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HomeMy WebLinkAboutO-1992-1807 . . ;~,- ORDINANCE NO. 1807 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND SEWELL & RIGGS, ATTORNEYS AT LAW; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. _ The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the Seal of the City to all such documents. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required .by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this; meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this the 27th day of January, 1992. CITY OF LA PORTE ~~~k . orman L. Malone, yor ATTEST: ~~ Cherie Black, . e ~ n1lM~-e. 1 II .) 12<:.{",. to'N OI--K. S IS~ f c~ ovs " ",,.' +e r3wv-'1 I A--h ~"''''''~ . v :L ,1l>.AI ,...... ~ ~ (2..) ~~ 1.:>+1-.... OVJ"V..J ~--f-o I ~ C![ c-c.k" ~".. fl"l,":') (3) fYI"'- lee. J. ""r CO or ~ a/ (4) kl-'u'( tA~ k,"L.o ~ ./ / ... JO,q ~\ Lo\o\d tt:sJ.., v ), (>..~ Qv-. F,"( ~ ,/ t :'.~.. . . . SEWELL & RIGGS A PROFESSIONAL CORPORATION 333 CLAY AVENUE SUITE 800 HOUSTON, TEXAS 77002-4088 BARRY ABRAMS 17131652-6792 TELEPHONE 17131 652-8700 TELECOPIER (7131652-8608 TELEX 77-5564 .'- RECEIVED. February 4, 1992 \ I fEB 4 1992 C1TY MANAGER.S OFFICE Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 604 W. Fairmont Parkway La Porte, Texas 77571 BY MESSENGER Dear Bob: Enclosed for your final review and execution are duplicate originals of the Legal Services Engagement Letter that we have previously discussed. I have signed both originals. If the form of the agreement meets with your approval, please sign where indicated on page 6 and either return one original to me for our file or give it to Susan Bickley when she next visits the City to discuss the Underwood case. We very much appreciate the opportunity to serve the City of La Porte and look forward to working with you. ve;;~ Barry Abrams /ba Enclosures - e LE~ SERVICES ENGAGEMENT LE'ITER February 4, 1992 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mr. Herrera: Please accept this letter as a proposed agreement for professional services between Sewell & Riggs, A Professional Corporation ("S & R"), and the City of La Porte, Texas ("City"). Upon execution, this letter will confirm the engagement of S&R to represent the City as special counsel on designated litigation matters brought by or against the City, other than litigation in which the City's self-insurance plan or other direct insurance provides for the payment of defense costs. (the "Representation Matters"). S&R is pleased to be provided the opportunity to represent the City on all such matters in which the City specifically requests our assistance. S&R will not represent the City in any matter unless our engagement is first requested in writing and confirmed in writing by S&R and S&R shall only be obligated to perform such services upon such written confirmation. I will be principally responsible for the Representation Matters on which the City retains S & R and will be assisted from time to time by others in the firm. Method of Determining Fees As a professional courtesy to the City, we have agreed to perform our work for the City on litigation matters on the same basis that we have rendered services to the Texas Municipal League, that is, the City will be charged our customary hourly rate for attorneys and staff whose rates are less than $105 per hour and will be charged the greater of $105 per hour or 85% of our customary billing rate for any attorneys with rates in excess of $105 per hour. The fees will be computed principally on the basis of the time expended, at the hourly rates fixed from time to time for the lawyers, paralegals or law clerks rendering the services. S&R shall also consider in the determination of the fees for our services such factors as the time expended, the unusual value of certain services, the issuance of formal opinions, and the emergency nature of the work performed and the consequent necessity that the work of other clients be deferred or other engagements declined. Periodic billings may be rendered entirely on a time basis with adjustments for other factors reflected in later billings. Hourly rates are subject to increase at the beginning of S&R's fiscal year or otherwise upon its prior notification to City. Attached as Exhibit "A" is a schedule listing the current hourly rates of the S & R lawyers and legal assistants most likely to work on matters for the City at this time. Mr. Robert T. Herrera February 4, 1992 Page 2 . . Schedule of Billing and Payments The City agrees to pay for services rendered and expenses incurred within 30 days after the dates of statements for such fees and expenses. Amounts unpaid after 90 days shall bear interest until paid at the rate of 10% per annum. It is contemplated that statements will be rendered on a monthly basis in order to avoid undue enlargement of the account, although statements may be rendered less frequently. The statements of S&R are relatively self-explanatory, in that they describe generally the work done from time to time and the relevant dates. S & R and the City agree that it is at all times S & R's intent under this agreement to charge the City a reasonable fee for the professional services rendered. While the statements rendered by S & R are intended to be self-explanatory in their description of the work performed, the City has the right to request such additional information it reasonably deems necessary to confirm the reasonableness of S & R's fees. The City and S & R further agree that in the unlikely event they are unable to resolve any dispute that may arise over the reasonableness of a fee, they shall submit any such dispute to binding resolution by the Houston Bar Association Attorneys Fee Dispute Committee. S&R has not required a deposit in connection with this engagement, but reserves the right to request one. Should S&R request a deposit, it will be held in the trust account of S&R and, in its sole discretion, applied to the City's last billing or any unpaid account. Payment of this deposit would not be a substitute for current payment of invoices; the deposit, if required, would merely be security for the payment obligation. If the deposit is required, interest will not be paid thereon. Cash Outlays The City authorizes S&R to retain and agrees to pay the fees or charges of every other person or entity engaged by S&R to perform services related to the Representation Matters. Such. other persons and entities may include, for example, court reporters, appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, title examiners and surveyors. The City authorizes S&R, in our discretion, to direct such other persons and companies to render statements for services rendered and expenses advanced either directly to City or to S&R, in which latter event the City agrees promptly to reimburse S&R for the full payment of such statements. The City acknowledges that S&R may incur various expenses in providing services to the City. The City agrees to reimburse S&R for all out-of-pocket expenses paid by S&R, Mr. Robert T. Herrera February 4, 1992 Page 3 . . or for special services incurred on behalf of the City or, if the City is billed directly for these expenses, to make prompt, direct payments to the originators of the bills. Such expenses include, but are not limited to, charges for serving and filing papers, courier or messenger services, recording and certifying documents, depositions, transcripts, investigations, witnesses, long-distance communication, copying materials, overtime secretarial and clerical assistance, travel and food expenses, postage, word processing charges and computer research charges. S & R agrees that it shall confer with the City before incurring material expense items on the City's behalf in connection with the retention of, for example, independent professionals such as appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, title examiners, surveyors and the like. More routine expense items, such as court reporter charges, charges for serving and filing papers, courier of messenger expenses, costs of recording and certifying documents, depositions, transcripts, long-distance communications, copying charges, overtime secretarial and clerical assistance, travel and food expenses, postage, word processing charges and computer research charges and the like will not require prior approval, although the City will have the opportunity to verify the reasonableness of all such charges prior to payment. . Termination of Representation S&R reserves the right to withdraw from the Representation Matters at any time with or without cause, including without limitation any time fees or expenses are unpaid for more than 60 days from the date of invoice, or for any other reason permitted under Texas law or by the rules of the courts of the State of Texas, and the City reserves the right to terminate the representation at any time, with or without cause. Notice of termination by either party shall be given in writing to the other party. In the event of such termination, the City agrees to promptly pay S&R for all services rendered by S&R and all other fees, charges and expenses incurred pursuant to this Agreement prior to the date of such termination. Upon termination of the representation for any reason, by either S&R or the City, S&R agrees to cooperate with any successor counsel to accommodate a smooth transition of the representation. Effort and Outcome S&R agrees to use all reasonable care in representing the City in the Representation Matters. However, the City 2,lcknowledges that S&R has given no assurances regarding the outcome of the Representation Matters. S&R agrees to assert a diligent effort to assure that Mr. Robert T. Herrera February 4, 1992 Page 4 . . the City is reasonably informed as to the status of the Representation Matters and as to the courses of action which are being followed or recommended by S&R. All of S&R's work product will be owned by S&R. S & R agrees to provide the City with periodic written status reports regarding the Representation Matters undertaken from time to time. The frequency and content of such reports shall be determined jointly by the City and S & R, but it is contemplated that such reporting shall include the following: (a) A preliminary report within thirty days of retention setting forth: (i) Plaintiffs claims and the elements of those claims; (ii) The types of damages recoverable for each claim; (Hi) Any potential sources of indemnification or contribution; (iv) A recommended trial strategy and identifying the discovery that appears appropriate; and (v) An estimate of defense expenses. (b) A liability exposure report within one hundred twenty days of retention, setting forth: (i) A summary of the material facts; (ii) A discussion of the legal issues presented; (Hi) An analysis of plaintiffs claim, applying the facts to the applicable law; (iv) Our assessment of the potential damage exposure in the case, including actual damages, court costs, and attorneys fees; (v) Our assessment of the probability of an adverse award and the probable range of recovery, based upon the investigation and discovery done to date; and (vi) Our recommendation regarding future discovery and strategy. Mr. Robert T. Herrera February 4, 1992 Page 5 . . (c) A pretrial report approximately one month before trial, setting forth a supplement to the liability exposure report that includes: (i) A summary of plaintiffs medical records, if applicable; (ii) A summary of plaintiffs claimed monetary damages; (ill) A brief discussion of the facts and legal issues in dispute; (iv) A list of the witnesses the City intends to call at trial along with a brief summary of their anticipated testimony; (v) A list of the witnesses that the plaintiff is expected to call at trial and a brief summary of their anticipated testimony; (vi) The special issues that it is anticipated that the jury will be asked to answer; (vii) Possible problems in the presentation of the City's case, including misssing witnesses or evidentiary problems; (viii) An assessment of the probability of an adverse award and the range of probable recovery; (ix) A settlement recommendation and, when appropriate, a request for settlement authority. In some instances, a court-required pretrial order will contain most of the information set out above and a copy of that order along with a supplementa- ry report containing the remaining information sought will suffice. During the course of our representation we will provide the City Attorney, the Human Resources Director and any other representative you designate with copies of all important pleadings or correspondence that we prepare on behalf of the City and will continue to keep you advised of any new developments. If you prefer that we follow some other reporting format, please let me know and we will be happy to do so. t., ) .. Mr. Robert T. Herrera e February 4, 1992 Page 6 . If the foregoing is acceptable to the City, please execute the enclosed copy of this letter in the space indicated to confirm the employment of S&R and indicate your agreement with the terms set out above, and return it to S&R for our files. We appreciate the City's confidence in allowing us to be of service. If you have any questions or if we can be of any additional assistance at this time, please do not hesitate to contact us. We look forward to working with you. Very truly yours, SEWELL & RIGGS A Professional Corporation ByBarry~~ AGREED TO AND APPROVED: CITY OF lA PORTE, TEXAS By: CX~ T. "-~ Name: ~o~e..~\ T. \\e.v-....'f..yc.-- Title: C\~~~ ~.,.... Date: ~ \ \\ \ C\ a.. .. . o. . . EXHIBIT "A" SEWELL & RIGGS' ATrORNEYS LIKELY TO BE SERVING THE CITY OF LA PORTE Attorney City Rate as of 1/31/92 CustomaIy Rate Barry Abrams Harvey G. Brown $ 191.25/hour $ 153.00/hour $ 178.50/hour $ 136.00/hour $105.00/hour $100.00/hour $106.25/hour $100.00/hour $ 114.75/hour $100.00/hour $105.00/hour $100.00/hour $225/hour $ 180/hour $210/hour $ 160/hour $115/hour $100/hour $ 125/hour $100/hour $ 135/hour $100/hour $ lIS/hour $100/hour William B. Allison Susan L Bickley Nancy J. Brown Ward Jacobs James J. Maher Stephen Moll James G. Munisteri Barbara G. Stanley Ramon G. Viada,III Bart Wyrick Legal Assistant Sandy Allen Julie Ibarra Christie Ondak Dianna Wibbert $60.00/hour $65.00/hour $65.00/hour $65.00/hour $60.00/hour $65.00/hour $65.00/hour $65.00/hour