HomeMy WebLinkAboutResolution 3006~:
A Resolution
NO ~~p
WHEREAS, a need has arisen to address various legal issues including, but not
limited to environmental matters concerning SH 121T (Southwest Parkway) and
WHEREAS, Alan Glen of the law firm of Smith Robertson Elliott & Glen was
retained to assist the City Attorney in representing the City regarding legal issues
concerning SH 121 T and
WHEREAS, Resolution 2978 was adopted fixing in advance the amount to be paid
to that firm of $30 000 00 and
WHEREAS, Alan Glen has billed the City $21 848 57 to date and
WHEREAS, there are numerous issues pending to be researched and it is
anticipated an additional sum of $30 000 00 will be needed to reimburse Alan Glen
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
That the City Manager or his designee be authorized to compensate Smith,
Robertson, Elliott & Glen in an amount not to exceed $60 000 00
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Adopted this _~~ ___ day of _________________ 20
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APPROVED AS TO FORM AND LEGALITY ATTEST
City Attorney
_ 08/15/03 14 52 FAX 512 225 58x8 SREG LAW f7j002/008
SMITH ROB1~RTSON ELLIO7T t;i GLEN L.L.P
wYYOftN EYB AT /~W
1717 WEST SIXTH STREET SUITE 3ocl
AUSTIN TEXAS 78703
(512) 225-5800
FAX (5121 225.5834
ALAN M GLEN DIRECT D~AI. NUMBEF•
F'ARTN ER ~S l z 225-5BO l
August 15 2003 I ~I~ E22 ~Bi
G-Ma1L: aglent~sreglaw.com
VIA FACSIMILE (817) 871-8359.
Marcia E. Wise, Esq.
Clty of Fort Worth
City Attorneys' Office
1000 Throckmorton Street
Fort Worth, TX 76102
Re• Representation of City of ,Fort Worth-SH 1?IT .Project
Dear Ms. Wise•
Z am trdlnSmltt7ng to you herewith a signed copy of the eizgagement letter you provided, as
well as a signed copy of the `Exhibit B--Conflicts" statement. We very much appreciate the
Clty of Forth Worth s retentioa~ of our firm, and we look onward to working with you in
connection with the SH121T Project.
As I mentioned in an email to you, yesterday Craig Dot glas and I met with Mike Weaver
and Scott Polikov at Pnme Strategies. Mike and Scott provide d a verbal review of the Project's
background and some of the current issues, as well as a nunc.ber of documents which we will
review over the next few days. As soon as we have comple•:ed that review and have a basic
understanding of the Project background and status I will contact you regarding further
aSSI gnment5.
We greatly appreciate this opportunity to be of service t:~ the City of Fort Worth.
Best regards,
,~
~,
lan M. GI
AMG/mvd
Enclosures
00000014.1
08/15/03 14 52 FA% 512 225 5838 SREG LAW
Y
•
08/14/03 TflU 15 35 FAX 8178718x59
FORT WORTH CITY ATTORNEY
FORT WORTH
August 14 2003
Mr. Alan Glen
Smith, Robertson, Elliott & Glen, LLP
1717 West Sixth Street, Suite 300
Austin, Texas 78703
Re: Rcpresentahon of City of Fort Worth- S1-Y I21T Pro~ec•
Dear Mr Glen.
The purpose of this letter is to formalise your engagement t,;~ provide legs] representation on
behalf' of the City of Fart Worth in eonn,ectioa with the S7d 121T Project, including but not
limited to NE~A issues. Your duties will include con#'erririg with City stag drditi~g 1egg1
opinions; attending meetings witb, City staff and citizens; pzepa:~ing documents and rcvlewing the
documents prepared by City staff; attending one or more Cti ty Council meetings; and giving
advise on procedures. Yt is my understanding that you may a14'o be working w,.th J B Ruhl and
Craig Douglas, as 'well as other attorneys in your firm to provide this repzesentation. Youx
primary contact with the City will be Marcia Wise in the City Attomey's office. Ms. Wise will
provide you the specific work assignments in connection with tlvs agreement.
The following are the additional terms and conditions of your employment:
A. Billing
Four fees will be paid by the City at thy, raze of $250 per ho~Ur. You have
stated that J $. Buhl .charges $250 pet hour and Craig Douglas charges
$200 per hour Do not perform services or Incur r®imbursable costs
exceeding $30,000.00 without prior written approval of the City
Attorney's office. Please contact Ms.17~ ise when aggregate billing on this
file reaches $20,000 or as soon as yogi reasonably anticipate that your
engagement nsay exceed the $30,000 CO Level, wh~chaver is sooner, to
discuss future requirements.
2. Pee bill should be submitted monthly t ut m no c8.se less frequently than
quarterly to:.
City Attolney's Office
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102
Attn. Marcia B. Wise
OFFICE OF THE CjTY ATTOF.1~tEI~
THE CctY OF FORT WORTH # 1000 THROCKMORTON STaF.~T + FORT 11VORTfl, TexAS 76102
(817) 871 7600 t Fax (Sid 871-S;i59
~f 002
Printed ea ,edreseu paoeY
l~l003/008
OS/15i03 14 52 FAX. 512 225 5838 SREG LAW X004/008
08/14/OJ T'gU 15 35 FAX 8178718368
FORT WORTH CITX A'IZORNEY
(~ 003
Mr. Alan Glen
August 12, 2003
Fage 2
3 Fee bills should be item~ed to include thi: following information.
a. The date of each service performed,
b A brief description of the service perfoaaed; and
e. The arnouat of time spent in pexfurming the servlce
4 Please do not include past due invoice amounts in your current billing, as
such. practice will delay payment until 'esearch ca7a be done on the past
due amount, Please stay current with ,,roar billing. 5erv~ces performed
more than three months prior to anitial billing for those services will net be
honored. Yf theta is a delay in payment, please contact Marcia Wise at
(817 871 7607 to resolve_
5. The City of Fort Worth will not pa;y for charges relating to word
processing or computer time, except Westlaw or L' exis. If charged
separately fur Westlaw or Lex~.s, such r,se must be specifically described
on the detailed billing. We do not anl'i,cipate that the services you are
being retained to perform will require e~l.tenslve research, word processing
or computer time. If that is incorrect, please contact Ms. Wise to explain
the naed for extensive reseazch.
6. The City of Fort Worth. will pay for p]:~otoropying at actual cost, which
will generally not exceed $.15 par pages. When feasible, large copying
projects should be sent to a eopyiaig service. Clerical tame for
photocopying will not be paad_ We do not anticipate that your services
will require large copying projects.
7 Telephone and delivery charges will be i:raid at actual cost. These services
should be used with .restraint and only i~rhen ]accessary The City of Fort
~1~Torth will not pay for ordinary postage Ind facsimile charges.
We do not pay for overhead expenses. Ctverhead, computer time, local fax
charges, and preparation of fee bills a::e not reimbursable items unless
specifically approved.
9 When travel is required rrr connect.on with this agreement, travel
arrangements should be discussed with r~2s. Wise in advance.
10 Except duzm.g travel descn~bed abov'c, v~~e do not reimbu¢se for the cost of
meals, if business is conducted during ~ meal, appropriate charges may be
made at notm,at hourly rates, but charge.;; for food,. beverages, eke., will not
be reimbursecL
08/15/03 14 53 FAX 512 225 5838 SREG LAW 1~J005/008
08 14/03 THU 15 36 FAX 8176718359
lvYr. Alan Qlen
August 12, 2003
Page 3
The City of fort Worth expects the highest ethical standards in your
representation of the City You mus~ be free of conflicting interest.
Please provide me with a Irst of potea:~tlally conflicting representtttior-s
with your acceptance of this agreement ar an affirmative statement that no
potentially conflicting representations must. Any potential conflict must
be discussed with us as soon as you n,:cogpize Yts existence. Should a
conflict or a potential conflict arise during your representation hereunder,
please notify the undersigned inlmedi,ntely so that we may meet and
resolve the matter
B, Other Conditions of Employment:
1_ Conflicts of Interest
•
~Ye reserve the nght to decide wheth~,a• sa actual or potential conflict
exists. If; in our opiruoa, an actual or potential corttlict does exist, you
will not be permitted to go forward v~zth your representation until the
situations has been resolved.
If the agreement set out above is acceptable to you, please sign the Acceptance attached hereto
and return it m me: If you wish to discuss any aspect of ~; our representation further before
accepting, please call me at (81'n 8717606.
1vlr. Glen, we look forward to working with yott. With best pc~•soaal regards, I am
Sin ely yours,
- 4~
David L. Xatti
City Attorney
Encl.
FORT WORTH CITY ATTORNEY
11 The City afFort Worth reviews each fee and expense bill to determine the
~onableness of rho ehazges and the n~,.cessity and cost effect~venese of
the service and/or expense. In this regard, we may from time to time ask
for additional supporting infoanation reg~irding your services,
12. You will provide the certification. attached as Exhibit A with each of your
bills.
Cc: Gary W Jaelcson, City Manger
@004
03/15/03 14 53 FAX 512 225 5838 SREG LAW
08/14/03 THLT 15 38 FAX 8178718359
N!r .Alan Glen
August 12, 2003
Page ~
ACCEPTANCE
To City of Fort Worth
FORT WORT$ CITY A7;TORNEY
This ~a to acknowledge that I hereby agree to represent the City of gozt Worth with regard to the
S~ 121 T Project in accordance w-,th the terms and conditlona apeeifed in the City's letter of
August 12, 2003
lJ~--~
Al Glen
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Cran~~g -~ ou$las
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Da-- to t~ -
X1006/003
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o8i15i0J 14 5J FAX 512 225 588 SREG LAW
08/14/oJ TATJ 15 36 FA$ 8178718969
1V1r Alan Glen
August 12, 2003
Page S
EXHIBIT A
CBR~'~YCATYON
SH 121 T PROJECT
FORT WORTR CITY ATTORNEY
l~j 007/008
C~joOs
The attached bill of fees and expenses ~s submitted in comphaa~.ce uvlth the terms and conditions
of my engagement for representation. Underlying documeuts.tion for fees and expenses wi11 be
retained for three ycazs after payment far review by City of k'or1: Worth, if requested.
r~
03/15/03 14 53 FAX 512 225 5838 SREG LAW
OB/14/oS THU 15 9H FAg 6178718358
•
Mr. A1sn C~IeA
August 12, 2003
page 6
EXHIBIT B
CONFLICTS
FORT WOR'T'H CITY ATT'ORNEY'
(~1oos/oo8
(~- 007
I leave c0.refiilly reviewed the cases in which I am currently iUVOlued and certify that I do not
have a conflict is the represmtation of the City of Fort Worth coneern~eng SI-I I21 T project. I
agree to notify City Attorney Dared L. Yeti immediately if Q conflict or potential contliet arses.
Y have carefully reviewed the cases in which i am currently xuvolved and have attached a list of
pottutially conflictma representations.
B- t5"- ~3
U
Date
i
03/15/03 14.52 Ft1X 512 225 588 SREG LAW
_ ~J001/008
~=
SMY~'1,f, ROBERTSON, ELLIOTT & GLEN L.L.P
PTTORN,sYS AI'LwW TEIi.ECOPY TRAN5iVIlTTAL
1717 WPST SIXTH STRT,ET SUITE 350 COVER SHEET
AuSTIIV, TEXAS 78703
To. Marcia Wise, Esq. From: Al~.n M. Glen
Company City of Fort Worth Date; Au;~ust 15, 2003
Number of
Fax No. (817) 871-8359 Pages, ;~
Iacludiag This
Sheet:
Reply to Ph~.mc: (512) 225-5801
RE. FIRM CHARGE Sender: E-l~~iait. agien@sreglaw.com
Fa.,,: (512) 225-5821
NOTICE
This facsimile transmission is intended for use only by the recipient named above and, unless otherwise
expressly indicated, is confidential aid privileged information. Any dls:~emination, distribution, or copying of
this material, is part or in •its entirety, is prohibited. If you receive tb.is facsimile in error or are other~visc
not the intended recipient, please notify the sender by electronic mail or by telephone at our expense and
destroy the copy you received immediately
COMMENTS.
P:\Pliblic Docamcnts44try~AMC\AMG Clien~.Maticts\9498-1 City of Port Worth\Faxes\o+isc.l'az.AMG.doc
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/21/2003 Resolution No. 3006
DATE Tuesday October 21 2003
LOG NAME 12GLENINCREAS
REFERENCE NO **G-14126
SUBJECT
Authorization to Increase the Maximum Amount to be Paid to Alan Glen of Smith Robertson Elliott,
& Glen for Assistance in Legal Issues Concerning SH121T
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to adopt the attached resolution fixing in
advance as far as practicable the amount to be paid to Alan Glen of Smith Robertson, Elliott, and Glen an
additional $30 000 00 making the total amount not to exceed $60 000 00
DISCUSSION
On August 7 2003 by adoption of M&C G-14041 and Resolution No 2978 the City Council approved Alan
Glen of Smith Robertson Elliott and Glen to assist the City Attorney in representing the City regarding legal
issues including but not limited to environment matters concerning SH121T The Mayor and Council
r- Comunication and Resolution authorized payment to Alan Glen for his services in an amount not to exceed
', $30 000 00
To date Alan Glen has billed the City $21 848.57 for his services The issues remain pending and it is
anticipated that in addition to the $30 000 00 originally authorized by the City Council an additional sum of
$30 000 00 will be needed to reimburse Alan Glen for his research and advice Accordingly it is
recommended by the City Attorney and the Finance Department that the total amount authorized to be paid
to Alan Glen for his services be increased to $60 000 00
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current capital budget, as appropriated of the
Street Improvements Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 531200 030115021102 $30.000.00
Submitted for City Manager's Office by_ Richard Zavala (Acting) (6183)
Originating Department Head. David Yett (7623)
Additional Information Contact: Marcia E. Wise (7623)
Logname. 12GLENINCREAS Page 1 of 1
~`
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City of Fort Worth, Texas
~1-~Ayar And C,aunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
8/7/03 **G-14041 12000NCIL 1 of 1
SUBJECT ADOPTION OF RESOLUTION AUTHORIZING EMPLOYMENT OF OUTSIDE LEGAL
COUNSEL FOR ASSISTANCE IN LEGAL ISSUES CONCERNING SH121T
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager or his designee to retain the law firm of Smith Robertson Elliott & Glen
and designate Alan Glen`as outside counsel pursuant to Chapter VI`Section 3 of the City Charter
to assist the City Attorney in representing the City regarding legal issues including, but not limited
to environmental matters concerning SH121T and
2. Adopt the attached resolution fixing in advance as far as practicable that the amount to be paid
Smith Robertson Elliott, & Glen not exceed $30 000
DISCUSSION
On August 27 2002 (M&C C-19212) the City Council approved appropriation ordinances and
authorized the City Manager to execute various agreements regarding the SH121T project.
ose_agreements was a contract for legal services regarding SH121T issues with the law firm
One of th
_
oflKelly Hart, and Hallman for an amount not to exceed $30,000
___._~. a ~___d.~ _._._
Hart and Hallman determined it co_ uld not_enter_the.~.proposed
Subsequently the"law firm of Kelly
_
,~
~agreement~because of conflicts of interest regarding existing clients
~
_ _._.-a- -- - m
As a result, it is now recommended that the law firm of Smith Robertson Elliott & Glen be hired to
advise the City Attorney on legal issues including environmental matters regarding SH121T
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
RZ. k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CTTY SECRETARY
Office by: (to)
Richard Zavala (Acting) 6183
Originating Department Head:
APPROVED 8/7/03
David Yett 7623 (from) RESOLUTION #2978
C115 531200 020115021102 $30 000.00
Additional Information Contact:
/!
Marcia Wise 7607