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HomeMy WebLinkAboutContract 56757 CITY SECRETARY ;TRAC i NO.- 5 to-7 5, -7 _ FORTWORTH March 10,2021 David Mendez Bickerstaff Heath Delgado Acosta LLP 3711 S MoPac Expy. Building 1, Suite 300 Austin,Texas 78746 RE: Redistricting of City Council Districts for the City of Fort Worth Following the 2020 Census Dear Mr. Mendez: The Fort Worth City Attorney's Office will be handling the administrative aspects of your representation of the City in the above captioned 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 o 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 Chart r due to your knowledge and expertise in representing governmental entities during e redistricting process. This agreement does not in any way authorize you or your firm to enter into any agreements on behalf of the City. Any and all 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. Your services will be utilized in representing the City of Fort Worth in the redistricting process by assisting the City Attorney's Office on an advisory basis, as needed, for review of(i) the criteria to be adopted by City Council for the drawing of the maps, and(ii) the redistricting map. The City Council has approved compensation up to $35,000.00. We will discuss in advance your role beyond this scope and compensation in the event necessary. OFFICE OF THE CITY ATTORNEY The City of Fort Worth*200 Texas Street*Fort Worth,Texas 76102 817-392-7600*Fax 817-392-8359 Mr.David Mendez 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 cEll me at(817)392- 8973. Sincerely, LeaxwvOu4rrna ry Leann Guzman Deputy City Attorney Encl. it Acceptance of Representation of the City of Fort Worth in Redistricting of City Council Districts for the City of Fort Worth Following the 2020 Census To: City of Fort Worth c/o Leann Guzman(Reviewing City Attorney) This is to acknowledge that I hereby agree to represent during the redistricting of City Counc 1 districts for the City of Fort Worth following the 2020 Census, in accordance with the terms an J conditions as specified in the City's Engagement Letter and the City of Fort Worth's Policy o Engagement of Outside Legal Counsel. Name of Outside Counsel Date III I i EXHIBIT"A" CITY OF FORT WORTH OFFICE OF THE CITY ATTORNEY POLICY ON ENGAGEMENT OF OUTSIDE LEGAL COUNSEL I. 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. H. INTRODUCTION When contracting with the Firm, 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 supplernent any related Agreement between the Firm and the City. To the extent one or more provisions cf the Policy are inconsistent with the terms of the Agreement, the Agreement will govern as to the inconsistent Policy provision. III. THE FIRM'S PROVISION OF LEGAL SERVICES A. 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 lawyers or staff without prior approval by the Reviewing City Attorney. 2. Unless otherwise agreed to by the Reviewing City Attorney,only one attorney from the Firm shall attend meetings. The City will not pay for the participation or attendance of morc than one attorney at events absent the Reviewing City Attorney's prior written approval. 3. As the Firm has been retained due to its expertise, the City will not pay and the Firm shall not bill or invoice for any time spent or expenses incurred in educating Firm membcrs or employees in procedural matters or the substantive law applicable to the legal matter the Firm is reviewing for the City. City of Fort Worth's Policy on the Engagement of Outside Counsel P a g c 1 changes a b from time to 4. The City acknowledges that staffing anges at the Firm may necessary 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. B. Coordination of Work with the City Attorney's Office The Firm shall inform the Reviewing City Attorney of any relevant developments relating t the legal matter being handled by the Firm. 1. If the Reviewing City Attorney needs to be present at a meeting with the Firm, then the�irm shall schedule the meeting at a time and place convenient for the Reviewing City Attorney. 2. The Firm must promptly provide drafts of any original briefs, pleadings, legal memos, 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 fmalized. The City shall not pay the Firm for the fees and expenses the Firm incurs in creating such Documents until the Firm provides them to the Reviewing City Atton iey. 3. The Firm shall ensure that the Revicwing City Attorney receives copies of any legal opinions memorandums or presentations in a timely manner. 4. The Firm shall issue no press release,announcement or other release of information re ting to legal matters on which it represents the City (or any party the City employs Fi to represent)without the prior consent of the Reviewing City Attorney. Im 5. The Firm must include the Reviewing Attorney in any correspondence or meetings with City staff unless otherwise agreed to by the Reviewing Attorney. C. Legal Resources 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 Ishall make use of the legal personnel in the City Attorney's Office, as well as any :)ther personnel or facilities of the City. The Reviewing City Attorney will assist the Firm in coordinating such activities. b. Prior to undertaking a legal research project,the Firm shall ask the Reviewing ity Attorney to provide any research the City Attorney's Office has already perfo ed regarding the legal matter the Firm is to handle for the City. Further, before the Firm undertakes a legal research project, the Reviewing City Attorney's prior approval is required. 2. Firm's Use of Other Legal Resources. When handling a legal matter for the City, the'Firm shall use paralegal personnel whenever possible in order to reduce the City's overall ilegal costs. City of Fort Worth's Policy on the Engagement of Outside Counsel P a g e 12 IV. PAYMENT A. The Firm's Budget and Billing Policies 1. Before the Firm begins handling a legal matter for the City,it shall provide to the Revie wing City Attorney an initial budget which shall include, at a minimum, a list of each sp cific legal service the Firm shall perform for the City, and include: a. A detailed estimate of all fees, expenses, and costs the Finn shall charge for each legal service to be performed by the Firm; b. The identity and billing rate of each of the Firm's attorneys and paralegals Who are to perform each legal services; and c. The amount of time the Firm expects to take to perform each legal service. 2. The Firm shall update its budget every six months or more frequently when requested the City Attorney or Reviewing City Attorney. The Firm shall provide a copy of each re, ised budget to the City Attorney and Reviewing City Attorney, and shall point out and ex lain each material modification or change from previous budgets. 3. If it becomes apparent to the Firm that it will exceed its budget,the Firm must promptly notify the Reviewing City Attorney in writing, describing in detail the reason(s) why the Firm expects to or has overrun 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. 5. Invoices are to be submitted on or before the first business day of the month following the month in which services are rendered and expenses incurred. 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 S on V,Monitoring Contract Funds. B. The Firm's Legal Fees 1. The Firm shall bill the City on a monthly basis as follows: a. The Firm shall identify the total amount to be charged to the City for all legal services provided by the Firm. b. The Firm shall provide a billing report for each specific legal service performed 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, City of Fort Worth's Policy on the Engagement of Outside Counsel P a g e 13 2. the time expended performing legal services on each date, 3. each member of the Firm,who performed this legal 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"B I". 2. All time billed by the Firm shall be in increments of 6 minutes (1/10 of an hour)and shall specifically idcntify the legal service performed by the Firm's personnel during that time, in accordance with the list of legal services identified in the Firm's budget. 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 6pent 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 150% of the highest billing rate associated with the conference, which the Firm may determine in ither 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 sh 11 be calculated as follows: a. Each member's hourly billing rate is multiplied by the number of hours 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. City of Port Worth's Policy on the Engagement of Outside Counsel P a g e 14 i b. The Firm must justify such an expense in writing at the time the bill for such a meeting is presented to the City, including a description of how the Firm arrived at the "special conference hourly billing rate" charged to the City fori, this conference. 5. 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 b}lling 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 Cit as follows: 2. Specific Expense Provisions a. Photocopy Expenses. 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 its If 3. Notwithstanding(1) and(2)above,the Firm shall use vendors such as ourt reporters and copying services under contract with the City whe ever possible. The Firm should ask the Reviewing City Attorney to id ntify such contracts for its use. b. Travel Expenses. 1. The Firm shall exercise prudence in incurring travel expenses. Travel expenses for lodging, meals, and out-of-town transportation shall be; at reasonable rates and consistent with the City's travel policies. '*here feasible, meetings shall be handled virtually unless otherwise requested by the Reviewing City Attorney. It shall be the Firm's responsibility to appprise itself of the City's travel policies;if clarification of such policies i, re Hired, the Firm may contact the Reviewing City Attorney for such clarificati n. 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 Worth's Policy on the Engagement of Outside Counsel Page 15 3. Whenever the Firm wishes to have more than one Firm member i�ncur 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 regar less 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 travcling 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 pone 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 irm 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 overtim�); 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 Fort Worth's Policy on the Engagement of Outside Counsel P a g e 16 3. The Firm shall bill the City for its expenses by submitting invoices detailing the folluoving 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 5. Court costs. c. If the expense is a travel or out-of-town living expense, then the Firm shall ite ize such expenses separately on an attached form and describe in specific deta'1 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. Meals; 5. Taxis and similar ride-sharing or transportation 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 reimb ed by the City. D. Audits and Reviews 1. For a period of four years following the termination or expiration of the Agreement, representatives of the City may audit the Firm's invoices,billings,and invoicing and b lling City of Fort Worth's Policy on the Engagement of Outside Counsel P age 17 practices respecting the legal services the Firm provides to the City. 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 notif�the appropriate Reviewing City Attorney,in writing,when fees and expenses equal to 80%of the total contract funding have been accrued or committed, evcn 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 80% allocation in the absence of prior, written approval om the City Attorney. THE CITY SHALL NOT HAVE ANY OBLIGATION TO PAY AND SRkLL NOT PAY FOR SERVICES RENDERED OR EXPENSES INCURRED AFTER ALLOCA ED FUNDS ARE EXHAUSTED. VI. CONFLICTS The FIRM must be free of conflicting interest. By agreeing to represent the City in this matt r the Firm agrees that their representation has been approved by CITY and by any clients of the Firm who ust also consent to the representation due to any conflict. The FIRM may not represent a client whose po ition may be adverse to the CITY in any other matter without obtaining the CITY's prior written consent tb the adverse representation. VII. TERMINATION Despite the termination provisions set out in the professional services contract agreement be wcen the City and the Firm, 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 would result in substantial prejudice to the City's rights. The Firm may withdraw in accordance with the Texas Disciplinary Rules of Professional Con uct. 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. City of Fort Worths Policy on the Engagement of Outside Counsel P a g e 18 Exhibit"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 from [June 1,2016 to June 30,2016] Re: Agreement of (Brief description of legal matter) (Style of case if in litigation), Professional Services Date Name Activity Hours 06-04-2016 RPS Meet with Ms.Jones regarding facts of the 1.10 case and strategy 06-07-2016 MGI Draft City's Plea to the Jurisdiction 0.80 06-24-2016 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 Hours Amount$ i City of Fort Worth's Policy on the Engagement of Outside Counsel P a g c 9 Time Summary Initials Name Hours Rate Amount RPS Robert Paul Smith 3.40 $340.00 $816.00 MGI Marta Gomez Ibarra 1.80 $220.00 $396.00 Additional Charges: (documentation attached) Amount Photocopies $15.24 Long-Distance Telephone Charges 5.32 Total Expenses $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 City of Fort Worth's Policy on the Engagement of Outside Counsel Page 110 Acceptance of Representation of the City of Fort Worth in Redistricting of City Council Districts for the City of Fort Worth Following the 2020 Census TO: City of Fort Worth c/o Leann Guzman(Reviewing City Attorney or City Attorney) This is to acknowledge that I hereby agree to represent the City of Fort Worth in the above-referenced matter 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. 31 cal -Z-j -T David Mendez Date City of Fort Worth, Texas Mayor and Council Communication DATE: 03/09/21 M&C FILE NUMBER: M&C 21-0171 LOG NAME: 12REDISTRICTINGCOUNSEL SUBJECT (ALL)Adopt a Resolution Authorizing Employment of David Mendez and Bickerstaff, Heath,Delgado,Acosta LLP as Outside Legal Counsel for Assistance to the City Attorney's Office in Connection with Redistricting RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing employment of David Mendez and Bickerstaf, Heath, Delgado, Acosta LLP as outside legal counsel for assistance to the City Attorney's Office in connection with redistricting the City of Fort Worth's single member districts following the United States 2020 Census. DISCUSSION: Every ten years following completion of the constitutionally-mandated United States Census,the City of Fort Worth analyzes i1tq population and redraws the boundaries of the various single-member Council districts. The United States 2020 Census is anticipated to reflect a significant increase in the population of the City of Fort Worth,which growth is not evenly distributed throughout the City. Further,in 2016,voters of the City of Fort Worth approved an amendment to the City Charter to increase the number of City Council persons to eleven following the completion of the 2020 Census,which has the effect of adding two new council districts,further complicate ig the upcoming redistricting process. Therefore,it is necessary to hire outside legal counsel with redistricting expertise to assist the City Attorney's Office in assurin that the City's redistricting efforts comply with all federal law. Pursuant to Chapter VI,Section 3,of the City Charter,the City Council must approve the hiring of outside counsel. David Mendez and other attorneys at Bickerstaff, Heath, Delgado,Acosta LLP have extensive expertise representing governmental entities in the legal processes and State and Federal law requirements concerning redistricting,and the City Attorney's Office recommends the City Council approve their hiring in an amount not to exceed$35,000.00. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations,funds are available in the current operating budget,as appropriated, of the General Fund and that, prior to an expenditure being made,the participating department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by ALL ACMs 6222 Originating Business Unit Head: Sarah Fullenwider 7623 Additional Information Contact: Sarah Fullenwider 7623 Leann Guzman 8973 Expedited