HomeMy WebLinkAboutContract 51027 ,b a FORTWORTH
CITY SECRETARY`12 �
CONTRACT N0.
July 25, 2018
Robert T. Stewart
Kelly Hart& Hallman, LLP
303 Colorado, Suite 2000
Austin, TX 78701
RE: Potential Citizen's Suit by Penna Group, LLC
Dear Bob:
The Fort Worth City Attorney's Office will be handling the administrative aspects of your
representation of the City in the above captioned lawsuit (matter). The purpose of this letter is to
formalize your engagement as the City's counsel pursuant to the City of Fort Worth's Policy on
the Engagement of Outside Counsel (attached as Exhibit "A"). I have been assigned to the case
as the Reviewing City Attorney and will be your primary point of contact during your
representation of the City.
You are being retained to represent the City pursuant to Chapter VI, Section 3 of the City Charter
due to your knowledge and expertise in environmental law. This agreement does not in any way
authorize you or your firm to enter into settlement agreements involving public funds. Any and
all settlement offers and agreements involving the payment of public funds by the City of Fort
Worth must be approved by the City Manager or by the City Council of the City of Fort Worth,
depending on the amount of the settlement.
Your services will be utilized in representing the City throughout the preparation and trial of this
case only. We shall, of course, discuss your role beyond the trial of this case and any appeal in
advance.
OFFICIAL RECORD
CITY SECOWARY
OT,VRTj1j`I"X
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth*200 Texas Street*Fort Worth,Texas 76102
817-392-7600*Fax 817-392-8359
Attorney Engagement Letter
Page 2
If these terms are acceptable to you, please sign the attached Acceptance Letter and return it to
me. If you wish to discuss any aspect of your representation further before accepting, please call
me at (817) 392-8984.
"*ncereiy,
Christa K. Ieky- blds
Reviewing City Attorney
Encl.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Acceptance of Representation of the City of Fort Worth In
&+e�etitN Site msor
TO: City of Fort Worth
C/o_ chrimmmids (Reviewing City Attorney or City Attorney)
This is to acknowledge that I hereby agree to represent the City of Fort Worth in connection with
environmental legal issues regarding the Brennan Site inching the federal lawsuit threatened by the
Penna Group, in accordance with the terms and conditions as specified in the City's Engagement Letter
and the City of Fort Worth's Policy on Engagement of Outside Legal Counsel.
? 1,?6 //8
Robert T Stewart Date
OFFICIAL,RECORD
CI'T'Y 81CRETARY
FT.WoRrHo TX
EXHIBIT"A"
CITY OF FORT WORTH
OFFICE OF THE CITY ATTORNEY
POLICY ON ENGAGEMENT OF OUTSIDE LEGAL COUNSEL
1. DEFINITIONS
A. "Reviewing City Attorney" means the Assistant City Attorney who has been assigned to
supervise the Firm's provision of legal services in accordance with the terms of the
professional services contract between the Firm and the City.
B. "City"means the City of Fort Worth,Texas.
C. "Firm" means the outside law firm (or attorney) retained by the City to provide legal
services to the City.
11. INTRODUCTION
When contracting with the Finn, the City of Fort Worth expects to receive the highest caliber of
professional legal services at the most reasonable price. All Firms providing legal services to the City
shall comply with the provisions and directives contained in this Policy. Unless specifically agreed
otherwise in writing, this Policy on Engagement of Outside Legal Counsel ("Policy") shall
supplement any related Agreement between the Firm and the City. To the extent one or more
provisions of the Policy are inconsistent with the terms of the Agreement,the Agreement will govern
as to the inconsistent Policy provision.
111. THE FIRM'S PROVISION OF LEGAL SERVICES
k The Firm's Staff
1. Concurrent with execution of the Agreement, the Firm shall advise the Reviewing City
Attorney which lawyer(s) in the Firm will provide such legal services. Firm shall not
use or bill for additional lawyen or staff without prior approval by the Reviewing
City Attorney.
2. Unless otherwise agreed to by the Reviewing City Attorney,only two attorneys)from the
Firm shall attend meetings, depositions, arguments, discovery bearings, motion
conferences, and so forth. The City will not pay for the participation or attendance of
more than one attorney at events absent the Reviewing City Attorney's prior written
approval. In the case of trials and major hearings, the Firm may have additional Firm
Members or employees attend,with the Reviewing City Attorney's prior written approval.
3 As the Firm has been retained due to its expettise, the City will not pay and the Firm
shall not bill or invoice for any time spent or expenses incurred in educating Firm
Chy of Fort Worm's Folly on dw Enpp nwm of outside Counsel 1
members or employees in procedural matters or the substantive law applicable to the legal
matter the Firm is reviewing for the City.
4. The City acknowledges that staffing changes at the Firm may be necessary from time to
time. However,once the Firm's attorneys or legal assistants have begun reviewing a legal
matter for the City, the City will not pay, and the Firm will not bill or invoice, for any
resulting"downtime,""learning time,"or expenses that may result from a staffing change
at the Firm.
H. Coordination of Work with the City Attorney's Office
1. The Firm shall inform the Reviewing City Attorney of any relevant development,
relating to the legal matter being handled by the Firm,including(but not limited to):
a. Due dates for.-
(1)
or:(1) Responses to pleadings.
(2) Responses to discovery.
b. Hearing and trial dates.
c. Briefing deadlines.
d. Motion deadlines.
e. Witness meetings and depositions.
2. If the Reviewing City Attorney needs to be present at a meeting with the Firm, then the
Firm shall schedule the meeting at a time and place convenient for the Reviewing City
Attorney.
3. The Firm must promptly provide drafts of any original briefs, pleadings, or other
documents ("Documents") it creates in the course of handling a legal matter for the City
to the Reviewing City Attorney, for his or her approval and a copy of documents once
finalized. The City shall not pay the Firm for the fres and expenses the Firm incurs in
creating such Documents until the Firm provides them to the Reviewing City Attorney.
4. The Firm shall ensure that the Reviewing City Attorney receives copies of the
following items in a timely manner.
a. All pleadings filed by all parties involved. Pleadings shall include motions and
exhibit documentation.
b. All correspondence between the parties,their counsel, or the court.
City of Fat Worth's Policy on the Engagement of Outside Counsel Z
_ 1
3. In cases Involving litigatkm the Firm shall provide a pro-trial memorandum of legal
issues and potential outcomes to the Reviewing City Attorney at least two weeks
before commencement of the trial. The Firm shall pmvids a posttrial memo If requested
by the Reviewing City Attorney,
6. The Firm shall Issue no press release. announcement or other release of information
relating to legal matters on which it repmeents the City (or any party the City employs
Firm to represent)without the prior consent of the Reviewing City Attorney.
C. Legal Resoorea
1. The Firm's Use of the City Attorney's Office's Legal Resources
a. In order to reduce the City's legal costs where practicable, the Firm's attorneys
shall make use of the Iegal personnel in the City Attorney's Office, as well as
any other personnel or facilities of the City. For example,the City's legal staff can
help the Firm prcpare discovery responses or schedule matters associated with the
appearance or participation of City employees or ofricers. The Reviewing City
Attorney will assist the Firm in coordinating such activities.
b. Prior to undertaking a Wo research project, the Firm shall ask the Reviewing
C it y Attorney to provide any research the City Attorney's Office has already
perfomwd regarding the legal matter the Firm is to handle for the City. Further.
before the Firm undertakes a legal research project, the Reviewing City
Attonmy's prior approval is required.
c. In some cases. the Firm's attorney and the Reviewing City Attorney may share
responsibilities for:
1. Document retrieval;
2. Pre-trial discovery;
3. Witness preparation;
4. Hearings;
S. Trial;and
6. Appellate work and argument.
2. Firm's Use of Other Legal Resources. When handling a legal matter for the City,the Firm
WWI use paralegal pe unnel whenever possible in order to reduce the City's overall
legal costs.
City of Font Worth's Pe ft on the Aagsgetnent of Outside Cowwl 13
t
IV. PAYMENT
A. Tke Finn's Budget and Billheg Policies
1. Before the Firm begins handling a kgal matter for the City, it shall provide to the
Reviewing City Attorney an initial budget which shall include, at a minimum, a list of
each specify legal service the Firm shall perform for the City,and include:
a. A detailed estimate of all fees, expenses, and coats the Firm shall charge for each
kgal service to be performed by the Firm;
b. The kientity and billing nue of each of the Firm's attorneys and paralegals who are
to perform each legal services;and
c. The amount of time the Firm cpocts to take to perform each legal service.
2. The Firm shall update its budget every six months or mono tirquendy when requested by
the City Attorney or Reviewing City Attorney. The Firm shall provide a copy of each
revised budget to the City Attorney and Reviewing City Attorney,and shall point out and
ex*m each material modification or change from previous budgets.
I tf It brra+rra+tePpemW to the Fkm AN&will d let budgcet,tike Fkm aunt pr+ mpdy
m% y the Re4rwkq CIV AlOw ey Iw w *W& db=%irg In detolJ At rs ss"(s) **y
d w fires a gmeer so or lues~r ws Its budget
4. The City will not pay any amount in excess of the Firm's budget without the prior written
approval of the City Attorney and,where appropriate,the City Council.
S. Iavoica arc to be submitted on or before the fist business day of the month following the
month in which services are rendered and expenses ineumxL Failure to submit timely
invoices each month may result in the City denying or reducing payment for the
invoiced amounts to the extent the invoiced amounts are (a) unverifiable or disputed by
the Reviewing City Attorney or (b) otherwise prohibited or restricted as described in
Section V,Monitoring Contract Funds.
B. The Fist's L q*Fera
1. The Firm shall bill the City oa a asoatbly basis as follows:
a. The Firm shall idere* the total amount to be charged to the City for all kgal
services provided by the Firm.
b. The Firm shall provide a billing report for each specific legal service perfortned by
the Firm as identified in the Firm's budget. For each such legal service, the
billing report shall record:
1. each date on which the legal service was performed,
Ctky strut herd reficy an de Eep"enast of outside Canso 14
2. the time expended performing legal services on each date,
3. each member of the Firm,who performed this kgal service during this day,
4. the billing rate of each member of the Firm so identified,and
5. the total charge for performance of the legal service by each Firm member
during this day and time. A sample of this billing report is included in
Exhibit"B1".
2. All time billed by the Firm shall be in increments of 6 minutes (1/10 of an hour) and
shall specifically identify the legal service performed by the Firm's personnel during that
tim in accordance with the list of legal services identified in the Firm's budge!~
3. Block billing is unacceptable. Any bills received by the City containing block billing will
be rejected and returned to the firm for more detailed billing information. Each task and
its corresponding time entry shall be identified separately.
4. If the Firm expects to be compensated for a conference between two or more of the
Firm's personnel without any participants from outside the Firm,then;
a. The Firm employees shall not each charge the City for their time spent
participating in the conference at their individual hourly billing rates. Instead, the
Firm shall be compensated for the conference at an amount that is equal to a
"special conference hourly billing rate"multiplied by the length of the conference
(in hours). The"special conference hourly billing rate"shall not exceed 15Wo of
the highest billing rate associated with the conference, which the Firm may
determine in either of the two following ways:
1. As equal to the per-hour billing rate of the Firm employee participating in
the conference with the highest per-hour billing rate,or
2. As equal to the pro rata billing rate for the conference, which shall be
calculated as follows:
a. Each member's hourly billing rate is multiplied by the number of lours
that member participated in the conference:
b. Each member's individual per-hour billing rate charge is added together
to arrive at the total amount of charges associated with the conference;
and
c. The total amount of charges associated with the conference is divided
by the number of Firm members participating in the conference.
b. The Firm must justify such an expense in writing at the time the bill for
C&y of Fort Wa*ls Policy on the loppwapt of Outside Coumel Is
such a meeting is presented to the City, including a description of tow the Firm
arrived at the "special conference hourly billing rate" charged to the City for this
conference.
S. The Public Information Act makes attorney fee invoices public. The Firm should exercise
caution in the information included in the billing invoice to avoid waiver of confidential or
privileged information. As an example, disclosure of consulting expert's names in a
billing invoice should be avoided.
C. The Firm's Expenses
1. The City shall reimburse the Firm for the actual cost of out-of-pocket expenses incurred
by the Firm which are related to the legal matter the Firm handles for the City, as
follows:
2. Specific Expense Provisions
a. Photocopy
1. Any photocopy expenses incurred by the Firm at a cost of more than 10
cents per page must be approved in advance by the Reviewing City
Attorney.
2. Any photocopy costs in excess of $500 for a single job must be
authorized in advance by the Reviewing City Attorney.The Firm's request
for approval of such photocopy costs must be accompanied by cost
estimates provided by at least three (3) photocopy vendors, one of which
may be the Firm itself.
3. Notwithstanding(1)and(2)above,the Firm shall use vendors such as court
reporters and copying services under contract with the City whenever
possible. The Firm should ask the Reviewing City Attorney to identify
such contracts for its use.
b. Travel Expenses.
1. The Firm shalt exercise pnxk= in incurring travel expenses. Travel
expenses for lodging, meals, and out-of-town trmsportation shall be at
reasonable rates and consistent with the City's travel policies. It shalt be
the Firm's responsibility to apprise itself of the City's travel policies; if
clarification of such policies is required., the Firm may contact the
Reviewing City Attorney for such clarification.
2. The Firm shall not charge for any time a Firm member spends
traveling or providing legal services during travel, unless otherwise
approved in advance by the Reviewing City Attorney.
City of Fort lYaWs Policy on eta 1 npSemew of Outside Coumel 16
3. Whenever the Firm wishes to have more than one Firm member incur
travel expenses related to the legal matter the Firm is reviewing for the
City, the Firm must request and obtain advance approval from the
Reviewing City Attorney for such travel expenses. This requirement
applies regardless of whether the different Firm members incur travel
expenses at the same time or at different times.
4. The Firm shall not charge for time or mileage while traveling within the
City limits.
c. Telephone/Telecommunications Expenses.
1. The City shall not pay for any of the Firm's local telephone expenses.
2. The maximum time the City shall pay for the Firm's long-distance phone
calls related to the legal matter the Firm is reviewing for the City(whether
incurred for voice or data transmission)is six (6) minutes, unless the Firm
provides a detailed explanation justifying payment for a longer period.
3. The City shall not pay for the following unless agreed to in advance and in
writing by the Reviewing City Attorney:
a. Fax charges for local numbers;
b. Fax charges for long distance numbers at more than the cost of the
call.
d. The City shall not pay any of the following out-of-pocket expenses incurred by
the Firm unless such payment is agreed to in advance by the Reviewing
City Attorney:
1. Secretarial or word processing services(normal,temporary, or overtime);
2. Any staff service charges, regardless of when such charges are incurred,
such as meals,filing,or proofreading.
e. The following Firm expenses shall not be paid for by the City in any event:
1. Office supplies.
2. Firm time spent responding to the City's billing inquiries or preparing bills,
billing estimates,expense reports,budgets or status reports;
3. Overhead, including but not limited to, after-hours air conditioning or
heating and online legal research service fees(including but not limited to
any Westlaw or Lexis charges or fees), however characterized.
City of Fart Worth's Poly on the Engagement of Outside Counsel J 7
3. The Firm shall bill the City for its expenses by submitting invoices detailing the
following for each expense for which the Firm wishes to be reimbursed:
a Identification of the legal service performed for the City in which the Firm
incurred the expense;
b. Identification of the specific expense incurred by the Firm, including but not
limited to:
1. Long distance calls to the extent permitted under Section C(2)(c)as a
reimbursable travel expenses;
2. Photocopying;
3. Cost of transcripts;
4. Cost of expert witnesses;and
S. Court costs.
c. If the expense is a travel or out-of-town living expense,then the Firm shall itemize
such expenses separately on an attached form and describe in specific detail the
type of expense Incurred and where applicable,the person incurring the charge or
participating in the event. Allowable costs are:
1. Travel;
2. Lodging;
3. Business meetings;
4. Meal
S. Taxis and similar ride-sharing or Uwisportation network vehicles(e.g.
Uber,Get Me,or Lyft);and
6. Case-related long distance telephone or fax charges.
d. In addition to the above invoices, the Firm must also submit receipts or other
documentation verifying each expense for which the Firm expects to be reimbursed
by the City.
D. Audita and Reviews
1. At any time, representatives of the City may audit the Firm's invoices, billings, and
invoicing and billing practices respecting the legal services the Firm provides to the City.
Chy of Foe!Worth's Aogcy on the Eapgeme t of Outside Counsel tr
2. The Reviewing City Attorney shall review all bills and invoices and may request that
the Firm reasonably adjust such bills and invoices to comply with the provisions
and directives contained in this Policy.
V. MONITORING CONTRACT FUNDS
It is the Firm's responsibility to closely monitor expenditures under the contract and to notify
the appropriate Reviewing City Attorney, in writing, when fees and expenses equal to 80°10 of the total
contract funding have been accrued or committed. even if they have not yet been billed. At this point,
the Firm shall stop providing services, unless instructed otherwise by the Reviewing City Attorney or
City Attorney, until notified in writing that the City has allocated additional funding. The City has no
obligation to pay for invoiced amounts in excess of the 801/6 allocation in the absence of prior,
written approval from the City Attorney. THE CITY SHALL NOT HAVE ANY OBLIGATION TO
PAY AND SHALL NOT PAY FOR SERVICES RENDERED OR EXPENSES INCURRED
AFTER ALLOCATED FUNDS ARE EXHAUSTED.
VI. CONFLICTS
The FIRM must be free of conflicting interest. By agreeing to represent the City in this matter the
Firm agrees that their representation has been approved by CPTY and by any clients of the Film who must
also consent to the representation due to any conflict. The FIRM may not repment a client whose
position may be adverse to the CITY in any other matter without obtaining the CITY's prior written
consent to the adverse representation.
VII. TERMINATION
Despite the termination provisions set out in the professional services contract agreement
between the City and the Film, the Firm shall not terminate the agreement and stop providing legal
services to the City in the following situations:
A. Within 30 days of a deadline stated in the applicable docket control order;
B. Within 60 days of a trial setting or administrative hearing or any appellate deadline in the
cause in question;or
C. In any other situation in which the Firm's termination of legal services world result in
substantial prejudice to the City's rights.
The Firm may withdraw in accordance with the Texas Disciplinary Rules of Professional
Conduct.
THIS PROHIBITION OF TERMINATION OF THE AGREEMENT UNDER CERTAIN
CIRCUMSTANCES DOES NOT AFFECT THE FIRM'S OBLIGATION TO SUSPEND THE
PROVISION OF SERVICES UNDER SECTION V ABOVE.
Ctly of Fort Worth's Policy on the Dement of Outride Counsel 9
Eibibit"Al"
FIRM LETTERHEAD
PRIVILEGED AND CONFIDENTIAL
DATE INVOICE NUMBER: 2304
(ACH and Electronic Transfer
City Attorney information optional)
City of Fort Worth
200 Texas Street
Fort Worth,Texas 776102
Attention: Name of Reviewing City Attorney
For Professional Services rendered 6-orn[June 1,2016 to June 30,2016]
Re:Agreement of ($fief description of legal matter)
(Style of case if in litigation)
Professional SerAm
Dade Nam Actb* Bona
06.04-2016 RPS Meat with Ms.Jones regrtrding Ws of the 1.10
case and strategy
06-07-2016 MGI Draft City's Plea to the Jurisdiction 0.80
06-242016 MGI Prepare Motion for Summary Judgment 1.00
06-26-2016 RPS Review plaintiff s response to City's MSJ on 0.20
Limitations
06-28-2016 MGI Attend pretrial conference 2.10
Professional Services Total Hows
Amount$
Clty of Fort Worth's Polley on the Engagement of Outside Counsel to
Time Summary
Inidals Naos Haus Rate Amount
RPS Robert Paul Smith 3.40 $340.00 5816.00
MGI Marta Gomez Ibarra 1.80 $220.00 5396.00
Addidawl Charm: (doeuoeatedas atheheeh Amount
Photocopies $15.24
Long-Distance Telephone Charges 5.32
Total Fxpcnsw $20.56
Total amount of this bill $1232.56
Amount Remaining in Contract(as of date of bill) $2000.00
Balance Due 07-01-2016 $1232.56
Cky of Fort Worth's Policy on Ow Engap"WN of Outside Coma, I t
t1 r1
Q*, 00MY SEC
4'
CONTRACTTNNO.Y51-0a]
KELLY 43, HART
ATTORNEYS AT LAW
ART TEu"HoNE:(512)495-6426
Z art tdEellyhart.com FAX:(512)495-6617
July 10,2018
Ms. Sarah J. Fullenwider
City Attorney
Fort Worth City Attorney's Office
200 Texas Street
Fort Worth,Texas 76102
Re: Representation of City of Fort Worth
Dear Ms. Fullenwider:
1. We are pleased that you have asked Kelly Hart & Hallman LLP (the "Firm') to
represent the City of Fort Worth ("the City") in connection with the environmental issues
regarding the Brennan Site and the claims threatened by the Penna Group, LLC (the "Matter").
This letter will confirm the results of our discussion with you regarding our engagement and
describe the basis on which the Firm will provide legal services to you.
2. Scope of Engagement. We hereby are engaged to advise the City regarding the
Matter. The Firm and the City agree that our engagement is limited to performance of services
related to the Matter. Our acceptance of this engagement does not involve an undertaking to
represent you or your interests in any other matter. We may agree with you to limit or expand
the scope of our representation from time to time,provided that any such change is confirmed by
us in writing.
Our engagement does not include any advice or other legal services relating to federal or
state securities laws, including appearing or practicing before the U.S. Securities and Exchange
Commission(the"SEC')or your disclosure obligations under such laws, and we understand that
you will not,without our prior written consent, include documents or information we provide to
you in any filings with federal or state securities regulators,including the SEC.
3. Client Responsibilities. You agree to pay our statements for legal services and
expenses as provided below. In addition, you agree to be candid and cooperative with us and to
keep us informed with complete and accurate factual information, documents, and other
communications relevant to the Matter or otherwise reasonably requested by us. Because it is
important that we be able to contact you at all times to consult with you regarding this
representation,you agree to inform us, in writing,of any changes in the name,address,telephone
number, contact person, e-mail address, state of incorporation, or other relevant changes
regarding you or the City. Whenever we need your instructions or authorization in order to
26938661
AUSTIN OFFICE 1303 CoLoRAoo,Surm 2000 I AusTiN TX 78701 I TELEPHONE:(512)495.6400 I FAX:( 12)495-6401
FORT WORTH OFFICE 1201 MAR+STREET,Stm'E 2300 I FORT WORTN,TX 76102 1 nLEPHONE:(817)332-2500 �(;� 87892800
NEW ORLEANS OFFICE 1400 POYDRAS STMT,Surre 18 12 1 Naw ORLEANS,LA 701301 TE EPHoNE:(504)522-181 ImoYf 44E
BATON ROUGE OFFICE 1301 MAR+STREET,SUITE 16001 BATON ROUGH,LA 708011 TELEPHow(225)381-96431 Ap ff a
MIDLAND OFFICE 508 W.WALL,Sum 444 MmLAm,TX 79701 1 TELEPHONE:(432)683.4691 1 FAX: 3 5
Kelt'Han&Hafimap&a Lindted Ltabdby Farasrship I www.kdo*rt cone ��W� T TX
Sarah Fullenwider
July 10,2018
Page 2
proceed with legal work on your behalf, we will contact you at the latest business address we
have received from you.
4. Advice About Possible Outcomes. Either at the commencement or during the
course of our representation, we may express opinions or beliefs concerning the Matter or
various courses of action and the results that might be anticipated. Any such statement made by
any lawyer, paralegal, or other agent of the Firm is intended, and shall be deemed to be, an
expression of opinion only, and shall not be construed by you as a promise, guarantee or
statement of fact.
5. Termination of Engagement. The City may at any time terminate our services
and representation upon written notice to the Firm. Such termination shall not,however,relieve
the City of the obligation to pay for all services already rendered,including work-in-progress and
remaining incomplete at the time of termination, and to pay for all expenses incurred on behalf
of the City through the date of termination.
We reserve the right to withdraw from our representation as required or permitted
by the applicable rules of professional conduct upon written notice to the City. In the event that
we terminate the engagement,and until our withdrawal, we will take such steps that we think are
reasonably practicable to protect the City's interests in the Matter, and the City agrees to take all
steps necessary to free us of any obligation to perform further, including the execution of any
documents necessary to perfect our withdrawal. We will be entitled to be paid for all services
rendered and expenses incurred on behalf of the City through the date of withdrawal. If
permission for withdrawal is required by a court or arbitration panel, we will promptly request
such permission,and the City agrees not to oppose our request.
6. Conclusion of Representation; Retention and Disposition of Documents.
Unless previously terminated, our representation of the City in the Matter will terminate upon
our sending you our final statement for services rendered in the Matter. At your request, your
papers and property will be returned to you upon receipt of payment for outstanding fees and
expenses. Our own files pertaining to the Matter will be retained by the Firm. These Firm files
include, for example, Firm administrative records, time and expense reports, personnel and
staring materials, and credit and accounting records,and internal lawyers' work product such as
drafts,notes, internal memoranda, and legal and factual research, including investigative reports,
prepared by or for the internal use of lawyers. All such documents retained by the Firm will be
transferred to the person responsible for administering our records retention program. For
various reasons, including the minimization of unnecessary storage expenses, we reserve the
right to destroy or otherwise dispose of any such documents or other materials retained by us
within a reasonable time after the termination of the engagement.
7. Post-engagement Matters. You are engaging the Firm to provide legal services
regarding a specific matter. After completion of the Matter, changes may occur in the applicable
laws or regulations that could have an impact upon your future rights and liabilities. Unless you
engage us after completion of the Matter to provide additional advice on issues arising from the
2693866 1 Kelly Hart&HaHmaA a Limited Liability Parhmrship I www.kdlyhart.com
Sarah Fullenwider
July 10,2018
Page 3
Matter, the Firm has no continuing obligation to advise you with respect to future legal
developments.
8. Fees. The principal basis for computing our fees will be the amount of time spent
on the Matter by various lawyers and legal assistants multiplied by their individual hourly billing
rates. Our undiscounted hourly billing rates for lawyers currently range from $200.00 per hour
for new associates to $650.00 per hour for senior partners. Time devoted by legal assistants is
charged at billing rates ranging from $120.00 to $235.00 per hour. My discounted rate for the
City is $300.00 per hour, and Brenda Clayton's rate is $210.00 per hour, These billing rates are
subject to change from time to time.
9. Expenses. We will include on our statements separate charges for performing
services such as photocopying,messenger and delivery service,travel,and search and filing fees.
You also agree to pay the charges for copying documents for retention in our files. You
authorize us to retain any investigators, consultants, or experts necessary in our judgment to
represent your interests in this matter. The fees and expenses of others generally will not be paid
by us, but will be billed directly to you.
10. Estimates. The fees and expenses relating to the Matter are not predictable.
Accordingly, we have made no commitment to you concerning the maximum fees and expenses
that will be necessary to resolve or complete the Matter. Any estimate of fees and costs that we
may have discussed represents only an estimate of such fees and expenses. It is also expressly
understood that the City's obligation to pay the Finn's fees and expenses is in no way contingent
on the ultimate outcome of the Matter.
11. Payment of Statements. Statements normally will be rendered monthly for work
performed and expenses recorded on our books during the previous month. Payment is due
promptly upon receipt of our statement. If any statement remains unpaid for more than 60 days,
we may suspend performing services for you until arrangements satisfactory to us have been
made for payment of outstanding statements and the payment of future fees and expenses.
12. Representation of Others; Conflicts. You are aware that the Firm represents
numerous other companies and individuals. It is possible that during the time that we are
representing the City,some of our present or future clients will have disputes or transactions with
the City. You agree that we may continue to represent or may undertake in the future to
represent existing or new clients in any matter that is not substantially related to our work for the
City, even if the interest of those other clients in those other matters are directly adverse to you.
We agree, however, that your prospective consent to conflicting representation contained in the
preceding sentence shall not apply in any instance where, as a result of our representation of the
City, we have obtained proprietary or other confidential information of a non-public nature, that
if known to that other client, could be used in any such other matter by that other client to the
City's material disadvantage.
2693866_1 Kdly Hart&Hallmmi,a Limited Liability Partnership I www.kellyl .com
Sarah Fullenwider
July 10,2018
Page 4
Please review this letter carefully. If it meets with your approval, sign the enclosed copy
of the letter in the space provided below and return it to me. Please call me if you have any
questions.
Very truly yours,
Robert T. Stewart
AGREED TO AND ACCEPTED:
CITY OF FORT WORTH
By:
Title„ 5A rzhir
U �f'njm&� �ZN►'�
Date:
A►tte2 b '
FORT
Mary J. cretM v:: 10
M&G: a9 G)12-� 1 �XAS
1295, -3 .(o�j
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
2693866_1 Kelly Hart&Hallman,a Limited Liability Partnership I www.kellyhart.com
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2018 - Resolution No. 4945-06-2018
DATE: Tuesday, June 12, 2018 REFERENCE NO.: **G-19299
LOG NAME: 12KHHCITIZENSSUIT
SUBJECT:
Adopt Resolution Authorizing the Employment of Kelly Hart& Hallman Law Firm as Outside Counsel, in an
Amount Not to Exceed $85,000.00, to Assist the City in Responding to a Notice of Intent to File Citizen Suit
Regarding Alleged Clean Water Act and Resource Conservation and Recovery Act Violations and Related
Issues in Connection with Property Located in the Vicinity of the Brennan Avenue Service Center (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law
firm of Kelly Hart & Hallman as outside legal counsel to assist and represent the City in matters related to
a Notice of Intent to file Citizen Suit by Penna Group, LLC and any other related legal matters regarding
alleged Clean Water Act and Resource Conservation and Recovery Act Violations and related issues in
connection with property located in the vicinity of the Brennan Avenue Service Center.
DISCUSSION:
Penna Group, LLC (Penna) issued a draft notice to the City Attorney's office of its intent to file a Citizen
Suit under Section 7002(A)(1)(B) of the Resource Conservation and Recovery Act of 1976 ("RCRA"), and
under 33 U.S.C. Section 1365(a)(1) of the Clean Water Act ("CWA") for an alleged environmental
contamination from property owned by the City in the vicinity of the Brennan Avenue Service Center. The
City must respond within 60 days of receiving the actual notice of intent to file suit.
Due to the extraordinary complexity of this area of the law and the timeliness of the City's response, the
City Attorney and the City Manager recommend that the City retain outside legal counsel with extensive
knowledge and expertise in environmental law, especially in defending against RCRA and CWA claims.
Kelly Hart& Hallman Law Firm has experience in environmental law matters. Chapter VI, Section 3 of the
City Charter requires the City Council to approve the retention of any outside legal counsel for assistance
to the City Attorney. Accordingly, it is recommended that the City Council adopt the attached Resolution to
retain Kelly Hart & Hallman Law Firm to assist City staff and to represent the City in matters related to
Penna's Citizen Suit on alleged violations of RCRA and the CWA and any related issues.
Legal fees are not expected to exceed $85,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated
of the Environmental Protection Fund. Prior to an expense being incurred, the Code Compliance
Department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
Logname: 12KHHCITIZENSSUIT Page I of 2
TO
Fund Departmentccoun Project Program ctivity Budget Reference # moun
ID 1A ID Year Chartfield 2)
FROM _
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
25005 0234100 5320101 $85,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Christa Lopez-Reynolds (8984)
Logname: 12KHHCITIZENSSUIT Page 2 of 2
C, n2�, �
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of`
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-358667
Kelly Hart&Hallman LLP
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/24/2018
being filed.
City of Fort Worth Date A know edge l
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
12KHHCITIZENSSUIT
Legal Services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
Auld, Marianne Fort Worth,TX United States X
Kelly,Dee Fort Worth,TX United States X
Grable,Robert Fort Worth,TX United States X
Searcy, Marshall Fort Worth, TX United States X
Jackson,Calvin Fort Worth,TX United States X
Millians,Sharon Fort Worth,TX United States X
Kellner,David Fort Worth,TX United States X
Key,Chad Fort Worth,TX United States X
Spake,Todd Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Kristi Hudson and my date of birth is 5/21/1972
My address is 5301 Park Road 21 Cleburne TX 76033 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in Tarrant County, Texas 24
State of ,on the day of May ,20 18
(month) (year)
Signature of authorized ag of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethirs.state.tx.us Version V1.0.5523