worth will not pay for ordinary
postage and facsimile charges.
8. We do not pay for overhead expenses. Overhead, computer time, and preparation of fee
bills are not reimbursable items unless specifically approved.
9. We do not anticipate that overnight travel will be required for the performance of this
agreement. If you find it necessary to travel in connection with this agreement, travel
arrangements should be discussed with Ms. Ramsey in advance.
10. Except during travel described above, we do not reimburse for the cost of meals. If
business is conducted during a meal, appropriate charges may be made at normal hourly
rates, but charges for food, beverages, etc., will not be reimbursed.
11. The City of Fort Worth reviews each fee and expenses bill to determine the
reasonableness of the charges and the necessity and cost-effectiveness of the service
and/or expense. In this regard, we may from time to time ask for additional supporting
information regarding your services.
12. You will provide the certification attached as Exhibit A with each of your bills.
OFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Nicholas DiMichael
June 10, 2008
Page 3 of 3
B. Other Conditions of Employment
1. Conflicts of Interest
The City of Fort Worth expects the highest ethical standards in your representation %J the
City. You must be free of conflicting interests. Please provide me with a list of
potentially conflicting representations with your acceptance of this agreement or an
affirmative statement that no potentially conflicting representations exist. Any potential
conflict must be discussed with us as soon as you recognize its existence. Should a
conflict or a potential conflict arise during your representation hereunder, please notify
the undersigned immediately so that we may meet and resolve the matter.
We reserve the right to decide whether an actual or potential conflict exists. If, in our
opinion, an actual or potential conflict does exist, you will not be permitted to go forward
with your representation until the situation has been resolved.
If the agreement set out above is acceptable to you, please sign the Acceptance attached
hereto and return it to me. If you wish to discuss any aspect of your representation
further before accepting, please call me at (817) 392-7606.
We look forward to working with you.
Sincerely,
David L. Yett
City Attorney
Enclosures
cc: Dale Fisseler, City Manager
Fernando Costa, Assistant City Manager
Amy J. Ramsey, Assistant City Attorney
Approved:
Fernando Costa
Assistant City Manager
Marty i�a��xR��a
Contract Authorization
1� 0�
Date
S�/s�o8
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTANCE
To: City of Fort Worth
This is to acknowledge that I hereby agree to represent the City of Fort Worth with regard to
Surface Transportation Board actions against the Union Pacific Railroad concerning the
Southwest Parkway project and City of Fort Worth utility relocation and extension matters in
accordance with the terms and conditions specified in the City's letter of June 10, 2008.
OFFICIAL RECORD
CITY SECRETARY
FT: WORTH, TX
EXHIBIT A
CERTIFICATION
Surface Transportation Board actions against the Union Pacific Railroad concerning the
Southwest Parkway project and City of Fort Worth utility relocation and extension matters.
The attached bill of fees and expenses is submitted in compliance with the terms and conditions
of my engagement for representation. Underlying documentation for fees and expenses will be
retained for three years after payment for review by City of Fort Worth, if requested.
Nicholas DiMichael
Thompson Hine LLP
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT B
CONFLICTS
have carefully reviewed the cases in which I am currently involved and certify that do
not have a conflict in the representation of the City of Fort Worth concerning in connection with
Surface Transportation Board actions against the Union Pacific Railroad concerning the
Southwest Parkway project and City of Fort Worth utility relocation and extension matters. I
agree to notify City Attorney David Yett immediately if a conflict or potential conflict arises.
I have carefully reviewed the cases in which I am currently involved and have attached a
list of potentially conflicting representations.
Thompson Hine LLP ,
OFFICIAL RECORD
CITY SECRETARY
FT: WORTH, TX
SUBJECT:
Adopt a Resolution Authorizing the City Attorney to Retain Thompson Hine, LLP, to Represent the
City of Fort Worth in Surface Transportation Board Actions Against Union Pacific Railroad
Concerning Southwest Parkway, 121T, and Utility Relocation and Extension Matters
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to retain
the law firm of Thompson Hine, LLP, for an amount not to exceed $400,000 to represent the City of Fort
Worth in Surface Transportation Board Actions against Union Pacific Railroad concerning Southwest
Parkway, 121 T, and utility relocation and extension matters.
DISCUSSION:
The City of Fort Worth, the North Texas Tollway Authority (NTTA) and the Texas Department of
Transportation (TxDOT) are Project Partners under a trkparty agreement for the Southwest Parkway (121T)
project. On December 20, 2005, (M&C G-15050) the City Council declared the necessity of taking a partial
or whole interest in 53 parcels needed for the right of way required for the Southwest Parkway. Staff has
negotiated in good faith with the Union Pacific Railroad (UPRR) to acquire necessary property interests in
and around the UPRR Davidson Yard. However, negotiations have been unsuccessful to date and the next
step is to seek a decision from the Surface Transportation Board (STB).
Due to the importance of these issues and the extraordinary nature of STB proceedings, it is necessary to
retain outside counsel pursuant to Chapter VI, Section 3, of the City Charter. Jeffery Moreno and his
associates of the law firm of Thompson Hine, LLP, have expertise in the legal processes and requirements
related to the STB.
City staff suggests that the estimated $750,000 cost for Thompson Hine, LLP, to represent both the City of
Fort Worth and the NTTA under a joint petition to the STB be shared equally ($375,000 City and $375,000
NTTA). It is anticipated that the NTTA Board of Directors will consider a reciprocal action item at its April 16,
2008 meeting.
In addition, City staff recommends an independent STB determination concerning City utility relocation and
extension matters associated with UPRR property at an estimated cost of $25,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget as appropriated of the
2007 Critical Capital Projects Fund.
Logname: 12THOMPSONHINE Page 1 of 2
TO Fund/AccounuCenters
FROM FundlAccountlCenters
C2)5 531200 303210000542 $400.00D.00
Submitted for City Manager's Office K, Fernando Costa (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Amy Ramsey (7617)
Logname: 12THOMPSONHINE
Page 2 of 2
NO. 3615-04-2008
AUTHORIZING THE CITY ATTORNEY TO RETAIN THE LAW FIltM OF THOMPSON
HINE LLP TO REPRESENT THE CITY IN SURFACE TRANSPORTATION BOARD
ACTIONS AGAINST THE UNION PACIFIC RAILROAD CONCERNING THE SOUTHWEST
PARKWAY (121T) AND UTILITY RELOCATION AND EXTENSION MATTERS
WHEREAS, there are legal issues concerning the Southwest Parkway (121T) and Union Pacific
Railroad property that may require a determination by the Surface Transportation Board in Washington,
D.C.; and
WHEREAS, there are utility relocation and extension issues related to Union Pacific Railroad
property that may require a determination by the Surface Transportation Board; and
WHEREAS, because of the extraordinary importance and nature of these issues, it is necessary
to retain outside legal counsel to assist the City; and
WHEREAS, Jeffery Moreno and his associates of the law fum of Thompson Hine LLP located
in Washington, D.C. have expertise in the legal processes and requirements related to the Surface
Transportation Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
1.
That pursuant to Chapter. VI, Section 3, of the City Charter, the law firm of Thompson Hine
LLP is employed to provide the City Attorney's Office legal services pertaining to Surface
Transportation Board actions.
That as far as practicable, the compensation to be paid to Thompson Hine LLP for these
services is hereby fixed in an amount not to exceed $400,000 ($375,000 for the Southwest Parkway
matter and $25,000 for the utility relocation and extension matter).
PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas on -this the
15�' day of April, 2008.
APPROVED
ATTEST: CITY COUNCIL
Marty
City S
APR 2008
City Secretary of the
Cily of Fort worth, Texas