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HomeMy WebLinkAboutContract 37453August 4, 2008 Lowell Denton ; , Denton, Navarro, Rocha & Bernal, PC 2517 North Main Avenue San Antonio, TX 78212 CITY SECRETARY3 CQNTrRACT NO. Re: Representation of City of Fort Worth —Public Safety Labor Negotiations Dear Lowell, The purpose of this letter is to formalize your engagement to provide legal representation to the City A Fort Worth in connection with pubic safety labor negotiations. Your June 17 proposal is incorporated by reference into this agreement and is included in your duties. Your primary contact with the City will be Benita Harper in the City Attorneys Office. Ms. Harper will provide you with the specific work assignments in connection with this agreement. The following are the additional terms and conditions of your employment: A. Billing 1. Fees will be paid by the City at the rate of $285 per hour. Do not perform services or incur reimbursable costs exceeding $1005000 without prior written approval of the City Attorneys Office. As soon as you reasonably anticipate that your engagement may exceed the dollar limits, please contact Ms. Harper to discuss future requirements. 3. Fee bills should be submitted monthly, but in no case less frequently than quarterly, to: City Attorneys Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 ATTIC: Benita Harper OFFICIAL. RECORD CITY SECRETARY FT. WORTH, TX Fee bills should be itemized to include the following information: OFFICE OF THE CITY ATTORNEY The City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102 817-392-7600 *Fax 817-3924359 Lowell Denton August 4, 2008 Page 2 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 Ms. Harper at (817) 392-7615 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. As you find it necessary to travel in connection with this agreement, travel arrangements should be discussed with Ms. Harper in advance. We will work together to schedule efficiently to reduce travel costs such as airfare, mileage and lodging. 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 Atwi OFFICIAL RECORD CITE' Lowell Denton August 4, 2008 Page 3 B. Other Conditions of Employment Conflicts of Interest. The City of Fort Worth expects the highest ethical standards in your representation of 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) 392-7600. Mr. Denton, we look forward to continuing to work with you. With best personal regards, I am, Sincerely yours, David L. Yett City Attorney Enclosures cc: Dale Fisseler, City Manager T.M. Higgins, Assistant City Manager Benita Falls Harper, Assistant City Attorney Marty ��Y�:��:��9 City �ue�retaay c Thomas M. Assistant City Manager Date OFFICIAL RECORD CITY SECRETARY T. WORTH, TX Lowell Denton August 4, 2008 Page 4 ACCEPTANCE To: City of Fort Worth This is to acknowledge that I hereby agree to represent the City of Fort Worth with regard to the public safety labor negotiatreon�in accordance with the terms and conditions specified in the Citv's letter of dulvl5., 2008 ``�owell Den Lowell Denton August 4, 2008 Page 5 EXHIBIT A CERTIFICATION Public Safety Labor Negotiations 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. Lowell Denton Date Lowell Denton August 4, 2008 Page 6 Ex"I"IT s CONFLICTS I 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 the public safety labor negotiations. 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. Lowell Denton Date City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, July 22, 2008 LOG NAME: 12DENTON REFERENCE NO.: C-22934 SUBJECT: Adopt Resolution Authorizing Employment of Outside Counsel to Assist the City in Public Safety Labor Negotiation Issues in an Amount Not to Exceed $100,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to retain Lowell Denton of the law firm Denton, Navarro, Rocha and Bernal, P.C., as outside counsel, pursuant to Chapter VI, Section 3, of the City Charter, to assist the City Attorney in representing the City in regard to public safety labor negotiation issues; and 2. Adopt the attached resolution fixing in advance, as far as practicable, the amount to be paid to Lowell Denton, in an amount not to exceed $100,000.00. DISCUSSION: There are legal issues concerning public safety labor negotiation matters which staff needs direction from an attorney with labor bargaining expertise. Because of the extraordinary importance of the issues raised, it is the opinion of the City Attorney that outside legal counsel, with knowledge and expertise in matters involving labor and employment issues, be retained to assist the City Attorney in representing the City. Denton, Navarro, Rocha and Bernal, P.C., is a certified Minority and Women Business Enterprise, 75 percent owned by qualifying individuals. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget of the general Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0909500 $100,000.00 Submitted for City Manager's Office bv: Thomas Higgins (6192) Originating Department Head: David Yett (7623) Additional Information Contact: Benita Harper (7615) Logname: 12DENTON Page 1 of 1 A Resolution NO. AUTHORIZING THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF DENTON, NAVARRO, ROCHA AND BERNAL, P.C., FOR ASSISTANCE REGARDING PUBLIC SAFETY LABOR NEGOTIATION MATTERS WHEREAS, there are various issues concerning public safety labor negotiation matters in response for which staff would like to receive advice and guidance; and WHEREAS, because of the extraordinary importance of the issues raised, and because the City seeks to avoid any conflicts of interest, it is necessary to retain outside legal counsel to advise the City in these issues; and WHEREAS, Lowell Denton of the law firm Denton, Navarro, Rocha and Bernal, P.C., possesses the required knowledge and expertise in labor and employment issues and has agreed to represent the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The City Attorney is hereby authorized to retain the law firm of Denton, Navarro, Rocha and Bernal, P.C, as outside counsel pursuant to Section 3, Chapter VI, of the City Charter to assist the City Attorney in labor and employment matters related to public safety labor negotiation matters. II. As far as practicable, the compensation to be paid to Denton, Navarro, Rocha and Bernal, P.C., for services is hereby fixed in an amount not to exceed $100,0000 AND IT IS SO RESOLVED. ADOPTED this Marty Hendrix City Secretary day of , 2008.