HomeMy WebLinkAboutCity Council-Agenda Packets-1/13/2005
Table of Contents
City Attorney Selection Information
Tabs
1. Boyle & Lowry, L.L.P.
2. Brown & Hofmeister, L.L.P.
3. Law Office of J. Kevin Carey
4. Fanning Harper & Martinson
5. Cribbs & McFarland
6. Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
7. Dorothy G. Palumbo, Attorney at Law
8. Taylor, Olson, Adkins, Sralla & Elam, L.L.P. (TOASE)
9. Chris Vickers & Associates
10. Law Offices of Alan C. Wayland
1. Abendroth, Tamika Jones
2. Gary, Michael B.
3. Hammond, Michael J.
4. Russell, Joe Michael
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
City Attorney selection
January 13, 2005
Enclosed you will find various information provided to assist with the review and
discussion for selecting a law firm to provide City Attorney services. The
following is a brief overview, by section, of the material. Also provided with the
notebook are the proposals submitted for your consideration in anticipation of the
meeting this evening.
Section One
As requested by the City Council, a brief PowerPoint has been prepared
reviewing my expectations of the services to be provided by the City Attorney.
Also noted are City Charter and City Council Rules of Procedure standards for
the City Attorney.
Section Two
While only one page, this is a survey of the area cities fee structure for the
various functions provided by the respective law firm.
Section Three
A copy of the current engagement letter with the current law firm is provided.
Along with the survey of area cities legal fee structures, we also requested
copies of any contracts, letters of understanding or similar agreements with the
respective law firm. We were able to obtain copies from three of the cities. Also
provided is a draft contract we were able to locate from an internet search for as
an example copy of possible terms and conditions to consider.
Section Four
Two articles were located from the International City Managers Association
website related to City Attorney relations. These are provided for your general
information.
Section Five
A copy of the Request for Proposals for City Attorney Services is provided for
your reference as you review the submitted proposals.
A City Managers Perspe
January 13, 2005
Getting the Job Done
. Do not "blind side" the City Manager
· Draft and review ordinance
the needs of City Counc
. Understand role is not setting or dir
administrative policy .. . .
. Provide litigation management for in
. Maintain regular communication b
candid and consistent advice with
politics and popularity
General Duties
· Prepare and review contracts and agreements
· Advise City Council, officers
questions
· Advise City Council for Roperts Rules
· Provide prosecutor services for Munici
Getting the Job Done
. Accessible anytime and on holidays
· Be proactive in anticipatin
identified and raise que ns no a
. Provide legal "pro and coh" assessm
for decisions being considered
. Strong background in land and econ
development laws
· Respect not the City Managerand
management decisions
General Duties
. Provide legal advice & opinions to City Council,
officers and staff
. Attend Regular City Cou.., C
and Zoning Board of Adjti~ment me
other meetings as requeSted
. Defend the City in variOus litigation
. Assist with City elections
· Capable of addressing broad ran
Areas of Expertise
· Land development and planning
. Public disclosure
. Employment law
. Economic development
. Law enforcement
1
Areas of Expertise
. Tort law
. Purchasing
. Condemnation, leasing, p chasejsal
. Broad municipal law experiynce
City Charter
Requirements
<,..-.
Article VIII, Section 8.04, cop
. Review contracts and legaf, instrumen
. Represent City in Iitigatioo\
. City Council may retain addif\onalleg
. City Attorney perform other duties dir
the City Council ...
.-..
Questi~
and ;'
Answer
City Charter
Requirements
Article VIII, Section 8.04
. Licensed attorney for Stat .. of Texas
. Compensation and hold office at plea
City Council .
. Associates be approved by the City C
. Legal advisor and attorney for City
officers and staff
City Council
Rules of Procedure
Section 2.6
. Attend all regular City Co, cil meetin
. Provide oral or written opini~ns
. Serve as the City CouncjJ's Parliament
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THE STATE OF TEXAS
.
.
COUNTY OF TARRANT
CONTRACT FOR LEGAL SERVICES
This contract is made between the City of COlleyville,
hereinafter called "City", and Foster & Brewer, hereinafter
called "Attorney".
WIT N E SSE T H:
City, desiring to secure legal services commonly furnished
by City Attorneys, including all legal advice; representation of
the City in all matters which may be pending or which might be
hereafter instituted in any of the courts of the State of Texas
and the courts of the United States, which are located within
such state, and before all administrative agencies and
departments of government, brought by or against the City du:ing
and through the continuance of this agreement; the examinati,on of
all contracts; and the enforcement of obligations to the City as
requested; and other legal services that City may request through
its City Council, hereby employs Attorneys to represent it and to
furnish such legal services. Attorney agrees to perform such
services.
City agrees to pay and Attorney agrees to accept a retainer
of $1,250.00 per month, which sum shall be full compensation for
attendance and advice at regular twice a month City Council
meetings and prosecution in municipal court. City agrees to pay
and Attorney agrees to charge the sum of $95.00 per hour for all
1
additional services. City agrees to pay and Attorney agrees to
accept the actual amount of expenses and court costs incurred in
representing the City. Such sums shall be billed to the City and
shall be paid within thirty (30) days of such billing.
This contract shall be in full force and effect until
amended or terminated by the parties.
EXECUTED at COlleyville, Tarrant County, Texas, on this the
rJj-ir day of Il~/ / , 1992.
FOSTER & BREWER
By:~J:::L
By:
Q~
2
r-~'.:Il:. u:u 12.l2
Ross T. Foster, ~c.
Attomeys at Law
9001 Airport Freeway
SUite 675
Fort Worth, Texas 76180
ROSS T. FOmIR
KeNNETH f. ~8T
(1311) ""'111
."x ('17) .q6-2ll3e
August 26, 2004
VIA FACSIMILE: (817) 503-1129
Mr. Bill Lindley. City Manager
City of Colleyville
100 :Main Street
Co.lleyville. Texas 76034
Re: Attorney!s FeesIHourly Rate
Dear Bill:
It has been some time since the hourly rate of$95.00 per hour that I charge the City for
legal services has been adjusted. When that rate was fint implemented I believe my hourly rate to
other clients was 5140.00 per hour. I currently charge other clients $220.00 per hour.
I have tot taken a survey. but based upon my discussions with other attorneys who
provide legal services to cities, current rates vary between $150.00 and $175.00 per hour. I
we.uld appreciate you discussing this matter with the Council to bring the houdy rate in line with
other cities.
If you have any queStions, please contact me.
Very truly yours,
R1:F:dk
~ City Secretary Office
~ Official Record Copy
PROFESSIONAL SERVICES CONTRACT
THIS PROFESSIONAL SERVICES COt-;"TRACT ("Agreement") is made and entered into rbis, the!!i day of June,
2004 bv and between the CITY OF NORTH RICHLAND HILLS ("City") and Taylor, Olson, Adkins, Sralla & Elam,
L.L.P. (tlLaw Finn").
WITNESSETH
WHEREAS, George Staples has been appointed City Attorney as provided by the Charter of the City of North
Richland Hills, and is a member of the Law Finn and this document is intended to memorialize the terms of
compensation and service for such office;
NO\V~ THEREFORE, the City and the Law Firm, for and in consideration of the terms hereinafter established, have
agreed, and do hereby agree, as follows:
1. Term
1.1 Term. The City Council, by and on behalf of the City, does hereby retain the Law Finn, and the Law Firm does
hereby accept engagement by the City for a term of two (2) years commencing on July 1.2004 and ending on June 30,
~6, ml.less sooner terminated pllrsuant to the terms of this Agreement; provided, however, the term of this
:eement shall automaticallv be extended on a m.onth-to-month basis at the end of the original tenn unless, prior to
me end of the. original term. eIther the City or the Law Firm gives at least thirty (30) days prior written notice to the
other party ofits desire to end the term of this Agreement.
n. Engagement
2.1 Duties. The Law Finn and its member, including George Staples. shall faithfully
perform the duties assigned to Law Finn by the City Council or the City Manager in compliance with the City Charter,
and shall comply with all applicable and lawfully permissible City, state and federal laws, ordinances, resolutions,
orders, directives, policies, rules, and regulations as they e?,ist or may hereafter be amended and the Texas Disciplinary
Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure, as amended (COllectively referred to
hereinafter as the "Ethical Rules") applicable to the State Bar of Texas. The Law Finn shall provide all legal services
required and complying with the terms of this Agreement, including, but not limited to, (i) advising and COnsultiilg
with City Staff and elected officials, as directed by the City Council a.Tldlor its designated representative, (ii) revie'wing,
revising and approving all proposed ordinances and resolutions prepared by City Staff, the Mayor and/or City Council,
(iii) researching and drafting ordinances and resolutions on request of the City Council, Mayor and/or its designated
representative, (iv) reviewing, recommending changes and/or approving proposed all City contracts and agreements
referred to Law Finn by the City Council and/or its designated representative, (v) researching and
PROFESSIONAL SERVICES CONTRACT
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~ Official Record Copy
'eparing documents and instruments of conveyance of real and personal property to or from the City on
request on the Mayor, City Councll and/or its designated representative, (vi) attendance at all City Council
Meetings, regular and special, unless excused by the City Council and/or its designated representative, (vii)
attendance at other meetings of staff, boards, and/or commissions of the City on request of the City Council
andlor its designated representative, (viii) in coordination with the City Manager and Human Resources
Director of City, providing advice and counsel to the Civil Service Commission on cases brought to the
Commission, (ix) advising and consulting with the City Secretary concerning the application of Texas and
Federal election laws, regulations. rules and rulings affecting the administration and conduct of election by the
City, (x) other general legal services to the City Sraffand departments of the City as directed by the City
Council and/or its designated representative, (xi) representation of the City and the employees and officials of
the City in all Litigation (defined below) referred to Law Firm by action of the City Councilor direction of its
designated representative, (xii) consultation and advice, as requested by the City Council andior its designated
representative, with other attorneys which may be engaged by the City to represent the City on complex, novel,
unique or other matters detennined by the City Council in sole discretion, and (xiii) all related duties required
by the Ethical Rules. The Law Finn shall maintain sufficient qualification. knowledge and expertise to perform
the foregoing dunes, and to advise the City in connection with the administration and implementation of: (1)
zoning, platting and land use laws, (2) effective code enforcement, (3) removal of substandard structures and
non..confonning uses, (4) civil rights issues and litigation, and (5) the application of the Texas Open Records
Act and the Texas Open Meetings Act. The attorneys of the Law Finn will u,se their skill and diligence, as well
as their experience in the
legal profession in representation of the City. Unless and until the City Council shall otherwise expressly notify
the Law Finn in writing, the City Manager and the Mayor are each hereby designated representatives of the
City for the purposes of this Agreement only, and each representative is authorized to act in such capacity
without the assent or joinder of the other. In the case of any ambig\.lous or conflicting instructions from the
...4esignated representatives. if the assent of both designated representatives cannot be obtained. the Law Firm
ay require the instruction to be darified by the City CounciL
2.2 Availability of' Law Firm and Desigp8ted Attofuey. The Law Firm agrees to designate in writing in
advance the number of hours each week when one or more of its approved attorneys will be available to the
City Council and City Manager for consultation and advice on City legal matters. Such designation shall
include and a reasonable number of hours, on reasonable availability, to perform all of the other duties and
functions assigned to Law Finn under and pursuant to the terms of this Agreement. All such designation(s) of
availability shall be immediately delivered to the City Secretary. Provided that the requirements for designation
of hours of availability comply with the provisions of this Agreement, Law Firm shall be entitled to modifY the
designation of his availability by giving prior notice thereof to the City Manager. Unless otherwise agreed by
tbe City Council, Law Firm shall staff the attorneys office in the City Hall with one or more of Law Firm's
anorneys to provide legal services to the City up to twenty (20) hours for each week the City Hall is open,
actual hours to be determined or changed through consultation between the designated attorney and the City's
desi~'l1ated representative. Without the express prior approval of the City, the Law Firm will limit the activities
of its attorneys at the attorneys office in the City Hall to the consultation, advice and representation
of the City. In addition to such twenty hours of resident City Hall office time, the designated
attorney (defined b~low) shall (unless excused pursuant to the express terms of this Agreement)
PROFESSIONAL SERVICES CONTRACT'
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~ Official Record Copy
lttend all meetings, regular and special, of the City Council. An attorney of the Law Firm shall be designaIed
("designated attorney") to be the primary contact and liaison between the City and the Law Firm. The initial
designated attomey is George Staples. The de:3ignated attorney may be changed at any time upon the mumal
agreemenI of Law Finn and the City CounciL In the event of the illness or reasonably unavoidable unavailability
of the designated attorney, an attorney designated by Law Fh-nl acceptable to the City may temporarily perfonn
the duties of the designated attorney during hislher unavailability.
2.3 City Council Meetings. The designated attorney of Law Firm shall attend
all public meetings of the City Council. The designated attorney of Law Finn shall also attend all closed
meetings of the City Coun~il, with the exceprion of such other matters where the City Council deerr.s that the
designated attorney's presence is not necessary or desirable.
2.4 Criticisms, Complaints, and Suggestions. The City Council, individually and collectively, shall refer to
the Law Finn all material and substantive criticisms, complaints, and suggestions regarding the Law Finn and'its
duties under this Agreement which are called to the City Council's attention for study and a.ppropriate act:io~ and
the Law Firm shall investigate such matters and inform the City Council of the results of such efforts.
2.5 Professional Certification. The designated attorney and all other attorneys of
Law Firm performing services under this Agreement shall at times during the tenn of this
Agreement hold and maintain a valid license to practice in all courts of the State of Texas and a valid and current
license from the Sta.te Bar of Texas.
2.6 Outside Legal Activities of Law Firm. Subject to and on compliance with the conditions set forth below,
the Law Firm may represent persons and entities other man the City on rnatters which are unrelated to the Law
Firm's representation of the City and the duties of Law Firm under this Agreement ("outside clients"); provided,
__ however, without the express prior written authoriza.tion and consent of the City Council, such outside
representation shall be subject to and performed in accordance with the following terms and conditions the
representation of such outside clients shall not: (i) create a conflict of interest with Law Finnls representation of
the City, (ii) be likely to create a conflict of interest in the future legal matters involving the City, (Hi) result in,
or be likely to result in, a duty of Law Firm to withdraw or provide written disclosure to or obtain consent from
the City or such outside c1ient(s) regarding such representation or the future representation oime City and its
employees and officials with respect to official City business and actions, Law Firm agrees not to represent
current elected officials, appointed officials and employees of the City without the \lVntten consent of the City
and the compliance the a.pplicable Ethical Rules. For the purposes of Section 1.10 oithe Ethical Rules, Law Firm
shall be deemed to be a public officer during the term of Lhis Agreement.
III. Compensation and Expenses
3.1 Fees for Standard A&r-eement Matters. The City shall not provide the Law Finn with, and
the Law Firm shall not requIre, a monthly or annual retainer. The total compensation for the
Law Firm will be hased on the number of hours or portion thereof which its attorneys have
expended in performing its duties under this Agreement at the rate of$140.00
PROFESSIONAL SERVICES CONTRACT_
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(~ City Secretary Office
,!2J Official Record Copy
per hour, excluding the representation ofCily in Litigation (as defined below).and.Prosecution (as deflned
below).
3.2 Fees for Prosecution and Municipal Court. AIIhough this Agreemem does not
currently provide for the Law Finn to provide services in the prosecution of cases on behalf of City in municipal
court ('lProsecution"), in the event such services are requested by the City Councilor its designated representative
in a single case or in multiple cases, Law Finn agrees to provide such Prosecution services at the rate of$115.00
per hour, including time for courtroom appearances and actual trial and hearing matters, and the rime included in
such prosecmion matters will be excluded from the rime billed for standard agreement matters under Section 3.l
above and all Litigation matters.
3.3 Litigation Fees. With respect to litigation, court proceedings, arbitration proceedings, mediation
proceedings and all other fonnal hearings adjudicating or determining any interest of the City before any State or
Federal agency. board. commission or political subdivision other than and excluding PrOsecution (collectively
referred to as "Litigation") in which the Law Firm iepresents the City, the time the Law Firm devotes exclusively
to such Litigation, to the extent not included in the other duties of Law Finn described above, will be billed to
the City at the rate of$160.00 per hour. including time for court room appearances and actual trial and hearing
matters.
3.4 Time and BilUng. Statements reflecting billings for standard agreement matters, Prosecution and Litigation
services respectively will be in writing given monthly to the City for time rendered in the previous month,
covering sen'ices rendered as well as disbursements of reimbursable charges and out of pocket expenses incurred
by Law Firm in COIUlection with such matters. Such reimbursable expenses, disbursements and charges may
include but not be limited to long distance telephone charges, special postage. delivery charges, facsimile
- transmission charges, travel, photocopying, filing fees and the use of other service providers such as printers or
~xperts, if needed, but only to the extent not paid for directly or otherwise provided directly or reimbursed by the
City. Amounts due and owing to the Law Firm under this Agreement shall be due and payable on Or before thirty
(30) days after the City's receipt of the statement reflecting such billings in accordance with this Agreement.
3.5 No Employmeut. Law Finn is an independent contractor of the City, and no designated attorney, or other
attorney, employee or agent of Law FilTn shall be or be deemed an employee of the City_
3.6 Professioual Development. City will not pay for or reimburse Law Finn for reasonable transportation,
lodging or tuition expenses to attend required continuing legal education seminars in the State of Texas, and
other seminars, courses or meetings approved in advance by the City, unless otherwise approved in advance.
3.7 Expenses.
(a) Law Library The City may have previously budgeted and expended
funds to acquire and maintain a small reference law library in the Attorneys office. All
such law library materials heretofore or hereafter purchased or acquired with funds of
PROfF.SSIONAL SERVICES CONTRACT
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... NC
,..."...."
rlOYLE & LOWRY, L.L.P.
j,-,mll'. lK1Yl r, .If;.
I..SrANTllN[,nWRY
1\.'-'1' rJlIW C. C. BCYl.1i
Dilt'ClT.\.,> II. CONNICn.1!I
DAV)I"> II. BI\lfNh*
AIIINC W,\YIA/'I)"
'n" CO\lN.~!'1
l\'nORNI:!YS ANI) COUNSELORS
4101 WINClRHN. StJlTE lOli
IRViNG, TEXAS 75062-2763
(972) 1,50.7100
Fax: (972) li50.r105
www.bll).le-lowry.c.lm
Writer's l)ir~C't Un.:,:
(972) .iS0-7101
E.Mlil; jlboylc@boylc.l(,'.\cy.com
October 1, 2004
MllYor H khan.! WaI'd
tvklllhcl'!l of the HUl'st City Counell
CIty MalugC'r Allan W;:r.:gar
1505 Pn.:cincl T.jl1':; Road
Bur-:l, '\\';;11-: 76054
}{c: Agn'\'rnent for Lcgul Services. Cit.y oI Hunt, Fj,~cal Yenr 2004.2005
D~.al" Mayor Ward. Ml~mbcrs of the City Council, and City Manager Weegar:
The Jaw finn of Boyle & LOWI'Y has enjoyed and considers it a distinct honor to r~prc~cllt tl1.c City
of I Iurst ,
Pll~l1Sl: al'ccpt this letter as our fee pfoposal for the fiscal year 2004-2005,
Th~ f1nl1 provides a filII rnl}ge of legal services commonly furnished by n City Allorney,
incll.ldin~ all legal ud'licc, r~prcs(:ntll.liol1 of City in all malters which m1\Y be pending or which might be
ht'fe,aikr instituled in .m)' of the couzts of the Stale of Texas and the courts of the United SWlCS. lln<!
b~for~ all administrative agende!; and depaltments of government bi'oug,ht by or again.,t the Clly ,JlIrill~'
allt! thl'ClUgholll the. cCl1tim11l11Ce of this agreement; the cxaminati01J of all contracts: and the e.J1rorci:mc11l.
of obligation:\ to the City as requested; providing of legal services to fill ROf.lrds anu Commissions; am!
,lilY nllwr leg.,l services the City may request through its City Council and Cit), Manager.
The firm fl1l'lhrl' agrees to provide legallldvicc nt City CO\lncil mcctings and work sessio!1~ whc;',
the illrOmcy's ndvlc~ i~ dc~~mcu 11\.l~doo; review of Zoning Board of Adjustments' applications, rClIdilior.
of (Ipjni()II,~ f0r all fI[lpOinliw bc)ard$; prostlcl1iion in Municipal COllrt; unlimited telephone consiJl!lltion~
c\'IJu:nllillg mUllicipal arrair~; prt\pnration of ordinances, resolutions:. llild lep,al memnrandll, status n:ptlrls.
and ulln:':sl.'nrch llCcl'Sf'ury to fulfilllhe foregoing obligations. Additionally. tho !inn il\,,1ft'es to mpfesem
the City ill bml acquisition, including condemnation, if necessary. and reviewing aU claims agail1!;( the:
City.
The hmllly Hites for General Mllnli;iplll ami Liligation are th(} same rates charged since the 2000.
2001 fiscrll YL\iir. All nOf\.lhig.ation general r~r~sentlltion legal services will be provided on the ba<;h of
$150 ;KI' bOlll" AT'itlul'Il fees for non-liligution matlcn shall not exceed the Sllm of 572,000, which ~Uln
~h;ill 111')1 h~l exc~~cd~~d withom lnt' "pproval of the City Manager.
Tile homl}' mle for Municipal Court is continued at $135.00 per hour.. Annual fees for Municiptl~
COllrlllr0:{Ccllliol1 shall not CXCl~l'd $36,000 without City Manager apr>,'ova!.
All litigation, claims and ll'l,;'ljor project matters, including eminent domain procet',dings.
legis/ad'll: hl:'urings and utility rate case proceedings shall be provided at $175.00 pur hOUf of l.Iuomey's
Ilm~\.
1\ ".:.: .....'1
V. 10,..,,\ I
.....100,.
Ir"
MnYllf Richa;-d Wan.!
MC:illl.l\~rs of the Hurst City CClHlcil
City Mllllager AHrm Weegnr
OclobN ), 2004
P\\~~C, 2
Paralegal sel'vices will be provided, a.q needed, and charged at the ralC of $75.00 per hour.
Th~ firm of Hoyle & Low.)', r...L.p. shall submit a monthly, itemized statement for ~ervicl~s
n',ildC'r~d. T~emj/cd 41irt'ct out-of-pocket costs shall be submiLtcd each month, Thc~c expenses include
court costs. rnx, deli wry and West Law costs and do not include postage, secrotarial time, or long-
distance ~~J.lIs TO anyol1e in the City of Hurst.
John F, Boyle, Jr, will be tho principal City Attorn~y allending City COlincil meetings. handling
and directing nlll.lthcr r~taincr mntters,
The firm's contract for collection of delinquent nd valorem luxes, copy altached, is herehy
approvt'J Will) the approval and acceptance of !his Agl'eement by the City for the same pe,riod.
No rcpn~senlaliYe (If the firm of Boyle & Lowry, L.L.P. shall solicit or accept an) gift,
comp~Il"i;)(ion or promise (If l\ future gift 01' c()mpen~utiol1 from any person or busjness ~utity Lhat IF.
f;~c:ldng lIrn~ial action fl'Offi lh~ City of Hurst. This specifIcally incluues. but is 001 limited to: titlc
c(Jlnp;ll\k~, appraisel'!:, brokeI'll, d~wlopC'r$. or other attorneys and contractors.
Th~~ firm will lWt rf.:prtlsent other clients and file suit against the Cities of Bedford. nUI~Sii,
Rkhlnnd Hills, Nt)('lh Rkhlund Hills or CollcyvilJe ullle,ss necessary for the proper represcntation of the
C:iLy of HlIf~t and uf'pr0vcd in weiting by Ihe City Council.
This t\gn.~(\mcmt shall he in full force and effect for the p~l'iod of October J, 2004 through
Sl'prernber :;0. 2005. provided, however this Agl'eement may be terminated, without cause. by either party
upon thirty (30) days written notice.
Sincerely,
B~~!--E & LOWRY, L}i'L'P~-
-~- 2
C~_, )~.f..~r0(~-~ .~~ 2---
John p, Boyle, Jr.
Ene lilSIl\'l~
ACCF:I~TED thj~ .,L1-:.. day of &.~h ),"'1/.2004,
,.) . . ')
____j<~~:,.;' I A..""~_' .,"...~_
Mayor Ric!lilrd \V~ird, City of Hursl
. I L\l\L>yk LmVI )'\H"i~l\hr '~<:lIlilli.lr;tlion\hr.kg.11 f~<'~\hr-Jcgal J'~~, 10.1..04 [It<\p~~uLdoc
6OO1) W'''-'t~,j\ PL/,CE. SuiTE 200
;..3C 1J Bt.. jA.s'J~lRvU\" ROAD
FORT WOiUH, TEMS 76107-4654
nlAIL 'IT)ASE@TCA~I!.COM
WEBSI'ffi: W\VW.rOASE.CO.\t
Taylor Olson Adkins Sralla Elam
UP.
Attorneys .. Counselors
TEL:;:PH():-<~: (817) 332.2580
TOLL FilE": (80m 318.3400
FACSIMILE: (817) 332.4740
DE.'l'OK: (940) 383.2674
DE'oJ'ON METRO: (972) 434.3834
August 4, 2004
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E. ALLENTAYLCR. JR
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Mr. Billy Campbell
City Manager
City or Souihiake
1725 Southlake Blvd.
Southlake, Texas 76092
Re: LegaiServices
Dear Billy:
In September, 2001, the law firm raised its rates for the City of Southlake. I had
hoped at that time that the rate change we initiated would be sufficient to meet budgetary
needs for the near term future. Unfortunately, I have come up short in my analysis.
Effective on October 1,2004, the law firm is establishing a new rate structure for the
City of South lake. Routine administrative work on municipal files will be billed at a rate of
$150.00 per hour, which is still below our standard rate. Litigation will be billed at a rate
of $175.00 per hour. Prosecution in municipal court will remain at a rate of $125.00 per
hour. Legal assistant time will be billed at a rate of $80.00 per hour for administrative work
and litigation.
The firm recognizes the financial constraints under which local govemments operate
and we have worked tor many years to do everything in our power to keep our rates as iow
as possible. However, in order to provide the quality of representation that our cities
deserve, we have to maintain an adequate staff of competent experienced lawyers who
can respond timely to client needs. I feel that this is especially important in representilig
municipal clients due to the unique legal issues that are routinely encountered and the lack
of pertinent experience on these issues by most lawyers. Due to the nature of our practice,
we are forced to select our lawyers from a handful of qualified applicants that are trained
and experienced in municipal practice, and compete for these lawyers with other entities
and firms.
Unlike other professional firms, we do not bill for the time commitments of many of
our support staff members and, therefore, our attorney rates have to accommodate the
increases that we are facing in those areas. I recognize that you are similarly experiencing
these issues v"ith your own work force. Please be assured that we will continue to do
everything possible to handle your work in the most time efficient manner possible, thereby
W:\Southlake\LETTERS'.Ca mpbell\Campbell.EA TRete .wpd
August4,2004
Page 2
reducing the impact of this rate increase on your budget. Our hope is that we will not
unreasonably impact anyone client because our practice aiiows us 10 work for numerous
cHents on municipal matters, thereby allowing us 10 work more efficiently and to keeping
time spent on particular matters at a minimum.
I would be more than willing to discuss this matter with you or the Mayor and Council
as necessary. If I can provide you with any additional information or assistance, please
feel free to contact me.
Sincerely,
(-:~'], ') '-"
v:6L J ~
E. Allen Ta;/Jr.
EAT/ds
W:\Southlake\LETIE RSiCampbell\Campbe'I.EA TRate. wpd
CITY OF
PROFESSIONAL LEGAL SERVICES CONTRACT
Whereas, this Contract dated as of
made and entered into by and between the City of
(City Attorney).
, 200_, is
(City) and
WHEREAS, the purpose of this contract is for City Attorney Services; and
WHEREAS, the law firm was selected following a Request for Proposals
for Legal Services; and
WHEREAS, funds for this purpose are authorized through the City Annual
Operating Budget;
NOW, THEREFORE, in consideration of the terms, conditions, covenants,
and performance of the scope of work contained herein, as attached and made a
part hereof, the City and the City Attorney mutually agree as follows:
SECTION I
TERM OF CONTRACT/TERMINA TION
The term of this Contract shall be _ years commencing on the date of
execution by the parties to this Contract. The Contract will be automatically
renewed for _ additional _-year terms, without action taken by either
party. Renewal for the period immediately following year _ ~ will require
City Council reauthorization. Remaining renewals following such City Council
action will continue as automatic renewals. Should either party desire to not
renew, a written notification shall be made at least 120 days in advance of the
normal renewal action. Other termination actions shall comply with the standard
Terms and Conditions.
SECTION II
SCOPE OF WORK
Work under this Contract shall, at all times, be subject to- review and examination
by the City Council and shall be subject to its approval. The City Attorney shall
confer with the City Council periodically, during the course of work, and shall be
subject to the direct administration of the City Council. The City Attorney shall
prepare and present information and materials (e.g. a detailed outline of
completed work) as may be pertinent, necessary, or requested by the City
Council to determine the adequacy of the work as it progresses or to determine
the City Attorney's progress.
The making of (or failure or delay in making) such examination shall not relieve
City Attorney of responsibility for performance of Services in accordance with this
Agreement, notwithstanding City's knowledge of defective or non-complying
performance, its substantiality or the ease of its discovery. City Attorney shall
provide City sufficient, safe, and proper facilities and equipment for such
inspection and free access to such facilities.
SECTION III
COMPENSATION
As full compensation for satisfactory performance of the Services, City shall pay
City Attorney in accordance to the attached schedule. Such payment shall be full
compensation for work performed and/or services rendered and for all
supervision, labor, supplies, materials, equipment or use thereof, and for all other
expenses and incidentals necessary to complete all the work.
Except as otherwise agreed, City Attorney shall submit a monthly invoice for the
compensation payable under this Agreement for Services performed during the
preceding period. Invoice shall provide a detailed description of the Services
performed during the month, the number of hours spent performing such
services, and any reimbursable costs and expenses incurred in connection with
such Services.
Any additional service(s) provided by the City Attorney must have prior written
approval by the City Council. Pricing Adjustments shall be made only as
specified in the attachments, or if otherwise not stated, according to the Terms
and Conditions.
Invoices shall be submitted
invoices or payment contact
City of
Address
State, Zip Code
Attention:
to the following address. Questions regarding
(-) --
, Finance Director
Changes in fees shall be first proposed by the City Attorney to the Mayor or
his/her designee for consideration in preparation of the Annual Operating Budget,
but in no case after June 1. Except for those contract changes that are within the
independent authority of the Mayor, any increases in fee and cost structure shall
be considered by the City Council as part of the budget process. Such changes
to the fee structure and budget approved by City Council shall, upon acceptance
by the City Attorney, be made a part of this Agreement and as replacement to the
attached schedule.
SECTION IV
RECORD- KEEPING
The City Attorney shall promptly furnish such information related to the
Agreement as requested by the City Council. Until the expiration of twelve
months after final payment of the compensation payable under this Agreement,
the City Attorney shall provide City prompt access to (and City shall have the
right to examine, audit and copy) all of the City Attorney's books, documents,
papers and records which are related to the Services or this Agreement.
SECTION V
PROPERTY AND CONFIDENTIAL INFORMATION
The City Attorney shall not, without the prior written consent of City, disclose to
third parties any information received in connection with the Services unless:
· the information is known to City Attorney prior to receiving the same
directly or
· indirectly in connection with the Services;
· the information is in the public domain at the time of disclosure by City
Attorney; or
· the information is received by City Attorney from a third party who does
not have an obligation to keep the same confidential.
SECTION VI
RELEASES, INDEMNITY, HOLD HARMLESS
The City Attorney releases and shall defend, indemnify, and hold harmless from
and against all claims, cost liabilities, damages, and expenses, (including, but not
limited to, reasonable attorney's fees) arising directly out of or in connection with:
· any fault, negligence, strict liability or product liability of the City Attorney
in connection with the Services of this Agreement;
· any lien asserted upon any property of City in connection with the
Services or this Agreement;
· any failure of the City Attorney, or the Services to comply with any
applicable law, ordinance, rule, regulation, order, license, permit and other
requirement, now or hereafter in effect, of any governmental authority; or
· any breach of or default under this Agreement by the City Attorney.
As permitted by applicable law, this shall apply. However, this shall not require
City Attorney to indemnify the City against any liability for damages arising out of
bodily injury or property damages caused by or resulting from negligence of City.
Further, in the case of concurrent negligence of City Attorney on the one hand
and City on the other hand, City Attorney shall be required to indemnify City only
to the extent of the negligence of the City Attorney.
The City Attorney releases and shall defend, indemnify and hold harmless City
from and against all claims, cost, liabilities, damages, expenses (including, but
not limited to reasonable attorney's fees), and royalties based upon any actual or
alleged infringement or misappropriation of any patent, copyright, trade secret,
trademark, or other intellectual property right by any Services. Further, if any
Services infringe or misappropriate any patent, copyright, trade secret,
trademark, or other intellectual property right, City Attorney shall either:
· procure for City the right to use such Services; or
· modify such Services so that they no longer infringe or misappropriate any
such right.
SECTION VII
INSURANCE
A. Worker's Compensation and Employer's Liability Coverage: coverage or
insurance in accordance with the applicable laws related to worker's
compensation, and employer's liability insurance with limits no less than
$1,000,000 including $1,000,000 for bodily injury by Accident, each accident; and
$1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily
injury, policy limit (including but not limited to, State law and the laws of the state
in which any such person was hired), regardless of whether such coverage or
insurance is mandatory or merely elective under the law.
B. City Attorney's Liability & Property Damage Insurance:
1. The City Attorney shall procure and maintain during the life of this Contract
and during performance of these services, Commercial General Liability, and
Automobile Liability Insurance, to protect the City and the City Attorney from and
against all claims, damages, losses and expenses arising out or resulting from
the performance of these services, as detailed herein, with insurance companies
or through sources approved by the State Insurance Commission. The City
reserves the right to require higher limits should it deem it necessary in the best
interest of the public.
2. The commercial general liability insurance shall include the City as Additional
Named Insured on a Primary Basis, and shall include others if required by the
Contract documents. All insurance policies shall be endorsed to provide that no
policy shall be cancelled, changed or reduced in coverage, until after thirty (30)
days prior written notice has been delivered to the City through certified mail.
3. A Certificate of Insurance Including the Additional Named Insured
Endorsement for the primary policy of commercial general liability insurance,
shall be filed with the City after award but prior to execution of the contract,
meeting the requirements set forth herein. This Certificate shall be subject to
approval by the City as to company, terms and coverage. Failure of the City
Attorney to fully comply with the requirements set forth herein regarding
insurance shall be considered a material breach of contract and shall be cause of
immediate termination of the Contract and of any and all obligations regarding
the same.
4. A Declaration of Professional Liability Insurance shall be filed with the City
after award but prior to execution of the contract, meeting the requirements set
forth herein. This Declaration shall be subject to approval by the City as to
company, terms and coverage. Failure of the City Attorney to fully comply with
the requirements set forth herein regarding insurance shall be considered a
material breach of contract and shall be cause of immediate termination of the
Contract and of any and all obligations regarding the same.
5. The City Attorney shall not begin work under this Contract until all required
insurance has been obtained and until such insurance has been approved by the
City. Said insurance shall provide coverage to the City Attorney and the City.
The coverage so provided shall protect against claims for personal injuries,
including accidental death, as well as claims for property damages which may
arise from any act or omission of the City Attorney or the subcontract, or by
anyone directly or indirectly involved or employed by either of them.
6. Approval of the insurance by the City shall not relieve or decrease the liability
of the City Attorney for any damages arising from City Attorney's performance of
the Work.
7. Insurance shall provide, at a minimUm, the types of insurance coverage,
liability limits and endorsements as set forth below and shall be included in all
applicable policies and on the Certificate of Insurance. The insurance coverage's
listed below shall protect the City Attorney and the City from claims for damages
of bodily injury, including death resulting there from, as well as claims for
property damage, which may arise from operations under this Contract, whether
such operation be by itself or by anyone directly employed by either of them, it
being understood that it is the City Attorney's obligation to enforce the
requirements of this section in respect to any Attorney employed for this project:
a) Commercial General Bodily injury and Property Damage Insurance shall
include:
Premises & Operations;
Owners and City Attorneys Protective;
Products Liability including completed Operations.
b) Coverage;
Contractual Liability;
Broad Form Property Damage;
Commercial Form (to include Extended Bodily Injury)
Employees as Additional Insured;
Explosion, Collapse & Underground Hazard;
Independent City Attorneys;
Personal Injury;
Stop Gap;
Cross Liability Clause.
c) Umbrella Liability Insurance in the amounts specified.
d) Professional Liability Insurance including Errors and Omissions as
e) appropriate to the services performed.
f) Automobile Bodily Injury and Property Damage Insurance sufficient to
cover any driving that is directly required for the performance of the stated
work.
8. Liability Limits:
General Liability (Commercial General Liability Insurance) shall be written
with limits of liability of no less than $1,000,000 combined single limits, per
occurrence and $2,000,000 in aggregate;
Umbrella Liability Insurance shall be written on a following form basis with
limits of, in no case less than, $2,000,000.
Professional Liability Insurance including Errors and Omissions shall be
written with limits no case less than $1,000,000;
Automobile Insurance shall be at the level approved by the City.
9. Nothing contained in these insurance requirements is to be construed as
limiting the extent of the City Attorney's responsibility for payment of damages
resulting from operations under this Contract.
10. The coverage's provided by the General Liability and the Automobile Liability
are primary to any insurance maintained by the City.
11. Special Provisions - Endorsements for Additional Insured: The City of shall
be named as Primary Additional Insured for General Liability and Automobile
Liability.
12. The inclusion of more than one insured under this policy shall not affect the
rights of any insured as respects to any claims, suit or judgment made or brought
by or for any other Insured or by or for any employee of any other Insured. This
policy shall protect each Insured in the same manner as though a separate policy
had been issued to each, except that nothing herein shall operate to increase the
company's liability beyond the amount or amounts for which the company would
have been liable had only one Insured been named.
13. The Certificate of Insurance shall be amended as follows:
The cancellation clause shall be revised to read: Should any of the above
described policies be cancelled, changed or reduced in coverage before the
expiration date, the issue company will mail 30 day written notice through
certified mail, to the certificate holder named at the left.
14. There shall be included in the general liability insurance contractual coverage
sufficiently broad to insure the provisions of that Section herein entitled "Hold
Harmless Clause."
15. Such insurance shall be maintained as required above, and any additional
coverage's and limits as the City may from time to time specify to protect the
City, its successor and assigns from any claims, losses harm, costs, liabilities,
damages, and expenses (including but not limited to reasonable attorney's fees)
that may arise out of any property damage, bodily injury (including death) or
professional liability elated to the services performed.
16. Failure to comply with provisions contained herein shall not waive the
responsibility of the City Attorney to provide the required protection.
SECTION VIII
MISCELLENIOUS
A. Communications:
All notices and other material related to the contract agreement, including
duration, termination, rates, terms and conditions shall in writing and shall be
delivered or mailed to the following:
City of
, City Manager
Address
State, Zip Code
B. The obligation of City Attorney under all provisions of this Agreement which
may reasonably be interpreted or construed as surviving the completion,
termination, or cancellation of this Agreement, shall survive the completion,
termination, or cancellation of this Agreement.
C. The rights and remedies of City or the City Attorney set forth in any provision
of this Agreement are in addition to and do not in any way limit any other rights or
remedies afforded to the City or the City Attorney by any other provision of this
Agreement or by law.
D. This Agreement sets forth the entire agreement of the parties, and supersedes
any and all prior agreements, with respect to the Services. No amendment or
modification of any provision of this Agreement (other than changes pursuant to
Section 10) shall be valid unless set forth in a written amendment to this
Agreement signed by both parties.
E. The invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provIsions were omitted. The
headings of sections of this Agreement are for convenience or reference only
and are not intended to restrict, affect or be of any weight in the interpretation or
construction of the provisions of such sections.
F. Attorney Fees: The prevailing party in any action shall be entitled to
reasonable attorney fees and court costs.
SECTION IX
GENERAL TERMS AND CONDITIONS
See attached "General Contract Terms and Conditions."
This Agreement shall be interpreted, construed, and enforced in all respects in
accordance with the laws of the State of Texas.
ATTEST:
CITY OF
By
By
, City Secretary
, Mayor
CITY ATTORNEY:
By
, City Attorney
GENERAL CONTRACT TERMS AND CONDITIONS
These terms and conditions are hereby a part of the conditions agreed to by the
City Attorney upon Offer.
1. Entire Contract: This Contract, including the exhibits and addenda attached
hereto and forming a part hereof (if any), are all of the covenants, promises,
agreements and conditions, between the parties. All such addenda and exhibits
and attachments are incorporated herein by this reference, and shall be a part of
this contract instrument. The Contract shall constitute the Contract. In the event
there is discrepancy between any of the foregoing contract documents, the
above order of documents governs so that the former prevails over the latter.
This entire contract instrument, including all such attachments as incorporated by
this reference, shall specify the working relationship between the City and the
City Attorney, and specific obligations of both parties.
2. Complementary Provisions: All provisions of this Agreement are intended to
be complementary, and any requirements mentioned by one and not mentioned
in another section of this Agreement, shall nevertheless by performed, to the
same extent as though required by all.
3. City Attorney Obligation: Except as otherwise specifically provided in this
Agreement, City Attorney shall furnish all that may be required to provide the
scope of work as described in the contract and incorporated documents,
including any personnel, labor and supervision, technical, professional and other
services, equipment and supplies. Details of the any supplies, equipment, or
installation or same, that are necessary to carry out the intent of this Agreement,
but that are not expressly stated, shall be perfumed or furnished by the City
Attorney as part of the Contract, without any increase in the compensation
otherwise payable under this Agreement.
4. Executory Agreement: This Contract will not be considered valid until signed
by both parties.
5. Binding Effect: The provisions, covenants, and conditions in this Contract
apply to bind the parties, their legal heirs, representatives, successors, and
assigns.
6. Venue: The City Attorney shall not commence or prosecute any suit,
proceeding or claim to enforce the provisions of this Agreement, to recover
damages for breach or default in this Agreement, or otherwise arising under or by
reason of this Agreement, other than in the courts of the State of Texas, Tarrant
County or the District Court of the United States, Western Division, State of
Texas. The City Attorney hereby irrevocably consents to the jurisdiction of the
courts of the State of Texas with venue laid in Tarrant County and of the District
Court of the United States, Western Division, State of Texas.
7. No Verbal Agreements: No verbal agreements or conversations between any
officer, agent, associate or employee of the City and any officer, agency,
employee or associate of the City Attorney prior to execution of this Contract
shall affect or modify any of the terms or obligations contained in this Contract.
Any such verbal agreements shall be considered unofficial information and in no
way binding on either party.
8. No Gifts and Gratuities: Businesses must not offer, nor City employees
accept, gifts, gratuities, loans, trips, favors, special discounts, services, or
anything of economic value in conjunction with city business practices. The City
Attorney, City Council and City employees must strictly adhere to the statutes
and City Charter for ethics in contracting and purchasing.
9. No Conflict of Interest: The City Attorney confirms that he does not have a
business interest or close family relationship with any City officer or employee
who was, is, or will be involved in the City Attorney selection, negotiation,
drafting, signing, administration or evaluation of the City Attorney's performance.
Also, the City Attorney confirms adherence to the City policy regarding conflict of
interest, State law and the City Charter.
10. Applicable Law: Except as hereinafter specifically provided, this Contract
shall be governed by and construed according to the laws of the State of Texas.
Any suit arising here from shall be brought in Tarrant County, which forum shall
have sole and exclusive jurisdiction and venue.
11. Compliance with Law:
General Requirements: The City Attorney, at its sole cost and expense, shall
perform and comply with all applicable laws of the United States and the State of
Texas; and all applicable laws, ordinances, rules, regulations, orders, and other
requirements, in effect, of any governmental entity (including but not limited to
such requirements as may be imposed upon the City and applicable to the
Agreement). City Attorney shall furnish documents as may be required to effect
or evidence such compliance. All laws, ordinances, rules or orders required to
be incorporated in agreements of this character are incorporated in this
Agreement by this reference.
Licenses, Permits and Similar Authorization: The City Attorney, at no expense to
the City, shall secure and maintain in full force and effect during the term of this
Contract, all required licenses, permits, and similar legal authorizations, and
comply with all requirements thereof.
12. Relationship between City and City Attorney: City Attorney shall be at all
times an independent City Attorney and not an agent or representative of the City
with regard to performance of this Agreement. City Attorney shall not represent
that it is, or hold itself out as, an agent or representative of the City. In no event
shall City Attorney be authorized to enter into any agreement or undertaking for
or on behalf of the City.
13. Restrictions on Assignment, Subcontracting, Delegation: City Attorney
may not (by contract, operation of law, or otherwise) delegate or subcontract or
assign performance of the Contract to any other person or entity without the prior
written consent of the City. Any such delegation or subcontracting without the
City's prior written consent shall be voidable at the City's option. Approval of such
assignment shall not be unreasonably withheld. No delegation or subcontracting
of performance, with or without the City's prior written consent, shall relieve City
Attorney of responsibility to perform the services in accordance with this
Agreement. City Attorney shall be fully responsible for the performance, acts and
omissions of City Attorney's employees, and any other person who performs or
furnishes any services.
14. Performance and Execution: City Attorney shall perform the services
provided in the Contract in a timely manner and in accordance with the standards
of the profession. At the time of performance, City Attorney shall be properly
licensed, equipped, organized and financed to perform the Scope of Work in
accordance with this Agreement. Subject to compliance with the requirements of
this Agreement, City Attorney shall perform the Services in accordance with its
own methods.
15. Errors and Omission Correction: The City Attorney shall be responsible for
the professional quality, technical accuracy and the coordination of all designs,
drawings, specifications, and other services furnished by or on behalf of the City
Attorney under this Contract. The City Attorney, without additional
compensation, shall correct or revise any errors or deficiencies in the designs,
drawing, specifications and/or City Attorney services immediately upon
notification by the City. The indemnification provided for in this Article with
respect to any acts or omissions during the term of this Contract shall survive any
termination or expiration of this Contract.
16. Precautions Against Bodily Injury or Property Damage: City Attorney
shall take all reasonable precautions to protect against any bodily injury
(including death) or property damages that may occur in connection with this
Agreement.
17. Amendments or Change Order: No modification or amendment of the
provisions hereof shall be effective unless in writing and signed by authorized
representatives of the parties hereto. The parties hereto expressly reserve the
right to modify this Contract, from time to time, by mutual agreement.
18. Extra Work: The City may desire to have the City Attorney provide additional
units and/or perform work or render services in connection with this Contract
other than that expressly provided for in the "Scope of Work." This will be
considered extra work, supplemental to this Contract and shall not proceed
unless authorized by an amendment. Any costs incurred due to the performance
of extra work prior to execution of an amendment will not be reimbursed under
this Contract or any amendment.
19. Acceptance of Award: If any purchase by the City is accepted, or the
awarded vendor otherwise begins work, the winning vendor is deemed to have
agreed to all these Terms and Conditions, Contracts, ITB or RFP, Specifications,
and all other related documents. If such work is accepted by the awarded vendor
prior to the City receiving a signed contract, the City shall still regard the contract
terms and related documents to be in force.
20. Licenses, Permits, And Taxes: The City Attorney shall procure all permits
and licenses, pay all charges, fees and taxes, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
21. Pricing: Prices shall remain firm as stated in the bid offer for the duration of
the Contract, including all extensions. Changes to pricing in service contracts will
be in accordance to conditions stated in the Contract.
22. Assignment: Neither party to a Contract may assign any portion of the
Agreement without the prior consent of the other party.
23. Force Majeure: Except for payment of sums due, neither party shall be liable
to the other or deemed in default under this contract, if and to the extent that
such party's performance of this contract is prevented by reason or force
majeure, as determined by the City. The term "force majeure" means an
occurrence beyond the control of the affected party and not avoidable by
reasonable diligence. Force majeure includes acts of God, war, riots, strikes,
fire, floods, epidemics, or other similar occurrences. If either party is delayed by
force majeure, said party shall provide written notification to the other within 48
hours. Delays shall cease as soon as practicable and written notification of same
provided. The time of contract completion may be extended by contract
modification, for a period of time equal to that delay caused under this condition.
The City reserves the right to cancel the contract and/or purchase materials,
equipment or services from the best available source during the time of force
majeure, and City Attorney shall have no recourse against the City.
24. Indemnification: To the maximum extent permitted by law, the City Attorney
shall be liable for and shall hold the City harmless from all damages and injuries
caused to persons or property arising out of the performance of this Contract.
The City Attorney agrees to assume the defense of the City and its officers and
employees in all legal proceedings or claims with third parties connected with the
City Attorney's performance under this Contract, to pay all expenses, including
reasonable attorney's fees, incurred by the City directly or indirectly on account
of such legal proceedings, and to satisfy any judgment rendered in connection
therewith or to payor reimburse the payment of any sums reasonable to settle
such proceedings or claims.
25. Personal Liability: It is agreed by and between the parties hereto that in no
event shall any official, officer, employee, or agent of the City be in any way liable
or responsible for any covenant or agreement herein contained whether express
or implied, nor for any statement of representation made herein or in any
connection with this agreement.
26. Laws: The City Attorney shall comply with all applicable federal, state and
local laws, rules, and regulations affecting its performance and hold the City
harmless against any claims arising from the violation thereof. No extension of
time or additional payment will be made for loss of time or disruption of work
caused by any actions against the City Attorney for any of the above reasons.
27. Payments: The City Attorney shall be paid, upon submission of proper
invoices, prices stipulated herein for supplies or services that are delivered and
accepted (less deductions, if any), as herein provided. Unless otherwise
specified, payment will be made on partial deliveries accepted by the City when
the amount due on such deliveries so warrants; or if requested by the City
Attorney. Payment for partial deliveries shall only be made upon receipt of an
accurate and adjusted invoice, or a certified receiving report, and/or final installed
acceptance.
28. Nondiscrimination: In all hiring or employment made possible or resulting
from this Agreement, there shall be no unlawful discrimination against any
employee or applicant for employment because of sex, age, race, color, creed,
national origin, marital status or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualification. This
requirement shall apply to but not be limited to the following: employment,
advertising, layoff or termination, rates, payor other forms of compensation, and
selection for training, including apprenticeship. No person shall be denied or
subjected to discrimination in receipt of the benefit of any services or activities
made possible by or resulting from this Agreement on the grounds of sex, race,
color, creed, national origin, age except minimum age and retirement provisions,
marital status, or in the presence of any sensory, mental or physical handicap.
29. Hold Harmless: The City Attorney shall hold the City and its officers, agents
and employees harmless from all costs, claims or liabilities of any nature
including attorneys; fees, costs and expenses for or on account of injuries or
damages sustained by any persons or property resulting from the negligent
activities or omissions of the City Attorney, its agents or employees pursuant to
the Agreement, or on account of any unpaid wages or other remuneration for
services; and if a suit as described above be filed, the City Attorney shall appear
and defend the same at its own cost and expense, and if judgment be rendered
or settlement made requiring payment by the City, the City Attorney shall pay the
same.
30. Ownership Of Documents: All documents, data, drawings, specifications,
software applications and other products or materials produced by the City
Attorney in connection with this Agreement shall be the property of the City
whether the project for which they are made is executed or not. All such
documents, products and materials shall be forwarded to the City at its request
and may be used by the City as it sees fit. The City agrees that if the documents,
products and materials prepared by the City Attorney are used for purposes other
than those intended by the Agreement, the City does so at its sole risk and
agrees to hold the City Attorney harmless for such use. All services performed
under this Agreement will be conducted solely for the benefit of the City and will
not be used for any other purpose without written consent of the City. Any
information relating to the services will not be released without the written
permission of the City. The City Attorney shall preserve, subject to State and
Federal law, the confidentiality of all City documents and data accessed for use
in City Attorney's work product.
31. Emergency Work: The City Attorney will be available for emergency work
performed on Saturdays, Sundays or legal holidays.
32. Guarantee: The City Attorney hereby guarantees that all of the work,
materials or equipment furnished by him/her under this agreement will fully meet
all requirements for quality of workmanship, materials, strength and any and all
other requirements of the specifications.
33. Americans with Disabilities Act: the City Attorney shall comply with all
applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in
performing its obligations under this Contract. In particular, if the City Attorney is
providing services, programs or activities to City employees or members of the
public as part of this Contract, the City Attorney shall not deny participation or the
benefits of such services, programs or activities to people with disabilities on the
basis of such disability. Failure to comply with the provisions of the ADA shall be
a material breach of, and grounds for the immediate termination of, this Contract.
34. Termination:
For Cause: Either party may terminate this Contract in the event the other fails to
perform its obligations as described in this Contract, and such failure has not
been corrected to the reasonable satisfaction of the other in a timely manner
after notice of breach has been provided to such other party.
Reasons Beyond Control of Parties: Either party may terminate this Contract
without recourse by the other where performance is rendered impossible or
impracticable for reasons beyond such party's reasonable control such as but not
limited to acts of nature, war or warlike operations, civil commotion, riot, labor
dispute including strike, walkout, or lockout, sabotage, or superior governmental
regulation or control.
For Public Convenience: The City may terminate this Contract in whole or in part
without notice whenever the City determines that such termination is in the best
interests of the public or for lack of continuing appropriations.
Notice: Notice of termination pursuant to these sections above, hereof shall be
given by the party terminating this Contract to the other not less than five (5)
working days prior to the effective day of termination, Provided, in the event of
emergency, termination may become effective without notice.
Termination by the Contract party for reasons of convenience to the contracting
party will require 120-day advance written notice to the City.
35. Opportunity to Cure Default: In the event that City Attorney fails to perform
a contractual requirement or materially breaches any term or condition, the City
may issue a written or oral notice of default and provide a period of time in which
City Attorney shall have the opportunity to cure. Time allowed for cure shall not
diminish or eliminate City Attorney's liability for liquidated or other damages. The
City is not required to allow the City Attorney to cure defects if the opportunity for
cure is not feasible as determined solely by the City.
The City may terminate the contract for nonperformance, breach or default
without allowing the opportunity to cure by the City Attorney.
36. Remedies for Cure of Default: If the nonperformance, breach or default
remains after City Attorney has been provided the opportunity to cure, the City
may do one or more of the following: (1) exercise any remedy provided by law;
(2) terminate this contract and any related contracts or portions thereof; (3)
impose liquidated damages; (4) suspend City Att<?rney from receiving future
invitations to bid. The City of may procure the articles or services from other
sources and hold the Bidder responsible for any excess and expense occasioned
thereby, including delay in time, whether foreseeable or unforeseeable.
SCOPE OF WORK
1. Provides legal advice, counsel, services, training, consultation, and opinions to
the Mayor, City Council, Boards and commissions, and all levels of the City
government, on a wide variety of civil assignments, including but not limited to
land use planning, laws against discrimination, construction of public works,
condemnation, purchasing and procurement, leasing, purchase and sale of
property, employment legal matters, public disclosure issues, and tort law. The
City Attorney's advice includes methods to avoid civil litigation.
2. Furnishes legal representation at all City Council business meetings, and at
other meetings when requested.
3. Appears before courts and administrative agencies to represent the City's
interests.
4. Prepares and reviews ordinances and resolutions, contracts and other
documents for legal correctness and acceptability.
5. Works cooperatively with the municipal prosecutor and special legal counsel
retained by the City for special projects.
6. Coordinates with other special counsel, as needed, to assure proper
management of legal issues, and proper coordination and transition of legal
issues among special counsel
7. Assists City officials and employees to maintain awareness of ethical
standards and appearance of fairness standards, and to avoid potential conflicts
of interest, prohibited transactions and the appearance of prohibited transactions.
8. Assists officials and employees to understand the legal roles and duties of
their respective offices and interrelationships with others.
9. Provides the Mayor and Council with guidance as to Robert's Rules of Orders
and related procedural matters relating to Council meetings.
10. Prepares legal opinions at the request of the City or the Council.
11. Provides the Mayor, Council, and administration a legal perspective and
advice on various governmental issues.
12. Performs other legal services and tasks, as assigned by the Mayor.
13. Attend all regular City Council, Planning and Zoning Commission and Zoning
Board of Adjustment meetings.
14. The City Attorney must be available by phone, cell phone, fax and e-mail.
Timeliness of response and accessibility to the City Attorney is an important
aspect of the service. Accessibility includes the ability to be generally available
to attend meetings in person on short notice and the ability to be reached
promptly by telephone. The City does not offer space for offices in a City
location.
The City Attorney will:
· Provide legal advice, counsel, services, training, consultation, and
opinions to the City Council, Boards and Commissions, and all levels of
the City government, on a wide variety of civil assignments, including but
not limited to land use planning, laws against discrimination, economic
development, police enforcement, construction of public works,
condemnation, purchasing and procurement, leasing, purchase and sale
of property, employment legal matters, public disclosure issues, and tort
law. The City Attorney's advice includes methods to avoid civil litigation
and preventive legal advice to reduce losses from claims and lawsuits.
· Furnish legal representation at City Council (1st & 3rd Tuesday of each
month), Planning and Zoning Commission (2nd & 4th Monday of each
month), and Zoning Board of Adjustment (as scheduled) and other
meetings or attend meetings of other City boards as requested by the
City Council or City Manager.
· Be the legal advisor to the City Council, Boards and Commissions, and
the City Manager with respect to any legal matter pertaining to the
affairs of the City.
· Upon the City Attorney's own initiative or upon the direction of the City
Council or City Manager to appear in any and all litigation affecting the
City and to represent the City in such manner as the City Attorney
deems to be to the best interest of the City, and to institute, with City
Council approval, such legal proceedings as may be necessary or
desirable on behalf of the City. Obligations of this service will be in
concert with those cases where City insurance companies are required
to provide defense, or where the City Council chooses to retain
specialized or other legal services. In such cases, the City Attorney will
work cooperatively with the appropriate law firm as needed.
· Prepare and review contracts, inter-local cooperation agreements,
ordinances and resolutions, and other documents for legal correctness
and acceptability.
· Review contracts, bonds, deeds, securities and insurance requirements
required by or for City contracts or activities.
· The City Attorney shall, among other items:
a) provide legal advice relating to Open Meetings Act and the Public
Information Act;
b) provide legal advice relating to elections and ethics;
c) serve as legal advisor for the police and fire departments;
d) provide legal advice regarding land use, zoning, planning, platting
and code enforcement;
e) provide legal advice regarding human resource and employment
matters;
f) provide legal advice regarding economic development matters
and eminent domain;
g) provide legal advice regarding financial matters, procurement and
public works and capital projects;
h) provide litigation services as needed; and,
i) Provide Municipal court prosecution each Thursday as needed
including the preparation of municipal court complaints, jury
charges and other forms.
· Coordinate with other special counsel, as needed, to assure proper
management of legal issues, and proper coordination and transition of
legal issues among special counsel. Service will include the supervision
of legal services performed for the City by retained counsel.
_.
· Assist City officials and employees to maintain awareness of ethical
standards and appearance of fairness of standards and to avoid
potential conflicts of interests, prohibited transactions and the
appearance of prohibited transactions.
· Assist officials and employees to understand the legal roles and duties
of their respective offices and interrelationships with others.
· Provide the Mayor and Councilmembers with guidance as to Robert's
Rules of Orders and related procedural matters relating to City Council
meetings.
· Prepare legal opinions at the request of the City Councilor the City
Manager.
· Provide the City Council and City Manager a legal perspective and
advice on various governmental issues of State, Federal and local laws
and make recommendations for compliance and enforcements.
· Perform other legal services and tasks as assigned by the City Council
or City Manager.
@mru ln~iry
117799
USING YOUR MUNICIPAL ATTORNEY
MORE EFFECTIVELY
What role does the municipal at-
torney play in your municipality? Is the
attorney contacted on a regular basis
and kept apprised of what's going on
in the community, or is the municipal
attorney only contacted when there's
a crisis? The municipal attorney can
play a valuable role in helping a mu-
nicipality carry out its responsibilities
and accomplish its objectives in a law-
ful manner. This legal comment ex-
plains what the municipal attorney
does and offers sonie tips for using the
municipal attorney more effectively.
What OoesThe Municipal Attorney
Do?
.- Missouri law does not specify the
tlonsibilities of the municipal attor-
ney in any great detail. With so little
statutory guidance there are, under-
standably, wide variations in the way
in which communities use their mu-
nicipal attorney. Although the job of
the municipal attorney varies depend-
ing on the size of the municipality and
the complexity of the issues it faces and
the services it provides, here are some
I things municipal attorneys or special
counsel (e.g., labor counselor bond
counsel) typically do for municipalities:
· Give legal advice and opinions
to the governing body and other
boards, commissions and departments.
) · Draft resolutions, ordinances,
deeds, contracts and other legal docu-
ments to which the municipality is a
party.
· Represent the municipality's
interests in legal proceedings.
· Attend governing body meet-
ings and meetings of other boards and
commissions when requested.
· Review governing body agen-
to identify potential legal problems.
l ,,,.......... MU....PALREV'EW I ."",",BER "'"
by Claire Silverman
· Develop forms, policies and
procedures to standardize government
operations and ensure the municipal-
ity is proceeding lawfully.
· Ensure that bodies acting in a
quasi-judicial capacity do so in a mean-
ingful way that ensures due process
and develops an adequate evidentiary
record.
· Represent the municipality in
labor negotiations.
· Advise the municipality re-
garding financial matters.
· Assist in matters relating to
land acquisition and development.
· Prosecute cases involving or-
dinance violations.
· Assist in ordinance codifica-
tion.
Tips For UsingYourAttorney More
Effectively
The following list is not intended
to be exhaustive but, rather, is a start-
ing point for using your municipal at-
torney effectively.
~ Remember that you and the mu-
nic al attorney are on the same team.
Th municipal attorney should not be
viewed as an obstructionist. It is the
municipal attorney's job to protect the
municipality by identifying potential
legal problems and to assist the mu-
nicipality so it exercises its powers in
a lawful manner. If you have specific
goals, clearly communicate those goals
to the attorney. It may be the goal it-
self is unlawful. In that case, it is bet-
ter to know in advance in order to pro-
tect the municipality from liability.
However, most often the end goal is
legitimate, and there are a variety of
ways to achieve the desired result. The
means of achieving the goal are less
important than reaching the desired
result, but using the wrong means can
have significant legal consequences.
Consult with the municipal attorney
and allow the attorney to identify the
various legal ways to achieve the de-
sired result and the benefits and pit-
falls of taking a particular route. Be
open to the attorney's suggestions.
2 Remember who the client is.
cipal officials should bear in .mind
he municipal attorney's client is
the municipality, acting through its
governing body, and not the individual
officers or employees. Because the mu-
nicipality is the client and it often is
unclear who can speak or act on be-
half of the municipality, it can be help-
ful for both the attorney and munici-
pal officials if the governing body de-
velops clear guidelines regarding who
can contact the municipal attorney and
under what circumstances it is appro-
priate to do so. Individual officers and
employees must understand that they
themselves are not the attorney's cli-
ent, and the municipal attorney may
not be able to keep confidential every-
thing told to the attorney. Moreover,
officials and employees should not at-
tempt or expect to persuade the mu-
nicipal attorney to act in a manner in-
consistent with the attorney's obliga-
tion to the client, the municipality.
5 Involve your municipal attorney
e When a municipality does not
in-house counsel, local officials
are sometimes reluctant to call the
municipal attorney because it costs
money. Although the cost of legal ser-
vices is a valid concern and it's unnec-
essary to call the municipal attorney
for every little thing, the best advice
is don't be penny-wise and pound-fool-
ish. There are many times when an
early request for legal assistance can
save money and unnecessary head-
aches down the road.
Consult the municipal attorney
whenever the municipality or its offic-
ers and employees are the subject of
or receive legal documents such as
complaints or subpoenas. Legal advice
also is warranted whenever munici-
palities must follow specific statutory
procedures in order to exercise certain
powers - e.g., annexation of property,
creating tax increment finance dis-
tricts, imposing special assessments
and impact fees, razing of buildings,
zoning and platting matters, revocation
of licenses. It's also wise to consult the
attorney when failure to take adequate
steps to protect the municipality can
result in significant expense for the
municipality. For example, in matters
relating to development, failure to se-
cure the necessary protections can
leave a municipality responsible for
making substantial and expensive im-
provements, completing unfinished
work or redoing shoddy work.
Finally, it's also a good idea to seek
legal advice whenever the municipal-
ity will be bound by contracts or other
negotiations. With regard to significant
contracts or negotiations, it's impor-
tant to involve the attorney early, be-
fore all the details have been worked
out. Once a deal is ready to be con-
cluded, it gains a momentum of its own
and it is very difficult for an attorney
who is brought in toward the end of
the deal to have meaningful input.
Furthermore, when an attorney is
bro.ught in late and then spots a num-
ber of legal issues and potential prob-
lems, it is much more expensive to
address the problems and remedy
them. Moreover, if the potential prob-
lems are not addressed and later be-
come actual problems or lead to litiga-
tion, legal assistance becomes truly
expensive.
4!repare before speaking or
m with your municipal attorney.
Jus s a good lawyer should prepare
to meet with a client, a client can and
should spend time preparing to meet
,-
with an attorney. Doing your home-
work before meeting with the attor-
ney will give the municipality the best
value for the money it spends on legal
services. The attorney often comes into
a situation knowing very little about
it. Take time, before meeting with the
attorney, to identify and document the
pertinent facts, and to identify what
you think the important issues and con-
cerns are. Understand what the
municipality's objectives are and be
prepared to explain them to the attor-
ney.
a Be very clear regarding expec-
io s. Have a clear idea regarding
portance of the matter and con-
vey those expectations to the attorney.
Think about the role you expect the
municipal attorney to play. Should the
attorney write a formal opinion letter
laying out the relevant facts and ex-
plaining the various options? Should
the attorney draft certain legal docu-
ments? Is the matter a minor one
where the attorney is being used pri-
marily as a sounding board? Make sure
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.Jo.b.e attorney understands the priority
;he matter - low, intermediate or
...gh - and that you explain the
municipality's time frame regarding
the matter and when the answer or
work product is needed.
6Plan ahead for legal services.
. he attorney adequate time to
r ch issues and answer questions.
Don't demand an immediate response
from the municipal attorney at a meet-
ing. Municipal law is not a compact,
well-defined body of law. Rather, mu-
nicipal law includes a vast number of
areas such as annexation, contracts,
employment law, powers of govern-
mental bodies, platting, zoning, open
meeting and public record laws and
public utilities (just to mention a few).
Provisions relating to municipal law
are complex and are sprinkled through-
out the statutes, both federal and state
and in administrative regulations. On
top of that, there often is case law
where the courts have interpreted
these provisions. The municipal attor-
ney should not be expected to have all
the various provisions memorized or
,- ~hoot from the hip.
~provide the attorney with the
nee sary resources to do the job re-
qu ted or clearly limit the scope of
the job. Don't ask your attorney to do
a quick review of complex documents
or just "look things over." If a review
is to be meaningful, it is necessary to
allow the attorney to take the time and
measures necessary to do the job. The
municipal attorney can commit mal-
practice by doing an inadequate job.
Therefore, it is only fair to give the
attorney some express indication if the
attorney's review is intended to be lim-
ited in its scope.
aBe candid with your municipal
y. Disclose all the pertinent
and don't be selective. Although
being selective in what you tell the
municipal attorney may get you the
answer you want, it may have signifi-
cant consequences for the municipal-
ity later. With careful thought and plan-
ning, a good attorney can deal with bad
facts. However, it is very difficult for
an attorney to deal with damaging facts
when the attorney is blindsided later
in the process. In all likelihood, dam-
aging or. unfavorable facts eventually
will be revealed, so be candid with your
municipal attorney and make sure the
attorney is aware of all relevant facts
so he or she can figure out how they
weigh in the equation and deal with
them accordingly.
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aunderstand that your munici-
p rney cannot always give a con-
cr nswer. Contrary to popular opin-
ion, attorneys do not like to waffle.
Attorneys like to be able to advise their
clients with certainty, but quite often,
the law does not provide a clear-cut
answer to a legal question. Although
your municipal attorney should be able
to analyze the law in a given area and
make an educated prediction regard-
ing the likely outcome, there are times
when the attorney will not feel com-
fortable making a prediction because
it is too close for the attorney to call.
In those situations, it is reasonable for
the attorney to explain the relevant
law and why the question is too close
to call. The attorney also should ex-
plain the consequences given several
different outcomes.
~Bmember.that lawyers are le-
g dvi rs, not policy makers. The
. I attorney is a legal advisor,
and it is the attorney's job to help the
municipality see what the options are
and what the benefits and disadvan-
tages might be of proceeding in a given
way. The municipal attorney should not
be pulled into politics and should be
allowed to maintain independence and
objectivity so that the attorney can give
the correct legal answer rather than
the desired legal answer. Once the leg-
islative body has decided which way to
proceed, the municipal attorney then
can implement the plan and make sure
the municipality carries out its pow-
ers lawfully.
j
Conclusion
The municipal attorney is a valu-
able part of any municipal team and,
when used effectively, can do a lot to
help the municipality carry out its re-
sponsibilities and lawfully achieve its
goals while at the same time protect-
ing the municipality and its officers and
employees from significant liability.O
This article was reprinted from the April 2001
issue of The Municipality. a publication of The
League of Wisconsin Municipalities. Claire
Silverman serves as legal counsel for the
League of Wisconsin Municipalities.
Get a Lawyer
altered and reprinted/rom the Maine Tov.nsman courtesy o/the Maine Municipal Association
by Jo Josephson. Maine Municipal Association
This article is based on research conducted in the
state of Alaine. The information is pertinent to the cities
of Idahn.
YOU arc about 10 negotiate a franchise agreement
with a cable TV company.
You've drafted an ordinance instituting a curfew on
minors; on regulating bed and breakfast establishments;
on the spreading of sludge in your town.
You plan on firing an employee. You are being sued
by a former employee.
Your biggest taxpayer is seeking a tax abatement.
It's time to call your attorney. But what iflhc local
i. .,..
T I ;~ - . f" .",:.! i
'. ',,' r \.
; .',,;:: .'.1)'....
I {I '-+ (},'.
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. L
attorne~' you relied on for years is retiring. Oryou suspect
the case is beyond hisor her general practice. Or the large
firm Ihat has handled your work for years isn't as acces-
sible as you would like. What then? Is it time to shop
around for a new attorney/firm? Or is it time to start
thinking about establishing your own in-house legal
department?
This article looks brieny at the different kinds of
arrangements municipalities in the state of Maine have in
order to meet their legal needs. It looks at a number of
issues one should consider when shopping around. 11
makes a case for in-house attorneys. It looks at the issues
of cost and the importance of practicing "preventive
law" in keeping costs down.
OPTION J: LEASING
All municipalities contacted for this article reported
engaging in the practice of "leasing" attorneys, even
those which had their own in-house, full-time legal
departments.
Those without their own in-house counsel regularly
use the services of attorneys associated with large and
small firms. Generally, but not always, the small firms
provide general counsel for non-specialized, non-liti-
gious work; the larger firms provide special counsel in
4
cases where in-house attorneys or local attorneys have
conflict of interests or in cases that require special exper-
tise.
A good example of the typical mix is the City of
Wilton, population 5,000. When it recently came to
searching the title of land it was purchasing for its new
water treatment plant, Wilton turned to its local" general
practitioner". Their fees were 60 percent ofUlat charged
by the large Portland based firm it retained for the
specialized work of negotiating the renewal of its cable
TV franchise and the labor contacts of its police depart-
ment and highway crews.
Ad\'anta~e: "Depth of Resources"
Who you hire depends on what you need. As Lee
Bragg. a fornler attorney with Maine Municipal Associa-
tion (MMA) legal department. currently on the staffoftl1e
60-membcr Portland law firm ofSernstein. Shur, Sawyer
and Nelson sees it, the practice of llIunicipallaw is very
broad. Whilca lotofthe legal work he docs is lruly uniquc
to municipalities (cable TV, public sector financing and
law and code enforcement), a 101 (contacts, real eslate
disputes, environmental and licensing needs) is no\.
"It's impossible for one attorney to be well-versed in
all areas of municipal law, " says Bragg. As Bragg sees
it. large law firms have a "depth of resources" a client
may draw upon. "That depth," says Oragg, "is critical
for the client. "
Bragg says that towns hire him specifically, not his
firm. But they have access to the rest of his firm. While
he docs the majority of the work, he finds it to his client's
advantage to involve someone else from his firm with
more experience in an area about 20 perccnt ofthe timc.
Conflict of Interest
Special expertise aside, avoiding conflict ofinterest is
another reason municipalities often turn from tllcir own
legal department or a local firm to larger out-of-town
firms. In-house stafToftcn have thcirfingers in many pies,
drafting the ordi nance that is subject to an appeal process.
Local firms arc often caught in the web of local interests
and developers.
"Generally, it's easier to solve legal problems if you
are not closely associated with the town. Be it politics or
the indcpendent perspective or the diminished risk of
conflict, local officials appreciate the disassociation asso-
ciated with larger out-of town firms," says Bragg.
But he warns that in a small state; it doesn't matter
who you hire; there can always be a conflict.
Cost of Leasing
Bragg says how much a firm charges is "largely
irrelevant." Clients always ask: .. What is the hourly
rate?" What they should be asking is "Can you do high
IDAHO CITIES
quality work efficiently and economically?"
"If you are concerned about cost, look not al the
hourly rate, bul at the total cost. Equally important to ask
is what arc you getting for that total cost," says Bragg.
Attorney Karen Lovell, who works for the firm of
Smith, Elliott, Smith, and Ganney with offices through-
out Maine employing 14 attorneys. agrees with Bragg.
"Both the quality of service and tllC hourly rate should be
considered," says Lovell.
"Municipalities should know they arc valuable c1i-
cnts in this economy because they gcnerally pay their
legal bills in a very timely fashion. This puts them in a
favorable bargaining position when secking legal rcpre-
scntation. says LovclL As such, Lovcll says hcr finn tries
to bc competitive b~' reducing all hourly ralcs (exccptthat
charged by litigation) by 25 percent whcn it comes to
municipal work.
Private allOrne)s interviewed for this article noted
ratcs ranging froIll $50 an hour for the serviccs of
paralegal stalTto $95 an hour forthe work ofan associate
member to as high as $150 an hour for senior partners.
Smaller firms which gcnerally. but not always. charge
lcss than larger firms, appear to be more flexible in the
fees thcy charge. The city of Kiucry's atlorncy. Duncan
McAckeran, who works for a l2-Olcmbcr firm whose
main officc is in Portsmouth. New Hampshire, has been
Kiuery's attorney for 20 ycars, working out ofthc firm's
local office in Kiucr:>'.
Because of his longc\'ity with the town and because he
Iivcs in the community, McAckeran s.'l)'s he tries to
temper his work with the town's legal budgct" and
"changcs his fees depending on what he is working on."
His top ralc IS $100 an hour whcn he is doing court work
for the (own. Hc does not charge Lhat ratc silting through
a six-hour council meeting. he sa)s. According to Phil
McCarthy. Killery town manager. not only docs
McAckeran h;I\C the hisIOr:>., he "cares about the timc"
(spent onlhc work).
OPTION II: OWNING
Ad,'antage: "Prc\'cnti\'c Law"
Whereas at torncys associatcd with large private firms
tout their "dcpth of resources". and attorneys in small
local firms note their longcvity of service and sensiti....ity
to local budgets, the in-house municipal attorneys point
to their cost-sa....ing practice of "prcyemi\.c law". Be-
cause they are c\w-prcsent. they saythcy arc able to avoid
legal costs by 3\'oiding legal problems in the first place.
By prevcnti....e law, the city of Bangor's Eric Stumpfel
says he means' 'preventing things from happening." in
other words, doing it right. espeCIally whcn it comes to
firings. Making surc the facts in a termination constitute
just cause. making surc someone's ci\'il rights are not
..OVEMBEIt
being trampled upon.
As Rockland's City Attorney Carol Maines sees it,
wherc a department head would be reluctant to call upon
the services of outside counsel because of the ticking
clock, they would not hesitate to contact the town's staff
attorney. "That ten-minute conversation saves a lot of
money in the long-run, " says Maines.
Portland's Wood notcs that thc city's Icgal advisers to
the city's 150-member police department arc "worth
their wcight in gold". "Liability costs there have been
reduced to about $25,000 a year becausc the city has been
ablc. through wise counsel, to avoid successful litigation
claims, " rcports Wood.
Maincs also points out that her prevcntive law prac-
tice for the CIty somctimes can backfire. "When wc are
not being sucd left and nght, when things are going
smoothly, the council begins to wonder just what she does,
forgclling that her role is to deter such law suits."
Maines goes a step further and says she not only
practices "preventive" law but "restraining law" as
well. She believes her very presence discourages frivo-
lous and other lawsuits against the town, "Towns
without their own aUorneys are often inclined to scttle
under the very thrcat of an expensive law suit," she says,
but because hcr prcsence engenders her with "bluff
calling ability", shccan often act to put somcone on hold.
The practice of prc\Clllive law is not unique to the
rnunicipallegal dcp:lrtmcnts. Ed Bearor. a fornler town
managcr of Newport, who is now with tile Bangor firm of
Rudman and Winchell, has lluniquc approach to provid-
ing his clients with the tools thcy need to practicc prC\.en-
live law. He conducts training workshops for his clicnt's
planning boards. uSing MMA's Il<mdhook JOt' Local
J>lm1l1illg Boardl.. ..1 L<'gall)a.'peclll't' as a basic text.
., Five hours oftraining are well \\orlh onc cxpensive
lawsuit." says Bearor.
Cost of Ownin~
While salarics are imponant, they are not the only
costs whcn considering establishing an in-house legal
department. There are the lawbooks and other publica-
tions nccessary to a well run officc, not to mention the cost
of staff support and overhead.
That Sc1id. a quick look at thc salaries of a selected few
in-house offices follows: Bangor's Stumpfel is paid
$-l5,{){)() a year. plus benefits: his associate earns $37.000
a year; (he sccrcta~. earns $2&,ouU a year. Stumpfcl
figures that the legal departmcnt' s average cost per hour
is about $50. The departmcnt's budget. exclusive of
outsidc counsel. is about $165,uoo a year. As Stumpfcl
sees it. "with an in-house legal stalT. you get more hours
for the money"
Portland's Wood. who is paid $54,000 a year, ligurcs
CUflllIlIled on back cover
~
Reinventing Government is a term taken from the book
co-authored by Ted A. Gaebler. Mr. Gaebler was tlle
featured speaker at a workshop hosted by the Associated
Taxpayers of Idaho this montl!. Idaho cities join the
Associated Taxpayers in their respect for Mr. Gaebler's
ideas about efficient government. Cities have success-
fully maximiled their limited resources by practicing
entrepreneurial govenmlent. Cities hope to build upon
this effort by continuing to allow the power of the free
market to work in the interest oflocal government and the
provision of services requested by local residents.
In seeking improvements in local government sen'ice
delivery, the Association has adopted as its central effort
the guiding principle of Public - Private Partnerships.
AlC will continue to foster the Public Enterprise ap-
proach to strengthen the service mission of local govern-
ment. We will assist our membership to think differently,
to accept new roles, and to create new structures for
customer service.
The cities will seck partners who arc customer-oriented,
market- oriented, profit-oriented, who use a business plan
as a road map. To accomplish this cities will need the
increased involvemelll of the business communit)' in the
design and operation oflocaJ government. To accomplish
this increased involvement, three initiatives are pro-
posed :
1. Change Ule overly-restrictive conflict of interest
clause in the "Ethics in Government Act" which,
according to the Attorney General's office. absolutely
prohibits a local government from contracting for
services Witll an)' business whose employees arc cit)'
council members.
2. Allow cities the option of using the same bid
security requirements which are currcntly available
to Slate government.
3. Support the amendment of Article VI I Section) of
the ldahoConstituLion, reducing the super majority of
66 2/3 percent required to pass general obligation
bonds to 55 percent.
This third proposal, to reduce the super majority require-
ments, supplements the results of Ales proposal to
reduce cities' reliance on property ta.\: by I percent each
year for 10 years.
Property taxes are currently spent for on-going cil)'
operation and maintcnance (0 & M). AIC proposcs that
6
0& M be funded through sales tax, income tax, and fees,
rather than through property taxes. Voters who feel
strongly about the provision of capital improvements
could then pass general obligation bonds. Short-term
spending on 0 & M can be replaced by long-teml
spending on infrastructure.
Here's an example of how this might work: If 100 percent
of the annual property tax reduction ($3.4 million) from
the Proposed Revenue System of Idaho cities were to be
approved by Idaho voters in Gencral Obligation Bonds,
$34 million of infrastructure could be built (at today's
interest rate of 5.5 percent for 20 years). $100,000.00 per
year for 20 years would retire $1.2 million infrastlucture
improvements. Over the ncxt 10 ycars, $340 million of
capital needs could be built.
O PRIORITY NUMBER FOUR -
HOUSEKEEPING ITEMS
We conclude AlC's four pan legislative package with
some housekeeping items. Efforts as complex as state and
local governments can expect to benefit from periodic
adjustments to promote efficiency.
The follo\\1ng minor changes to existing Idaho code wiJI
promote better use of existing resources. The state-wide
association of city clerks and finance officers. those who
work daily in the front line of city service delivery,
recommended three of the following four changes:
I. Clarify the dIstribution of property taxes between
cities and COllllly highway districts. Clarify the
metllOd for distribution ofthe highway taxes between
the cities and counties.
2. Modi~y PERSJ's definition of "seasonal cmploy-
ees" from tIle current five months to eight months
before retirement system contributions are required.
3. Alter worker compensmion coverage costs for
individuals required to participate in work-release or
communit)' sm'icc. The judicial system should specify
that the workers compensation coverage is paid for
from fines, mther than from cities funds.
4. Amend the Public Records Act, allowing cities to
charge the same ratc as counties for copies of docu-
ments: $1.00 per page. The current rate is S.04 per
page, which does not accurately reflect costs. .
IDAHO CITIES
December 17, 2004
The City of Colleyville, Texas is currently soliciting sealed proposals for general legal
services and municipal court prosecution services to be provided by the City Attorney.
The City desires quality cost efficient legal services that are progressive, proactive and
designed to avoid litigation. Interested law firms and/or individual attorneys should
submit a proposal for consideration to the City Secretary by 2:00 p.m., January 13,
2005. Included with this letter is instructions on submitting a proposal and information
about the City. Also provided is a general review of the role for the City Attorney.
The City Attorney is directly accountable to the City Council and provides legal advice to
it and the various Boards, Commissions and Corporations and all City Departments re-
garding municipal issues. Service includes drafting ordinances and contracts prior to
consideration by the City Council to ensure compliance with State, Federal and local
laws. The City Attorney is also responsible for adjusting claims, initiating and defending
lawsuits, and prosecuting cases filed in Municipal Court and making recommendations
pertaining to risk management.
All proposals will be reviewed by the City Council. Individuals or law firms submitting a
proposal shall be available for a brief interview with the City Council scheduled for
January 18, 2005 starting at 5:30 p.m. The location of the interview will be the Execu-
tive Conference Room (third floor) at City Hall, 100 Main Street, Colleyville, Texas. It is
anticipated that the City Council will select a City Attorney at the January 18, 2005 City
Council meeting. The selected firm should be available to begin service to the City im-
mediately.
On behalf of the City Council, I appreciate your time and attention to this Request for
Proposal for Legal Services. Please feel free to give me a call at 817.503.1116 should
you have any questions on this matter.
Sincerely,
Bill Lindley
City Manager
Attachment:
· Request for Proposals - Legal Services
1
REQUEST FOR PROPOSALS
Legal Services
The City Council of the City of Colleyville, Texas invites interested attorneys and/or law
firms to submit written proposals to provide contract legal services to the City. All inquir-
ies regarding the Request for Proposal should be directed to Bill Lindley, City Manager
(817.503.1116).
General Scope of Services: The City seeks legal services encompassing the traditional
scope of work including legal counsel, opinions, consultation and coordination with spe-
cial counsel. Attendance at a variety of meetings will be required, including City Coun-
cil, Planning and Zoning Commission and Zoning Board of Adjustments meetings.
Delivery: Fifteen (15) copies of the proposal are to be submitted in a sealed envelope
bearing the law firm's name, address, phone number and "Proposal for Legal Services"
and either mailed or delivered to the City Secretary City at 100 Main Street Colleyville,
Texas 76034. Proposals must be received on or before 2:00 p.m. January 13, 2005 in
the City Secretary's Office. Proposals received after the above stated time shall not be
considered. Proposals post marked but not delivered by the U.S. Postal Service by the
due date and time shall not be considered received by the City of Colleyville. At said
time and place all proposals timely received in the Office of the City Secretary will be
publicly opened and the name of the individual attorneys and/or law firms submitting a
proposal announced.
Proposal Contents: The proposal shall be limited to 25 pages, three-hole punched, sin-
gle-sided, and submitted on standard 8 %" x 11" paper. The page count shall include
the cover letter, section dividers, resumes and company brochure, etc. The minimum
font size for text shall be 12-point. The minimum font size for non-text portions, such as
graphics and charts, shall be 10-point. Proposals should not be submitted in an elabo-
rate format, and expensive binders are not desired. The proposal should address the
following items.
1) Statement of Qualifications
The proposal should in narrative form provide a brief overview and history of the law
firm, the firm organization, the number of years of continuous operation under the cur-
rent law firm name, the name(s) of the law firm for the previous ten (10) years if dif-
ferent than the current law firm name; the number of years of municipal experience,
number of attorneys (partners and associates), and the number of support personnel.
2
Request for Proposal- City Attorney
2) Firm Resources
The proposal should in brief narrative form describe the physical resources of the law
firm and list the physical address of the law firm for the previous ten (10) years.
3) Municipal Litigation Experience
Briefly describe the law firm's litigation experience and whether the individual attorney
or law firm is an approved defense counsel for the Texas Municipal League Risk Pool.
4) Service Philosophy
Briefly describe the service philosophy of the law firm and what if anything distinguishes
the law firm from other attorneys or law firms.
5) Method of Service
Briefly describe the method of how the law firm will provide legal services to the City. In
addition, discuss what is the law firm's approach with regard to clerical support, prepa-
ration of legal documents, how often the lead attorney would be available to the City
Council, City Manager and staff? Also review how does the attorney or law firm see its
role in serving in the City?
6) Assigned Personnel
Provide the name and municipal experience of each attorney who will be providing legal
services (including municipal court prosecution services) to the City, and area(s) of re-
sponsibility.
7) Municipal Client List and References
List of current municipal clients for which the individual attorney or law firm serves as
City Attorney and provides general services including the name, position and phone
number for client reference.
8) Transition Coordination
Describe the approach and suggestions for the transition from the current City Attorney
to a new law firm.
9) Fee Structure
Describe the fee structure, including any monthly retainer, hourly rates and reimburs-
able expenses proposed by the law firm. The hourly rate shall note the incremental
minutes of the hourly billing rate. The proposed compensation package shall be inclu-
sive of all service costs. The fee structure should be presented on, at least as one op-
tion an hourly basis billable with a monthly retainer for attendance at the two regular
monthly City Council meetings. The City will select the finalist by considering the pro-
posed compensation as a "best and final offer," although the City reserves the right to
negotiate terms as needed to improve elements of the proposal to best meet the needs
of the City, including cost.
3
Request for Proposal- City Attorney
10) Conflict of Interest Statement
Provide a statement that the individual attorney or law firm agrees, while serving as the
City Attorney, not to undertake any representation of any person or entity in any matter
adverse to the City. State whether the law firm represents any adjoining or neighboring
municipality to the City of Colleyville or other public entity within Tarrant County. Also,
indicate if the law firm currently represents any real estate development interest or
company either currently or anticipating conducting business with the City.
Minimum Qualifications:
The City Attorney (partners and/or associates) must:
(a) posses a Juris Doctorate degree and have graduated from a law school accred-
ited by the American Bar Association;
(b) be a member in good standing of the Texas State Bar Association;
(c) be able to demonstrate experience in the field of municipal law; and
(d) must be available by telephone, cell phone, telefax and electronic mail.
Selection Process:
The selection of the City Attorney and contract award will be made by the City Council.
The City Council reserves the right to reject any or all proposals, in whole or in part,
waive technicalities or irregularities, and to accept any proposal if such action is be-
lieved to be in the best interest of the City. In addition, the City Council reserves the
right to request any additional information from any or all proposers.
4
Request for Proposal- City Attorney
Community Overview
The City of Colleyville is located halfway between Dallas and Fort Worth and only min-
utes from the Dallas/Fort Worth International Airport. In the heart of the mid-cities area
of Northeast Tarrant County, Colleyville is synonymous
with comfort, convenience and class while maintaining a
refreshing, rural flavor. The City's winding roads, mag-
nificent homes, plush parks, and lush landscaping en-
amor visitors and residents alike, evoking an inviting
sense of community. The City is named for Dr. L. H.
Colley who moved to Texas in 1880, eventually settling
in the area. Dr. Colley was the town's only physician
and deeply involved himself in the community. The
demographics show that today's Colleyville is 13.1
square miles; the community is approximately 80% de-
veloped; the current population is just over 20,000; the
median household income is $117,419; 94% of homes are owner-occupied; 55.7% of
the residents work professionally and 56.6% have earned a Bachelor's degree or
higher.
With an average home value of $315,631, over 20% of households have an income ex-
ceeding $200,000. 0 Magazine ranked Colleyville as the fifth best suburb for residence
in the entire Dallas and Fort Worth Metroplex in its July 2004 issue.
The Municipal Organization
The City of Colleyville was founded in 1956. The
City Charter was initially adopted in 1976.
Colleyville has approximately 169 employees and
operates under a Council-Manager form of
government. The various operating departments all
report directly to the City Manager. The City
Attorney provides advice and counsel to each of
the operating departments and elected officials.
The City is governed by a six-member City Council,
composed of a Mayor and five Councilmembers, all
elected at large. City Manager Bill Lindley is entering his fourth year with the City. Mr.
Lindley has worked with Texas local governments for the past twenty-two years, serving
as either City Manager or Assistant City Manager with four previous cities.
The Mayor and Council include:
· Joe Hocutt, Mayor, has served in office one year following two years as a
Councilmember (Occupation - Commercial Printing)
· Jon Ayers, Mayor Pro-Tem, Place 4, has served on the City Council since May
2003 (Occupation - Attorney)
5
Request for Proposal- City Attorney
. Mark Skinner, Place 1 Councilmember, has served on the City Council since
May 2003 (Occupation - Commercial Real Estate Broker)
. Elaine Dolan, Place 2 Councilmember, has served on the City Council since May
2003 (Occupation - Financial Representative)
. Rich Hendler, Place 3 Councilmember, has served on the City Council since May
2002 (Occupation - Sales-Marketing Director)
. Tom Hart, Place 5 Councilmember, was elected to serve on the City Council May
2004 (Occupation - Corporate Fraud Investigator).
City Manager Bill Lindley is entering his fourth year with the City. Mr. Lindley has
worked with Texas local governments for the past
twenty-two years, serving as either City Manager or
Assistant City Manager with four previous cities.
The Combined Budget for the 2004-2005 fiscal
year (October 1 - September 30) is $27.2 million
(General Fund ($13.9 million). The City Attorney
provides advice and counsel to each of the operat-
ing departments and elected officials. Along with
- this, the City Attorney provides legal advice for the
City's Sales and Use Tax Special Purpose Crime
Control District and the 4B. In addition, the City Attorney provides legal advice for the
City's Tax Increment Financing District.
Description of Legal Services
The City Attorney will:
· Provide legal advice, counsel, services, training, consultation, and opinions to
the City Council, Boards and Commissions, and all levels of the City
government, on a wide variety of civil assignments, including but not limited to
land use planning, laws against discrimination, economic development, police
enforcement, construction of public works, condemnation, purchasing and
procurement, leasing, purchase and sale of property, employment legal
matters, public disclosure issues, and tort law. The City Attorney's advice
includes methods to avoid civil litigation and preventive legal advice to reduce
losses from claims and lawsuits.
· Furnish legal representation at City Council (1st & 3rd Tuesday of each month),
Planning and Zoning Commission (2nd & 4th Monday of each month), and
Zoning Board of Adjustment (as scheduled) and other meetings or attend
meetings of other City boards as requested by the City Councilor City
Manager.
6
Request for Proposal- City Attorney
· Be the legal advisor to the City Council, Boards and Commissions, and the
City Manager with respect to any legal matter pertaining to the affairs of the
City.
· Upon the City Attorney's own initiative or upon the direction of the City Council
or City Manager to appear in any and all litigation affecting the City and to rep-
resent the City in such manner as the City Attorney deems to be to the best
interest of the City, and to institute, with City Council approval, such legal pro-
ceedings as may be necessary or desirable on behalf of the City. Obligations
of this service will be in concert with those cases where City insurance com-
panies are required to provide defense, or where the City Council chooses to
retain specialized or other legal services. In such cases, the City Attorney will
work cooperatively with the appropriate law firm as needed.
· Prepare and review contracts, inter-local cooperation agreements, ordinances
and resolutions, and other documents for legal correctness and acceptability.
· Review contracts, bonds, deeds, securities and insurance requirements re-
quired by or for City contracts or activities.
· The City Attorney shall, among other items:
a) provide legal advice relating to Open Meetings Act and the Public
Information Act;
b) provide legal advice relating to elections and ethics;
c) serve as legal advisor for the police and fire departments;
d) provide legal advice regarding land use, zoning, planning, platting and
code enforcement;
e) provide legal advice regarding human resource and employment
matters;
f) provide legal advice regarding economic development matters and
eminent domain;
g) provide legal advice regarding financial matters, procurement and public
works and capital projects;
h) provide litigation services as needed; and,
i) Provide Municipal court prosecution each Thursday as needed including
the preparation of municipal court complaints, jury charges and other
forms.
· Coordinate with other special counsel, as needed, to assure proper
management of legal issues, and proper coordination and transition of legal
issues among special counsel. Service will include the supervision of legal
services performed for the City by retained counsel.
· Assist City officials and employees to maintain awareness of ethical standards
and appearance of fairness of standards and to avoid potential conflicts of in-
terests, prohibited transactions and the appearance of prohibited transactions.
7
Request for Proposal- City Attorney
· Assist officials and employees to understand the legal roles and duties of their
respective offices and interrelationships with others.
· Provide the Mayor and Councilmembers with guidance as to Robert's Rules of
Orders and related procedural matters relating to City Council meetings.
· Prepare legal opinions at the request of the City Councilor the City Manager.
· Provide the City Council and City Manager a legal perspective and advice on
various governmental issues of State, Federal and local laws and make
recommendations for compliance and enforcements.
· Perform other legal services and tasks as assigned by the City Council or City
Manager.
8
,~.....,
PROPOSAL FOR
LEGAL SERVICES
BOYLE & LOWRY, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
(972) 650-7100
www.boyle-Iowry.com
BOYLE & LOWRY, L.L.P.
JOHN F, BOYLE, JR,
L. STANTON LOWRY
_ MATTHEW C. G. BOYLE
DOUGLAS H. CONNER, III
MICHAEL K. KALLAS
DAVID H, BRUNE*
ALAN C. W A YLANO*
OF COUNSEL
A ITORNEYS AND COUNSELORS
4201 WINGREN, SUITE 108
IRVING, TEXAS 75062-2763
(972) 650-7100
Fax: (972) 650-7105
www.boyle-lowry.com
Writer's Direct Line:
(972) 650-7104
E-mail: mcgboyle@boyle-Iowry.com
January 13, 2005
Confidential- Via Hand Delivery
Mr. Bill Lindley (c/o City Secretary)
City Manager
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Proposal for Legal Services- Boyle & Lowry L.L.P.
Dear Mr. Lindley:
Thank you for the opportunity to submit a proposal to provide City Attorney services to
the City of Colleyville. As a firm whose primary practice area is the representation of municipal
clients, it is our pleasure to present to you this Response to Request for Proposals.
In preparing our response, we considered the scope of services and duties provided in the
Request for Proposals. To begin, these duties are well within the capabilities of this firm and its
members. The firm is qualified and prepared to provide a full range of legal services, including
attending all regular and specially called meetings of the City Council and boards and
commissions, providing legal advice to the City Council, boards and commissions, City Manager
and all department heads; drafting ordinances, resolutions, contracts and all legal documents;
representing the City in all litigation in state and federal courts, trial and appellate level;
monitoring the legal liability claims handled by the City's insurance carrier; prosecution in
municipal court and all legal services as called upon by the City Council and City Manager.
While those duties are generally consistent with what we provide for the majority of our
municipal clients, we recognize and appreciate that no two clients are identical in their needs or
desires for their City Attorney. Consequently we make every effort to customize our services and
mold them to best fit each client's needs. In all cases, it is our philosophy that it is the client who
should dictate what we do for them.
The firm of Boyle & Lowry, L.L.P. was formed by John Boyle and Stan Lowry in
January of 1995 for the continuation of their practice in the field of municipal and local
government law. John Boyle was a name partner in the firm of Hutchison, Boyle, Brooks &
Fisher, Inc., a municipal law and public finance firm, for the prior twenty (20) years and Stan
Lowry was a member of that firm. Each of the firm's attorneys has an in-depth background and
experience in virtually every area of municipal law. The ability to respond promptly and
correctly is an important requirement in fulfilling the position of City Attorney. For all of our
Mr. Bill Lindley
January 13, 2005
Page 2
clients, each attorney becomes familiar with all major items, law suits and questions, thereby
making each of us available and accessible to respond promptly.
We believe it is imperative to keep the client informed at all times and in a position to
make all necessary decisions as a result of being kept up to date on every significant pending
legal matter.
Prompt and accurate response to the City Council, City Manager and all department
heads and others is extremely important and we pride ourselves in being readily available at all
times.
Enclosed herewith under Tab 1 is the Firm Resume for Boyle & Lowry L.L.P., and
enclosed under Tab 2 is the response to RFP, both of which are incorporated herein by reference.
From our perspective we see the size and makeup of our firm as an advantage. It allows
us to focus exclusively on what we do best, practicing municipal law. In addition, our size
makes it possible for our services to be provided on a very personal basis. Based on the Request
for Proposals and our prior knowledge of the City of Colleyville, we believe our firm is well
qualified to serve as City Attorney.
Thank you for your interest in our firm and your consideration of this Proposal.
Sincerely,
BOYLE & LOWRY, L.L.P.
1'\\A In. ~
Matthew C. G. Boyle
H:\MCGB\B&L Fldr\B&L Colleyville cover Itr 1 3 05.doc
BOYLE & LOWRY, L.L.P.
JOHN F. BOYLE, JR,
L. STANTON LoWRY
MATTHEW C. G, BOYLE
DOUGLAS H, CONNER, III
MICHAEL K. KALLAS
DA VID H, BRUNE*
ALAN C. W A YLAND*
*OF COUNSEL
ATTORNEYS AND COUNSELORS
4201 WINGREN, SUITE 108
IRVING, TEXAS 75062-2763
www.boyle-lowry.com
(972) 650-7100
Fax: (972) 650-71 OS
PHILOSOPHY
BOYLE & LOWRY was founded on the philosophy that effective representation
demands specialization. Our attorneys practice exclusively in the areas of municipal and public
law, Our expertise and particular emphasis includes the areas of:
. Annexation
. Economic Development
. Land Use
. Planning and Zoning
. Transportation
. Real Estate Development
. Fair Housing Compliance and Litigation
. Governmental Contracts
. Public Works and Construction
. Eminent Domain, Inverse Condemnation and Regulatory Takings
. Employment and Labor
. Telecommunications, Electric Deregulation, and Public Utility
Regulations - Public Utility Commission
. Water and Drainage - Texas Commission on Environmental Quality
(formerly TNRCC)
. Elections
. Constitutional Torts and Civil Rights
. Public Finance & Municipal Bonds
. Urban Affairs
. Legislative and Administrative Process
. Open Meetings, Public Records and Administrative Procedures
. Utility Districts, Water Districts and Special Districts
. Tort Claims, Wrongful Death and Personal Injury
. Trial and Appellate Litigation in State and Federal Court
Ours is not a "one size fits all" approach to client representation. We recognize that each
issue is unique and of overriding importance to each client. We focus on your individual
needs...we ask questions...we listen to your answers...we help you determine your objective...we
probe the issues...we get the facts and work together effectively and efficiently. By iimiting our
practice to political subdivision municipal and public law, our expertise allows us to provide a
complete, reliable and cost-effective level of professional service, unique in our field.
At BOYLE & LOWRY, we believe in doing what we do best - obtaining results for our
clients. Our attorneys are keenly aware of precedent-setting cases and changing legislation that
continually impact transportation, municipal and public law. With over 150 years of combined
experience in the areas of municipal and public law, we are able to develop innovative, yet
practical solutions that firms with a broader focus may overlook. Our expertise enables us to
more efficiently accomplish the job and achieve the desired results. In short, lower total fees are
incurred, yet total quality is achieved.
We know that client satisfaction depends on more than a single favorable outcome. The
working relationship is also a critical component of long-term confidence and satisfaction. We
want the client to feel comfortable with the work we are doing. We strive to make our legal
representation as predictable as possible. You can expect our bills to be timely and fully
itemized.
Responding to the clients' needs is something we do best. We communicate with our
clients. All phone calls and e-mails are promptly returned. Legal opinions and documents are
timely submitted. We keep you informed. Of equal importance, we are accessible.
At BOYLE & LOWRY, we have one priority: achieving positive results for our clients.
Our success is a direct result of client satisfaction.
WE ARE COMMITTED TO....
. Total Quality
. Expertise
. Cost Effectiveness
. Communication
. Prompt Return of Phone Calls and E- Mails
. Your Needs
HISTORY AND ORGANIZATION
BOYLE & LOWRY was formed in January 1995 for the continued practice of political
subdivision municipal and public law. We have extensive experience in all areas of public law,
including litigation and appellate experience in state and federal court.. The firm is composed of
seven attorneys, John F. Boyle, Jr., L. Stanton Lowry, Matthew C.G. Boyle, Douglas H. Conner
III, Michael K. Kallas Alan C. Wayland, and David H. Brune. Both John Boyle and Stan Lowry
were formerly with the Dallas law firm of Hutchison, Boyle, Brooks, & Fisher, which
specialized in municipal and public law, public finance and the representation of cities and
political subdivisions throughout the State of Texas. John Boyle was a name partner in that firm
for twenty (20) years.
Our attorneys are involved in all aspects of the firm's practice and are recogmzed experts
in the field of municipal and public law. We are frequently requested to serve as panel members
and speakers at advanced research and training seminars and actively participate in professional
associations related to municipal and public law, as well as new and developing areas of
municipal and public law. Our attorneys have recently spoken at seminars sponsored by the
2
State Bar of Texas, Texas Municipal League, Texas City Attorney's Association, Southwestern
Legal Foundation, Southern Methodist University School of Law, Texas Wesleyan University
School of Law, LBJ School of Public Affairs at the University of Texas at Austin, State and
Local Government Law Section of the American Bar Association, University of Texas at
Arlington Construction Research Center, Building Professionals Institute, Federal Bar
Association, International Right-of-Way Association, Lorman Education Services, CLE
International and International Municipal Law Officers Association.
REPRESENT A TIVE CLIENTS
BOYLE & LOWRY represents governmental entities throughout Texas in nearly every
type of legal matter involving municipal and public law. We serve as City Attorney for the
Cities of:
. Argyle
. Bedford
. Corral City
. Fate
. Farmers Branch
. Grapevine
. Hurst
. Keller
. Westlake
All of the Cities, except Corral City and Fate, have budgets in excess of $2,000,000.
and general counsel for the following local governmental entities and agencies:
. Dallas County Utility and Reclamation District (DCURD)
. Valwood Improvement Authority
. North Dallas County Water Supply Corporation
. Upper Trinity Regional Water District
. Frisco Municipal Utility District No. 1
. Wylie Northeast Water Supply Corporation
. Vickery Meadow Improvement District
. City of Irving Building and Standards Commission
. City of Irving Housing and Human Services Department
. Grapevine Housing Authority
. Metropolitan Housing Finance Corporation
. Tri-County Groundwater Conservation District
. Westlake Academy Charter School
. Lake View Management and Development District
DCURD, Valwood and Upper Trinity all have budgets in excess of $3,000,000.
3
In addition, we have served as special counselor litigation counsel for the following local
governmental entities:
. Addison
. Arlington I.S.D.
. Business Development
Corporation of Vernon
. Franklin County
. Glenn Heights
. Grand Prairie
. Green Belt Municipal and
Industrial Water Authority
. Irving I.S.D.
. Kennedale
. Lewisville
. Longview
. Mesquite
. Mesquite I.S.D.
. Mt. Vernon
. Mt. Vernon Economic
Development Corp.
In addition, BOYLE & LOWRY serve as bond and public finance counsel to cities and
special districts, special counsel to cities, special districts and school districts throughout Texas
relative to annexation, eminent domain cases, economic development, tax abatements, tax
increment financing districts, enterprise zones, public finance, land use and zoning, construction
contracts, annexation, labor and employment matters, franchising, litigation, and other municipal
and public law matters.
BOYLE & LOWRY also represents local governmental entities in all types of litigation.
We regularly represent local governmental entities in both state and federal courts and have
successfully represented local governmental entities, their officials and employees, at both the
trial court and appellate court levels, including courts of appeals across the State of Texas, the
Texas Supreme Court and United States Supreme Court.
In the legislative area, members of BOYLE & LOWRY are frequently called upon by
various political subdivisions and State legislative leaders and committees for opinions and
analyses of proposed or pending legislation in the areas of municipal and public law. In this
regard, members of the firm have contributed to the passage, and in some instances the defeat, of
significant legislation affecting local governments in Texas.
INDIVIDUAL ATTORNEY BIOGRAPHIES
John F. Bovle. Jr.
John was born in Chicago, lllinois, March 29, 1935. He attended Texas Christian
University where he received his Bachelor of Science in 1958. He attended the University of
Texas School of Law and received his LL.B. in 1961. He is a member of the State Bar of Texas,
College of the State Bar of Texas, American Bar Association, Dallas Bar Association, Irving Bar
Association, International Municipal Law Officers Association, Tarrant County Bar Association
and Texas City Attorney's Association, and is admitted to practice before the United States
District Court for the Northern District of Texas, the Fifth Circuit Court of Appeals, and the
United States Supreme Court.
4
John was an Assistant District Attorney for Dallas County in 1961 and an Assistant City
Attorney with the City of Dallas from 1962-1964. He was City Attorney of Irving from 1966-
1970, and was a Member of the Texas House of Representatives from Dallas County from 1970-
1972. Prior to forming BOYLE & LOWRY, L.L.P., John was a founding partner in 1975 of
Hutchison, Boyle, Brooks, and Fisher which specialized in all aspects of municipal law and
public finance.
John has extensive experience in land use, planning and zoning, public works,
transportation and governmental contracts, real estate development, tax abatement, economic
development, including tax increment financing and public improvement districts, and has
served as general counsel and bond counsel for all of the firm's current clients and other cities
and special districts throughout the State of Texas. John is currently the City Attorney of
Farmers Branch, Grapevine, and Hurst.
L. Stanton Lowry
Stan was born in Mount Vernon, Texas, May 11, 1965. He received his B.A. in 1987
from Southern Methodist University. He received his J.D. from St. Mary's University School of
Law in 1990. He is a member of the State Bar of Texas, College of the State Bar of Texas, State
Bar of Texas section of Public and Government Lawyers, American Bar Association, American
Bar Association section of State and Local Government Lawyers, Dallas Bar Association, Dallas
Association of Young Lawyers, Irving Bar Association, Tarrant County Bar Association and
Texas City Attorney's Association. He is admitted to practice before the United States Supreme
Court, Fifth Circuit Court of Appeals and the United States District Courts for the Northern
District of Texas.
Stan was a Briefing Attorney for the Honorable Ronald B. King, United States
Bankruptcy Judge for the Western District of Texas from 1990-1991. He was an Assistant City
Attorney with the City of Dallas from 1991-1993 where he concentrated his practice in the
litigation of land use, zoning, eminent domain and other municipal law matters. Stan is a
frequent speaker and author on all aspects of municipal and public law and has recently spoken
at seminars sponsored by the State Bar of Texas, Texas Municipal League, Southwestern Legal
Foundation, The Institute for Local Government Studies of The Center for American and
International Law, CLE International, Southern Methodist University School of Law, Texas
Wesleyan University School of Law, LBJ School of Public Affairs at the University of Texas at
Austin, University of Texas at Arlington Construction Research Center, Building Professionals
Institute, State and Local Government Section of the Federal Bar Association, Lorman Education
Services, and the International Right of Way Association. Stan also conducts training sessions
and seminars to city councils, boards and commissions and City staffs on the legal issues
involving local government. In addition, Stan served on the City of Coppell Planning and
Zoning Commission from 1994-1999 (Chairman 1997-1999).
Prior to forming BOYLE & LOWRY, Stan was a member of the Dallas law firm of
Hutchison Boyle Brooks & Fisher. Stan is currently the City Attorney of Bedford, Keller,
Westlake, Fate, and the School Attorney for the Westlake Academy Charter School.
5
Matthew C. G. Bovle
Matthew was born in Dallas, Texas, July 26, 1971. Matthew attended the University of
Dallas on a four-year academic scholarship and received his B.A. in Economics in 1992. He
received his M.B.A. in Industrial Management in 1995 from the University of Dallas. He
recei ved his J.D. from the University of Texas in 1997. Matthew served as the Articles Editor of
the University of Texas School of Law Review of Litigation. He is a member of the State Bar of
Texas, Texas City Attorney's Association, Dallas Bar Association, Irving Bar Association,
Tarrant County Bar Association, and Dallas Association of Young Lawyers.
Matthew is a frequent speaker and author on all aspects of municipal and public law and
spoke at the 1999 and 2003 Texas City Attorney's Association Annual Meetings, the Public
Contract Code and Competitive Bidding in Texas seminar 2001, Basics of Land Use and Zoning
Regulations in Texas seminar in Dallas, and the Legal Issues in Code Enforcement and Building
Inspection seminar in 2002. Matthew also regularly conducts training sessions and seminars to
city councils, boards and commissions and City staffs on the legal issues involving local
government. Matthew has extensive experience in advising governmental entities on all issues,
specifically including personnel, construction law, land use, cable television franchises, zoning,
open meetings, and public records. Matthew is also the President of the National Alumni Board
for the University of Dallas, and previously served as President of Irving Cares, Inc.
Matthew currently serves as the City Attorney for the City of Argyle and the Town of
Corral City, and as special counsel to the City of Irving's Housing and Human Services
Department and the City of Irving's Building and Standards Commission.
DOUldas H. Conner. III.
Doug was born in Dallas, Texas, April 3, 1941. He received his B.A. in 1964 from
Trinity University, San Antonio, Texas. After his honorable discharge as a 1st Lt. From the
United States Air Defense, Center, Ft. Bliss, Texas, Doug commenced his legal training at
Southern Methodist University where he received his J.D. in December, 1969. Doug is a Board
Certified Personal Injury Trial Specialist from 1980-present. He is a member of the State Bar of
Texas, Irving Bar Association, Tarrant County Bar Association, Dallas Bar Association, and past
director of the Dallas Trial Lawyer Association.
Doug served as an Assistant City Attorney for the City of Dallas from 1970 to 1987. He
began his training as an attorney as a prosecutor in (then) corporation court. Only four years out
of law school, he was chosen as Counsel for the City of Dallas to orally argue before the United
States Supreme Court a constitutional challenge to the City of Dallas' loitering ordinance. Doug
thereafter served several years as head of the Dallas City Attorney's Civil Trial Law Section
where he maintained a heavy trial docket and administered and coordinated work of the other
members of the City's civil litigation trial staff. Doug was lead trial counsel in major personal
injury and death cases involving the Dallas Transit System, Surtran, Dallas Area Transit System,
and the Dallas Police Department.
6
_, In 1987, Doug began a career in private practice. Recognized as an expert on eminent
domain, the State Bar Association and Southwestern Legal Foundation have asked him on
several occasions to provide seminars involving the representation of property owners, as well as
governmental entities in eminent domain proceedings. Doug has numerous published opinions
involving not only eminent domain, but also involving personal injury, wrongful death, illegal
arrests and pursuits by law enforcement personnel, inappropriate v. legitimate exercise of police
powers in enforcement of ordinances and other municipal and public law matters. He is admitted
to practice before the United States District Courts for the Northern District of Texas, Fifth
Circuit Court of Appeals and the United States Supreme Court.
Michael K. Kallas
Michael Kallas was born on June 1, 1971, and raised in Lubbock, Texas. He attended
Texas Tech University and received his B.A. in Philosophy in May 1994. He received his J.D.
from St. Mary's University School of Law in San Antonio, Texas. While attending law school,
Michael was a member of Phi Delta Phi Academic Honor Society, on the Dean's List, and a
semifinalist in the St. Mary's Negotiations Competition. Michael is a member of the State Bar of
Texas and is admitted to practice in the United States District Courts of the Northern District of
Texas.
Michael was a Briefing Attorney for Hon. Judge J.Q. Warnick, United States Magistrate
Judge, in the Lubbock Division of the Northern District of Texas in 1998 and continued until
September 1999 as Briefing Attorney for the Hon. Nancy M. Koenig, United States Magistrate
Judge. Michael was recognized by the Northern District of Texas for his distinguished service as
a Briefing Attorney to the Magistrate Judge Warnick and Koenig. Michael worked for the City
Attorney's Office for the City of Dallas from 1999 until 2003. He worked primarily as a Senior
Prosecutor in the Prosecution Division of the City Attorney's Office enforcing municipal
ordinances and state law through criminal and civil proceedings in the District, County, and
Municipal Courts. Michael worked for the City of Dallas in the areas of zoning and land use,
nuisance abatement, health and safety law, traffic and criminal law, and civil rights litigation.
Michael was twice selected as a teacher at the Code Enforcement Academy for the City of
Dallas. In 2001, Michael was selected as the Special Ordinance Court prosecutor concentrating
on multiple and repeat violators of the city's zoning and land use ordinances. In 2002-03,
Michael was instrumental in successfully implementing civil lawsuits in municipal court to abate
nuisances and enforce land use, health and safety, and zoning laws. Michael also worked in the
General Litigation section concentrating on civil rights litigation. Michael joined Boyle &
Lowry, L.L.P., in October 2003. Michael is the municipal prosecutor and advisor to the Farmers
Branch and Grapevine Municipal Courts. Michael also works in the area of zoning and land use,
nuisance abatement, eminent domain, and municipal law .
David H. Brune
David was born in Long Beach, California, April 23, 1930. He attended the University of
Texas at Austin where he received his B.A. in 1953. He attended the University of Texas School
of Law and received his J.D. in 1958. He is a member of the State Bar of Texas and is admitted
to practice before the United States District Court for the Western District of Texas, the U.S.
7
Court of Military Appeals, and the United States Supreme Court.
David was in private law practice in San Antonio, Texas, from 1958 to 1962, during
which time he was a partner in the law firm of Sawtelle, Hardy, Davis & Goode. From 1960 to
1966, David served as General Counsel of the San Antonio River Authority (SARA) and drafted
the 1961 Act that reorganized SARA. David served as Manager of SARA (1966-1968) and as
General Manager of the Trinity River Authority of Texas (1968-1979). From 1979 to January
2001, David was associated with the Las Colinas development in Irving, Texas, in various
private and public capacities. David was Senior Executive Vice President, Chief Administrative
Officer, and a Director of Southland Financial Company (1979-1989), a publicly-held company
that owned Las Colinas Corporation (of which he was Vice Chairman, Chief Development
Officer, and General Counsel) and Southland Life Insurance Company (of which he was a
Director). From 1989 to January 2001, David continued to manage the development aspects of
Las Colin as and to serve as Corporate Counsel to the management successors of Las Colinas
Corporation. From 1981 to 1999, David served as President and CEO of Dallas County Utility
and Reclamation District, a conservation and reclamation district associated with Las Colinas.
David represented the Irving City Council on the Board of the Upper Trinity Regional Water
District (1996-2000).
David has extensive experience in water legislation, land development and uses, planning
and zoning, real estate transactions, public finance, environmental matters, the governance and
management of water districts, and a wide range of economic development programs.
David served in the U.S. Naval Reserve (1953-1983), was promoted to the rank of
Captain (0-6) in 1975, and served as Inspector General, Naval Reserve Readiness Command,
Region Eleven (1975-1980), for which service he was awarded the Navy Commendation Medal.
Alan Co Wavland
Alan received his B.A. in Government from the University of Texas at Austin in 1984.
While at the University of Texas at Austin, he was on the Dean's List in 1982 and a member of
the University of Texas Marching Band. He received his J.D. from St. Mary's University School
of Law in 1988. While at St. Mary's University School of Law, Alan was a member of the St.
Mary's Law Journal and was the research and writing teaching assistant to Professor Gerry W.
Beyer. He is a member of the State Bar of Texas, Texas City Attorney's Association, College of
the State Bar of Texas, American Bar Association, and the Tarrant County Bar Association, and
is admitted to practice before the United States District Court for the Northern District of Texas
and the United States District Court for the Eastern District of Texas.
Alan served as an Assistant City Attorney for the City of Garland from 1991 through
1994, where he was principally involved in litigation and appeals involving civil rights cases,
eminent domain proceedings, tort claims defense, police and fire department litigation, labor
employment matters, land use and zoning, as well as municipal court prosecution. Alan has
served as the principal municipal court prosecutor for the firm's clients since 1995. He is
currently the municipal court prosecutor for the Cities of Argyle, Bedford, Hurst, Keller, and
Westlake.
8
Support Staff and Facilities
BOYLE & LOWRY is conveniently located in the Las Colinas area of Irving, Texas.
The firm is staffed with three (3) certified paralegals and additional support personnel. BOYLE
& LOWRY is dedicated to providing expert legal services in the areas of municipal and public
law throughout the State of Texas. In addition, the firm possesses an extensive law library
coupled with advanced on-line, computer assisted legal research and informational services.
Contact Us
To learn more about the firm or reach any member of BOYLE & LOWRY, visit our
website at www.boyle-lowry.com. or call:
972-650-7100
or e-mail us as follows:
. John F. Boyle, Jr. jfboyle@boyle-Iowry.com
. L. Stanton Lowry lslowry@boyle-Iowry.com
. Matthew C. G. Boyle mcgboyle@boyle-Iowry.com
. Douglas H. Conner, III dhconner@boyle-Iowry.com
. Michael K. Kallas mkallas@boyle-Iowry.com
. David H. Brune dhbrune@boyle-Iowry.com
. Alan C. Wayland aw ayl and @boyle-Iowry.com
H:\Boyle-Lowry\Boyle & Lowry\b&l-administration\b&1 resumes\bl firm resume 1 1005,doc
9
1) Statement of Qualifications
The Firm's qualifications are detailed in the attached Firm Resume.
2) Firm Resources
The Firm has been in its current location since 1996. Its only prior address was
1700 W. Pioneer Drive, Irving, Texas. The Firm maintains a comprehensive law
library, which includes both hard copy and electronic resources. The combined
holdings of our library give the Firm's attorneys access to all necessary statutes,
case-law, regulations, and administrative materials to research any issue.
Additionally, the Firm maintains computer form files composed of all previously
drafted ordinances, opinions, and agreements in order to increase our efficiency
when we are asked to address an issue which has previously been completed by
the Firm. Such resources are redundantly backed up to provide protection under
any circumstance.
Each attorney in the Firm, along with all support staff, have e-mail which can be
accessed remotely. Additionally, all attorneys have mobile phones, and all clients
are provided access to the attorneys' mobile and home numbers to ensure access
at all times.
The Firm makes continued and ongoing investment into its technology resources
to improve efficiency.
3) Municipal Litigation Experience
The Firm's attorneys have experience in all levels and types oflitigation, at both
the trial and appellate levels. The Firm's litigation experience includes the
following types of issues: annexation, elections, fair housing, land-use, personnel,
tort claims, zoning, zoning boards of adjustment.
The Texas Municipal League Risk Pool maintains a policy which prohibits a firm
which serves as City Attorney from representing that municipality in defense of a
TML policy. Based on that restriction, we have determined that it is not in the
best interests of the Firm or our clients to seek approval for litigation on behalf of
the Risk Pool. However, we believe it is important for our office as City Attorney
to coordinate with and monitor the activities of insurance counsel. Claims and
litigation covered by an insurance policy affect a municipality's loss experience,
and correspondingly impact policies, practice and procedure. Therefore, one of
our roles is to ensure that the City's best interests are being addressed by
insurance counsel.
BOYLE & LOWRY, L.L.P.-
Page 1
4) Service Philosophy
Our Firm believes that the attorney-client relationship is one of a personal nature.
Weare committed to providing accurate, prompt, and efficient legal
representation to each of our clients. That goal can best be achieved through close
coordination and collaboration with our clients. While we provide a consistent
level and range of services to each of our clients, it is important to note that we
treat each client individually. That individualized level of service can only be
maintained with a uniformly committed group of attorneys who are dedicated to
putting the clients' needs first. We are aware of our peer firms who engage in the
same practice as the Firm. While some of those firms are highly qualified, we
believe we provide a unique and superior approach to the practice of municipal
law.
As noted above, our top three priorities in the practice of law are the provision of
accurate, prompt, and efficient legal services. The value of our advice is wholly
contingent upon its correctness. Above all else, the City Attorney must provide
the answer which is legally above reproach. To that end, the Firm is staffed with
attorneys who have made the practice of municipal law the focus of their careers.
That focus, combined with the corresponding experience of our attorneys ensures
that our clients can depend on the Firm for counsel and guidance well founded in
the law.
Second in importance to providing accurate legal advice to our clients is the
ability to do so as expeditiously as possible. In order to facilitate that speed, we
have a commitment to make our attorneys as available as is reasonably possibly.
The sooner the client can reach us, the quicker we will be able to respond to their
needs. Calls, emails, correspondence, and emails are always promptly received
and addressed. Such access is facilitated by a professional support staff which
appreciates the need for prompt response to client needs. While not usually
necessary, our attorneys can be accessed by clients at any time after hours. Once
contacted, the Firm's resources allow for timely research and the delivery of
documents in a timely manner. As a general rule, the Firm is absolutely
committed to meeting any deadline set forth by a client
The final key to the Firm's commitment to service is a dedication to providing
our services in the most efficient manner possible. In this context, efficiency has a
comprehensive meaning, which includes the proper utilization of resources, both
of the client and the Firm. Our client's time and resources are valuable and should
be treated as such. Similarly, the services we provide are precious and should be
utilized efficiently. We believe that our breadth and depth of experience allows us
to tackle a myriad of issues in a manner which is minimally impactful to the
client, and in a manner which utilizes only the minimum Firm time necessary to
complete the task. That efficiency allows the client to continue its normal
BOYLE & LOWRY, L.L.P.-
Page 2
operations while resulting in a lower overall cost for City Attorney services. For
those areas where we can rely on direct past experience, we can and do pass along
such experience to the client in a cost-savings manner. More often than not, every
day municipal needs can be promptly met utilizing available in-house resources.
When a new or novel issue arises, our attorneys are experienced in working to
fInd the right answer as quickly and efficiently as possible.
5) Method of Service
Briefly describe the method of how the law firm will provide legal services to the
City. In addition, discuss what is the law fIrm's approach with regard to clerical
support, preparation of legal documents, how often the lead attorney would be
available to the City Council, City Manager and staff? Also review how does the
attorney or law firm see its role in serving in the City?
As addressed above, and in the Firm Resume, we see the role of City Attorney as
providing a comprehensive range of legal services on all levels necessary to serve
the needs of our municipal and public law clients. Across our broad range of
clients, the provision of services varies. While there are many different forums by
which to communicate with a client, we believe that first and foremost the most
effective and efficient means of doing so is through face to face communication.
Our office is conveniently located with direct highway access, and our attorneys
can be most places in the metroplex in short order. Additionally, it is a regular
part of our role with several clients to maintain "office hours" at City Hall, where
staff and management can access the City Attorney directly. When seeing a client
in person is not possible, the attorneys are available by phone, email, and fax.
The Firm is blessed to have at the ready a well experienced and dedicated support
staff to assist the attorneys. The preparation of documents in a timely and
accurate manner is a joint effort of the support staff and the attorneys. Whenever
possible, tasks are addressed by the least costly available resource. The Firm does
not assess overhead charges to our clients for matters such as secretarial services.
The City's primary attorneys will, as a general rule, be made available on an as
needed basis to the City Council, City Manager, and staff. Upon request, in-house
office hours can be provided on a regular basis. Additionally, whenever the
primary attorney is not available, the Firm is committed to providing an
alternative attorney within the Firm who can step to fIll that role with little to no
impact on the client. Our Firm is right-sized so that each of the attorneys is able
to maintain familiarity with the proceedings of our clients so that in the event a
primary attorney is not available, a backup attorney will be able to fill that role
seamlessly.
BOYLE & LOWRY, L.L.P.-
Page 3
6) Assigned Personnel
Based on the meeting schedules for the City Council and the Planning and Zoning
Commission, the primary attorneys for the City of Colleyville will be Matthew
Boyle and Michael Kallas. Matthew will primarily be responsible for City
Council meetings while Michael will attend Planning and Zoning meetings.
As addressed in the Firm Resume, Matthew Boyle has practiced exclusively with
the Firm since 1997, dedicated solely to the practice of municipal and public law.
During his tenure with the Firm, Matthew has gained a broad range of experience
by dealing with each and every one of the Firm's clients. From attending City
Council, Planning and Zoning, and board and commission meetings, to working
with city staffs on a wide variety of issues, Matthew has gained a wealth of
knowledge in our field of practice. Such experience has been comprehensive in
nature. Matthew has regularly provided to training and lectures to municipal
clients on issues such as personnel (interviewinglhiring/firing/evaluating
employees, sexual harassment, Federal civil rights, FLSA, FMLA, and the ADA),
land use (planning and zoning, zoning boards of adjustment, conflicts of interest,
code enforcement), and open government (Public Information Act and Open
Meetings Act).
As with Matthew, Michael Kallas' career has been focused solely on municipal
and public law since it began in 1998. In addition to attending Planning and
Zoning meetings, Michael would also serve as the prosecutor for Municipal
Court. Michael's direct work experience includes a tenure at the City of Dallas
City Attorney's office where Michael assisted in the creation of a Special
Ordinance division to focus on code enforcement issues. Such issues necessarily
included land use and zoning matters. Since joining the Firm, Michael has
assisted in the representation of Planning and Zoning Commissions and City
Councils, through attending meetings and providing counsel to such bodies.
7) Municipal Client List and References
List of current municipal clients for which the individual attorney or law firm
serves as City Attorney and provides general services including the name,
position and phone number for client reference.
BOYLE & LOWRY serves as City Attorney for the Cities of:
Years of Service
.
Argyle
Tobin Maples, City Administrator
(940) 464-0500
2 years
.
Bedford
Charles Barnett, City Manager
(817) 952-2106
9 years
BOYLE & LOWRY, L.L.P.-
Page 4
. Grapevine
Roger Nelson, City Manager (817) 410-3105 32 years
. Farmers Branch
Linda Groomer, City Manager (972) 919-2515 30 years
. Keller
Lyle Dresher, City Manager (817) 743-4001 9 years
. Hurst
Allan Weegar, City Manager (817) 788-7026 8 years
. Fate
Gerry Boren, City Manager (972) 771-4601 26 years
. Westlake
Trent Petty, Town Manager (817) 430-0941 5 years
and General Counsel for the following special districts:
. Grapevine Housing Authority
Debra Wells, Executive Director (817) 488-8132 6 years
. Dallas County Utility and
Reclamation District (DCURD)
Jacky Knox, General Manager (972) 556-0625 29 years
. Valwood Improvement Authority
Pat Canute son, General Manager (972) 484-9863 15 years
. Upper Trinity Regional Water District
Tom Taylor, Executive Director (972) 219-1228 5 years
In addition to the above, this firm serves as Counsel for the City of Irving, as follows:
.
Building and Standards Commission
Gregg Mays, Building Inspections
Manager (972) 721-4899
5 years
.
City of Irving Housing and Human
Services Department
Vivian Ballou, Executive Director (972) 721-2426
5 years
We would also encourage you to contact the elected officials for any of
our clients for reference purposes.
BOYLE & LOWRY, L.L.P.-
Page 5
8) Transition Coordination
Describe the approach and suggestions for the transition from the current City
Attorney to a new law firm.
Over the years, the Firm has been asked to step and assume the role of City
Attorney for a new client a number of times. During such a transition period, our
number one focus is to ensure continuity in function. That can be achieved
through a close coordination with City staff to ascertain open and pending
projects so that they may be given the appropriate level of attention. As part of
that process, we will ask to be introduced to all key contact persons in order to
familiarize ourselves with one another. We would suggest that City staff prepare
a list of such open items in a prioritized manner to facilitate the transition. Our
past transition experiences have been smooth and effective due to the fact that we
are prepared and committed to keeping client projects on track and progressing.
We see the continuity of service as a bare minimum goal, as we ultimately seek to
enhance the level of services to a new client, and to provide such an enhancement
promptly.
9) Fee Structure
Describe the fee structure, including any monthly retainer, hourly rates and
reimbursable expenses proposed by the law firm. The hourly rate shall note the
incremental minutes of the hourly billing rate. The proposed compensation
package shall be inclusive of all service costs. The fee structure should be
presented on, at least as one option an hourly basis billable with a monthly
retainer for attendance at the two regular monthly City Council meetings. The
City will select the finalist by considering the proposed compensation as a "best
and final offer," although the City reserves the right to negotiate terms as needed
to improve elements of the proposal to best meet the needs of the City, including
costs.
The Firm's fee structure is hourly, based on quarter hour billing increments. We
provide a uniform billing structure for municipal clients, which is consistent for
all attorneys in the Firm. The Firm's municipal billing rates are as follows:
. For all non-litigation matters, including attendance at meetings of
City staff, City Council meetings, and Board and Commission
meetings - $150.00 per hour.
. For all litigation and contested items - $175.00 per hour.
. For Municipal Court prosecution - $140.00 per hour.
. For certified paralegals- $75.00 per hour.
BOYLE & LOWRY, L.L.P.-
Page 6
The Firm's past experience with retainer based billing methods has shown that
such systems are generally not in the best interests of our clients.
10) Conflict of Interest Statement
The Firm agrees that if selected to represent the City of Colleyville, it will not
undertake future representation of any person or entity in a manner adverse to the
City's legal interests during the term of the engagement and for a period of two
(2) years after termination of the contract. The Firm's clients include the cities of
Bedford, Grapevine, Hurst, Keller, and Westlake, all of which are located in
Tarrant County.
The Firm does not represent any real estate development interest or company
either currently or anticipating conducting business with the City. Additionally,
the Firm exercises a philosophical prerogative to avoid the representation of any
private entity or interest in a contested matter against a municipal or
governmental entity. We firmly believe that it is important to the integrity of our
clients' relationships with their peers and neighbors that except where necessary
to protect a client's interests, the Firm avoid asserting itself in an adversarial
situation involving another governmental entity.
H:\MCGB\B&L F1dr\b&1 colleyville-questions #3-1 1 ,doc
BOYLE & LOWRY, L.L.P.-
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r-
Brown & Hofmeister, L.L.P.
Attorneys & Counselors
PROPOSAL FOR LEGAL SERVICES
FOR THE CITY OF COLLEYVILLE
r-
-
Brown & Hofmeister, L.L.P.
Attorneys and Counselors
740 East Campbell Road, Suite 800
Richardson, Texas 75081
(214) 747-6100
www.bhlaw.net
BROWN & HOFMEISTER, L.L.P.
740 East Campbell Road
Suite 800
Richardson, Texas 75081
_ROBERTF. BROWN
(214) 747-6130
rbrown@bhlaw.net
Telephone: (214) 747-6100
Telecopier: (214) 747- 6111
www.bhlaw.net
January 12,2005
Honorable Mayor and City Council
By and Through City Secretary Cynthia Singleton
City of Colleyville
100 Main Street
Colleyville, TX 76034
Re: Proposal for Legal Services
Dear Mayor Hocutt, Members of the City Council and City Manager Lindley:
-
In response to the City of Colleyville's Request for Proposals for Legal Services, dated
December 17, 2004, we are pleased to submit this proposal to be your city attorney. As
requested, we have enclosed 15 copies of our proposal for your convenience. Should you
determine that you may need additional copies, please do not hesitate to contact us and we will
be glad to provide you with additional copies. We look forward to an opportunity to meet with
you to discuss how our firm can become a valuable asset to you and the City of Colleyville.
Sincerely,
~~
Robert F. Brown
RFB/rfb
Enclosures
.-
1) Statement of Qualifications
The proposal should in narrative form provide a brief overview and history of the law
firm, the firm organization, the number of years of continuous operation under the
/"'"" current law firm name, the name(s) of the law firm for the previous ten (10) years if
different than the current law firm name; the number of years of municipal experience,
number of attorneys (partners and associates), and the number of support personnel.
Brown & Hofmeister, L.L.P., is a law firm with extensive experience providing legal
services to municipalities and other public entities. The firm's team of experienced
attorneys provides public entities a clear advantage by offering high quality,
comprehensive legal services in a cost efficient manner. More than 40 public entities in
the North Texas area trust Brown & Hofmeister for their day-to-day legal matters and in
circumstances that require specific legal expertise. Few, if any, firms in the North Texas
area can match the level of local government representation experience that the
attorneys of Brown & Hofmeister enjoy.
The partners at Brown & Hofmeister all have extensive, long-term experience working
with city governments in North Texas. Brown & Hofmeister was formed in 2001 to focus
,.- on providing a full range of legal services to local governments.
The firm presently has six partners and four associates, with approximately 180 years of
combined legal experience. Partners at the firm have an average of over 22 years of
legal experience, while associates average over 10 years of experience. Eight highly
experienced staff members provide excellent support for the attorneys and the firm's
clients.
Brown & Hofmeister serves numerous municipal clients on a wide range of issues,
including civil rights, land use and eminent domain, redistricting, employment law,
economic development, roadway and utility assessments, open meetings and public
information requests, elections, ethics, financial matters, police and fire, and municipal
court prosecution. Our attorneys advise city and county governments, school districts,
economic development corporations, and special districts. We also represent local
governments in both trials and appeals at all levels of state and federal courts. The
depth of our local government focus sets us apart from other law firms.
.--.
-
In addition to serving as legal counsel for local governments, the attorneys at Brown &
Hofmeister take a leading role in training and educating government officials and
employees, as well as other attorneys, on legal issues facing local governments. Our
attorneys regularly conduct training sessions, through the North Central Texas Council
of Governments, on planning and zoning, human resources, and annexation. The firm
sponsors seminars for government officials on topics such as land use and economic
development. Brown & Hofmeister attorneys are also frequently asked to give
presentations at seminars sponsored by groups such as the Texas City Attorneys
Association and have published numerous papers and articles on topics affecting local
governments.
,--
,-
2) Firm Resources
The proposal should in brief narrative form describe the physical resources of the law
firm and list the physical address of the law firm for the previous ten (10) years.
~
Brown & Hofmeister provides legal services at client sites in many communities around
North Texas. Our primary office, at 740 East Campbell Road, Suite 800, Richardson,
Texas 75081, is in the heart of the Telecom Corridor in Richardson and has been our
home since May 2004. Before moving to Richardson, the firm was located in downtown
Dallas, at 1717 Main Street, Suite 4300, Dallas, Texas 75201. Our current location was
selected for its convenient access to major transportation corridors and was designed
for maximum efficiency to support our mobile workforce and busy client base. The
office is professional and practical, with three conference rooms available for client use,
a full research library, and an in-house high-volume copy and postal center. As a full-
service municipal law firm, we can manage any level of legal assignments from our own
facilities. Moving out of the Dallas central business district has allowed us to reduce our
overhead costs, thereby maintaining our ability to provide the highest quality legal
services for our clients in the most cost-efficient manner.
~
Brown & Hofmeister recognizes that our attorneys need the most modern and effective
tools to do their jobs at the high level of service that we require for our clients. Because
our attorneys are frequently onsite with our clients, we rely on a variety of high-tech
resources to provide superior services to them. Client communication and secure
access to information at the home office are of paramount importance to us. We take
pride in our ability to timely respond to our clients no matter their geography and use
technology resources to maintain constant communication. Attorneys at the firm are
constantly connected to the office and each other via PDA, cellular phone, and secure
remote access to our computer network. Every attorney, when not in the office, has
round-the-clock access to the firm's network and email through PDAs and virtual
connections from remote computers. Our computer network is monitored 24 hours a
day to ensure uninterrupted service. Brown & Hofmeister is truly in the forefront of
technology with modern hardware solutions and state-of-the-art software applications.
~
3) Municipal Litigation Experience
Briefly describe the law firm's litigation experience and whether the individual attorney
or law firm is an approved defense counsel for the Texas Municipal League Risk Pool.
.~
The attorneys of Brown & Hofmeister believe that litigation can often be avoided with
the proper legal guidance. We understand that setting up procedures and policies to
help avoid litigation is not optional, and we realize the adverse impact that unexpected
litigation can cause on city plans and budgets. To that end, our litigators are also
accomplished city attorneys. When litigation is necessary, however, we provide the
same expertise and top-quality representation in the courtroom as we do in the City
Council chambers. Our litigation team will assist the City in a thorough assessment and
execute a strategy to provide the highest level of representation while adhering to strict
budgetary guidelines.
Our Iitigators represent clients in both trial and appeals at the local, state, and federal
levels and boast significant court victories on behalf of public clients. The firm has
experience litigating a full range of municipal issues, including land use and eminent
r- domain, construction defects, special districts, civil rights and constitutional law, and
employment law. The attorneys at Brown & Hofmeister are well-prepared to manage
complicated litigation matters in a professional and cost-efficient manner, and with our
extensive experience, we provide our clients with the best possible representation.
Several attorneys in the firm are approved defense counsel for the Texas Municipal
League Risk Pool.
r-
4) Service Philosophy
Briefly describe the service philosophy of the law firm and what if anything distinguishes
the law firm from other attorneys or law firms.
r--
Brown & Hofmeister offers unparalleled client service. Three reasons for that -- our
attorneys, our practice, and our promise to our clients.
Our attorneys have vast experience in all areas of municipal law. Brown & Hofmeister
has a reputation in the legal community for our rigorous review and hiring process. We
hire only those few professionals who meet our extremely high standards. Proficiency in
municipal law and a commitment to serving the public sector are mandatory
requirements at our firm and this dedication is evident to every client we serve.
,r-
Our practice is built on a foundation of municipal law. In order to preserve that
foundation, we do not represent private parties in judicial or administrative proceedings
involving public entities. We are uniquely and specifically qualified to manage the daily
tasks and "hot topics" that impact cities in Texas. Our experience is substantial and our
clients obtain a sustainable, competitive advantage by establishing a personal
relationship with our firm. Few, if any, firms in Texas have the wealth of municipal
knowledge that exists at Brown & Hofmeister.
We believe that access to this knowledge is the real test of value. Brown & Hofmeister
fosters a culture of accessibility. We promise to be accountable and accessible to your
needs. We recognize that the actions of your City Attorney can impact your community
not just today, but for many years to come. We share your goal of building and
sustaining a successful, dynamic community. Our promise to you is to provide the best
possible legal advice and representation, tailored to your needs, in the most expeditious
and cost-efficient manner.
~-
5) Method of Service
Briefly describe the method of how the law firm will provide legal services to the City. In
r addition, discuss what is the law firm's approach with regard to clerical support,
preparation of legal documents, how often the lead attorney would be available to the
City Council, City Manager and staff? Also review how does the attorney or law firm
see its role in serving in the City?
At Brown & Hofmeister, we understand the needs of municipalities. We understand that
the role of city attorney requires a significant commitment. It is a responsibility that we
do not take lightly. Our attorneys are available to meet any level of service that our
clients require by utilizing the appropriate level of attorneys and staff. We can provide
services remotely from our office or onsite at your office. Our attorneys have
experience with the numerous issues facing municipalities and understand that they
must be accessible to the client at all times.
..-.'
At Brown & Hofmeister we treat each client as a firm-wide client. All attorneys and
support staff are accessible around the clock to serve the needs of the client. We
make a special effort to assign the right personnel to each matter, with awareness of the
skills required and any constraints that may be present. The practice of local
government law includes numerous substantive areas, and we are able to assist
municipalities in every facet of municipal operation. We will provide you with complete
contact information for all our attorneys. The lead attorney will be available to support
the City Council, City Manager and City staff at times designated by, and at the
convenience of, the City.
We anticipate serving all conceivable needs the City may have. Here is a sample of the
services the firm's attorneys provide to other communities as city attorney:
. provide assistance directly to the Mayor and City Council members on the
legal constraints and requirements affecting their decision-making for the
City;
. assist the City staff in implementing the City Council's directives in
compliance with applicable state and federal laws;
-
I
.
attend meetings of City Council and other board meetings as requested;
. prepare and review ordinances and resolutions;
. review and assist in drafting agendas for compliance with the Open
Meetings Act;
--
. assist in compliance with the Public Information Act and records retention
schedules;
. prepare and review contracts;
. provide training in and legal advice regarding discrimination and sexual
harassment prevention, wage and overtime issues, FMLA and ADA
compliance, and supervisory responsibilities;
. assist City staff in review of administrative policies, such as personnel
rules and procurement policies, for compliance with the law and the best
municipal practice;
. train boards, commissions, and City Council members regarding the legal
duties and responsibilities in carrying out the specific functions of their
particular offices;
. provide legal advice regarding ethics;
. provide direction and legal advice on economic development issues;
---
. provide legal advice regarding and assist with general and special
elections;
. serve as legal advisor for police and fire departments;
. provide legal advice regarding financial and related matters;
. represent the City and its officials in judicial, administrative, and
condemnation proceedings;
. prosecute cases in Municipal Court; and
. respond to all requests from the Mayor, City Council members, and City
staff in a timely and accurate manner, including requests for formal legal
opinions.
-
,
On request by the City, Brown & Hofmeister will provide onsite training to elected
officials or staff with respect to any legal issue(s) affecting the City. We anticipate a full
review upon engagement to ensure that we are aware of the entire scope of services
desired by the City. We are confident that we can meet and surpass any level of
service that is desired.
/""""-
6) Assigned Personnel
Provide the name and municipal experience of each attorney who will be providing legal
services (including municipal court prosecution services) to the City, and area(s) of
responsibility.
Robert Brown, a founding partner of Brown & Hofmeister with more than 18 years
experience handling legal issues for municipal clients, will serve as City Attorney and be
primarily responsible for providing legal services to the City. He has significant
experience as a city attorney and is nationally renowned for his litigation victories in land
use law.
Alan Lathrom will serve as a supporting attorney and designated backup in the unlikely
event that Mr. Brown is unavailable. Mr. Lathrom is a senior associate at the firm. He
has fifteen years of litigation and municipal law experience. With significant experience
in land use and planning issues, Mr. Lathrom will be the attorney designated to attend
Planning and Zoning and Zoning Board of Adjustment meetings.
,--..
Meredith Ladd and Tatia Randolph are associates at the firm and will provide
prosecution services for Municipal Court. Both are experienced municipal prosecutors.
Ms. Ladd will be designated as the lead prosecutor for the City.
Other attorneys at the firm will provide advice and representation on matters that fall
within a particular attorney's experience. For example, Jeff Moore, because of his
experience as Chief of the Municipal Affairs Section of the Attorney General's Office
and lead trainer on 4AJ4B issues, may become involved in the City's economic
development activities if the need arises. By relying on the breadth of experience of our
attorneys, we are able to delegate selected responsibilities to the attorney who,
because of special expertise, time availability, or other reasons, is in the best position to
fulfill those responsibilities. In addition, we will always seek to assign tasks to persons
who can properly perform them in the most cost-efficient manner.
,,--
7) Municipal Client List and References
List of current municipal clients for which the individual attorney or law firm serves as
City Attorney and provides general services including the name, position and phone
number for client reference.
-
City of Arlington
Jay Doegey, City Attorney
Telephone: 817-459-6878
Outside Counsel for impact fee,
ordinances and litigation since 1989
City of Cockrell Hill
Charles Slayton, Mayor
Telephone: 214-339-8610
City Attorney since 1993
City of Dayton
Larry Harris, Mayor
Telephone: 936-258-7605
Outside Counsel since 2004
~
City of Hawk Cove
Ava Havens, City Secretary
Telephone: 903-447-5330
City Attorney since 1999
City of Kemp
Tommy Springer, Mayor
Telephone: 903-498-3191
City Attorney since 2003
City of Marshall
Todd Fitts, City Attorney
Telephone: 903-935-0604
Outside Counsel for economic
development matters since 2003
City of Murphy
David Trudeau, Mayor
Telephone: 972-424-6021
~ City Attorney since 2003
Brown & Hofmeister's Municipal Clients
City of Canton
Charles Fenner, City Manager
Telephone: 903-567-2826
Outside Counsel since 2004
City of Crandall
Judy Bell, City Manager
Telephone: 972-427-3771
City Attorney since 2000
Town of Flower Mound
Van James, Town Manager
Telephone: 972-874-6089
Town Attorney since 1991
City of Highland Village
Mike Leavitt, City Manager
Telephone: 972-317-2558
City Attorney since 1994
City of Krugerville
Shelby Moore, Mayor
Telephone: 940-365-5833
City Attorney since 2004
City of McKinney
Larry Robinson, City Manager
Telephone: 972-547-7501
City Attorney since 1985
City of Nevada
Janey Mobley, Mayor Pro Tern
Telephone: 972-853-3992
City Attorney since 1997
City of Carroll ton
R. Clayton Hutchins, City Attorney
Telephone: 972-466-3025
Outside Counsel for litigation since
1990
City of Dallas
Tom Perkins, Assistant City Attorney
Telephone: 214-670-3519
Outside Counsel for litigation since
2003
City of Glenn Heights
Fred Hays, City Manager
Telephone: 972-223-1690 x207
City Attorney since 1995
City of Jacksboro
Joseph Portugal, City Manager
Telephone: 940-567-6321
Outside Counsel for employment and
ordinance updates since 2002
City of Lancaster
Jim Landon, City Manager
Telephone: 972-218-1101
Outside Counsel for elections and
redistricting since 2002
City of Mesquite
Elizabeth Lunday, Assistant City
Attorney
Telephone: 972-216-6272
Outside Counsel for land use and civil
service since 1992
City of Pilot Point
Vicky Varnau, City Secretary
Telephone: 940-686-2127
City Attorney since 2004
Town of Ponder
Vivian Cockburn, Mayor
Telephone: 940-479-2396
,-.
Town Attorney since 2002
City of Rowlett
Craig Owens, Assistant City Manager
Telephone: 972-412-6100
Impact Fee consultant since 2001
Town of Sunnyvale
Gary Spencer, Town Attorney
Telephone: 214-747-5200
Outside Counsel for litigation since
1987
Benbrook Economic Development
Corporation
Contact: Ron Rainey, Executive
Director
Telephone: 817-249-6990
Outside Counsel since 2004
,'-
City of Pottsboro
Denise Smith, City Secretary
Telephone: 903-786-2281
City of Roanoke
Jirruny Stathatos, City Manager
Telephone: 817-491-2411
Outside Counsel for planning and City Attorney since 2004
zoning since 2002
City of Runaway Bay
Joe D'Curie
Telephone: 940-575-4745
City Attorney since 2002
City of Weatherford
George Campbell, City Manager
Telephone: 817-596-0625
Outside Counsel for litigation since
2000
Other Public Clients
Celina Economic Development
Corporation
T. Bob McKnight, President
Telephone: 800-950-0561
General Counsel since 1997
Crandall Economic
Corporation
Mayor Joe Baker
Telephone: 972-427-3771
Development Dallas County Flood Control District
Joe Putnam
Telephone: 972-259-2626
General Counsel since 2001
General Counsel and litigation since 2000
Ellis County
Contact: Joe Grubbs,
Attorney
Telephone: 972-923-5070
Gun Barrel City Economic
County Development Corporation
Rita Evans
Telephone: 903-887-1899
Outside Counsel for since 2002
McKinney Community
Development Corporation
Mike Gibson, Executive Director
Telephone: 214-544-0296
General Counsel since 1995
,-.
State of Missouri
Ms. Andrea Spillars, Assistant
Attorney General
Telephone: 573-751-4418
General Counsel since 2003
McKinney Economic Development
Corporation
David Pitstick, President
Telephone: 972-562-5430
General Counsel since 1995
State of Oklahoma
Nick Slaymaker, Office
Counsel
Telephone: 405-271-6017
of General
Outside Counsel for litigation since Outside Counsel for litigation since 2003
2002
City of Seabrook
Contact: Robert "Bo" McDaniel
Telephone: 218-291-5600
Outside Counsel since 2003
Celina Independent School District
Ken Burks, Superintendent
Telephone: 972-382-2751
General Counsel since 1988
Denton County Tax Appraisal
District
Joe Forsythe, Director of
Administration
Telephone: 940-349-3975
Special Counsel since 2003
Lake Cities Volunteer
Department
Jason Collier, Chief
Telephone: 940-321-2141
Fire
General Counsel since 1999
Melissa Industrial & Economic
Development Corporation
David Moore
Telephone: 972-838-2075
Outside Counsel since 2003
8) Transition Coordination
Describe the approach and suggestions for the transition from the current City Attorney
to a new law firm.
r-
Brown & Hofmeister has significant experience assisting municipalities in making the
transition from the outgoing legal counsel to our firm. We understand the critical nature
of this process. We will perform a complete needs assessment based on feedback from
the City and the outgoing legal counsel, as well as our own review of any active or
pending litigation. Partners at the firm will work with the outgoing counsel to ensure a
smooth transition. We will quickly secure any outstanding issues, establish efficient
lines of communication, and begin serving the City's needs in a professional and
expeditious manner.
9) Fee Structure.
Describe the fee structure, including minimum or maximum hourly rates/charges and
reimbursable expenses proposed by the law firm. Propose a compensation package,
inclusive of all service costs. The fee structure should be presented on, at least as one
option, an hourly basis billable in ten minute increments. The City will select the finalist
by considering the proposed compensation as a "best and final offer, 11 although the City
reserves the right to negotiate terms as needed to improve elements of the proposal to
,.- best meet the needs of the City, including cost.
We will bill the City for legal services using a retainer and hourly rate structure. A
monthly retainer of $800 will be billed for attendance at two City Council meetings per
month. All other legal work will be billed at hourly rates in six-minute increments.
Partner rates range from $140 to $160 per hour for non-litigation matters and $150 to
$170 per hour for litigation. Associate rates range from $125 to $140 per hour for non-
litigation matters and $135 to $150 per hour for litigation. The firm will bill for any
ancillary charges incurred on behalf of the City as a direct pass-through with no markup.
We will lock these rates in for a one-year period.
,.-
10) Conflict of Interest Statement
Provide a statement that the individual attorney or law firm agrees, while serving as the
.".- City Attorney, not to undertake any representation of any person or entity in any matter
adverse to the City. State whether the law firm represents any adjoining or neighboring
municipality to the City of Colleyville or other public entity within Tarrant County.
Also, indicate if the law firm currently represents any real estate development interest or
company either currently or anticipating conducting business with the City.
".-
Brown & Hofmeister will not undertake any representation in any matter adverse to the
City. The firm understands the conflict that law firms encounter when representing
private clients and governmental clients in the same practice. We have strict guidelines
in place to prevent any conflict of interest. As a firm dedicated to its municipal law
practice, our internal policies prohibit the representation of private parties in judicial or
administrative proceedings involving public entities. The firm makes a conscious effort
to decline work opportunities from clients that exhibit a strong potential for conflicts. As
a result, we decline work from builders, developers, utilities, telecommunication firms,
and other business entities who have historically taken adverse positions against
municipalities. Furthermore, Brown & Hofmeister does not and will not represent any
real estate development interest or company currently or anticipating conducting
business with the City.
Brown & Hofmeister represents municipalities in Tarrant County; consequently,
attorneys at the Firm are very familiar with the issues in the Colleyville area. We have
represented the City of Arlington as special counsel since 1989. We also represent
economic development interests in the area, such as the Benbrook Economic
Development Corporation. The Firm does not, however, represent any of the
municipalities that share a common border with Colleyville and therefore will have no
conflict representing the City in economic development opportunities that could
potentially involve those neighboring municipalities.
".-
Brown & Hofmeister, L.L.P.
,.--
Attorneys and Counselors
740 E. Campbell, Suite 800
Richardson, Texas 75081
(214) 747-6100
www.bhlaw.net
ATTORNEY PROFILES
/'~
1"-
Brown & Hofmeister, L.L.P.
LENGTH OF PRACTICE
18 years
r' Robert F. Brown
Partner
PRIMARY AREA OF PRACTICE
Mr. Brown has developed a focus in litigation and appellate practices with emphasis in
municipal law, including areas of constitutional law, civil rights,employment discrimination,
zoning, land use, condemnation, water law, personal injury, construction law and
injunctions.
PROFESSIONAL AFFILIATIONS
~ American Bar Association, Member
Dallas Bar Association, Member
Federal Bar Association, Member
National Order of Barristers, Member
Texas City Attorneys Association, Member
LICENSES
State Bar of Texas, Member
United States District Court for the Northern & Eastern Districts of Texas
United States Court of Appeals, Fifth Circuit
United States Supreme Court
EDUCATION
Texas Tech University School of Law
Doctor of Jurisprudence, 1986
r' Texas A & M University
Bachelor of Business Administration, 1983
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214}747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
LENGTH OF PRACTICE
23 years
r- Mark E. Goldstucker
Partner
PRIMARY AREA OF PRACTICE
Mr. Goldstucker joined the Firm after more than two decades of private and public practice.
Prior to joining the Firm he served as the Chief of the Federal Civil Rights Section at the City
of Dallas, Texas. He has developed a state and federal litigation practice with an emphasis
in state and local government law, including the areas of municipal law, civil rights,
and commercial litigation.
PROFESSIONAL AFFILIATIONS
r-
American Bar Association, Member
Federal Bar Association, Member
Dallas Bar Association, Member
Texas City Attorneys Association
LICENSES & BAR ADMISSIONS
State Bar of Texas, Member
United States District Court, Northern and Eastern Districts of Texas
United States Court of Appeals, Fifth Circuit
United States Supreme Court
EDUCATION
The University of Texas School of Law
Doctor of Jurisprudence, 1980
The University of Texas at Austin
r- Bachelor of Science, 1976
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
PRIMARY AREA OF PRACTICE
,-.
Kent S. Hofmeister
Partner
LENGTH OF PRACTICE
28 years
Mr. Hofmeister is actively engaged in a state and federal litigation and appellate practice with
an emphasis in state and local government law, including the areas of constitutional law
civil rights, employment discrimination, zoning and land use and personal injury. Before
joining the firm, Mr. Hofmeister was an assistant city attorney with the Dallas City Attorney'~
Office, where he served as Chief of the Federal Litigation Section for more than five years.
Language: Spanish.
PROFESSIONAL AFFILIATIONS
American Bar Association, Member
~
Dallas Bar Association, Member
Federal Bar Association, National President 2002-03
State Bar of Texas, Member
LICENSES
United States District Court for the Northern, Western, and Eastern Districts of Texas
United States Court of Appeals, Fifth and Eleventh Circuit
United States Supreme Court
U.S. Court of Appeals for the Armed Forces
EDUCATION
Southern Methodist University School of Law
Juris Doctor, 1976
Southern Methodist University
Bachelor of Fine Arts, 1973
,-.
(lnstituto de Cultura Hispanica, University of Madrid campus,
Madrid, Spain, spring semester, 1972)
Brown & Hofmeister, L.L.P., 740 E. Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
LENGTH OF PRACTICE
21 years
~ Mark S. Houser
Partner
PRIMARY AREA OF PRACTICE
Mr. Houser has developed a state and federal litigation practice with an emphasis in state
and local government law, including the areas of municipal, zoning and land use, economic
development, real estate, and commercial lending.
PROFESSIONAL AFFILIATIONS
American Bar Association, Member
Collin County Bar Association, Member
r-- Dallas Bar Association, Member
LICENSES
State Bar of Colorado, Member
State Bar of Texas, Member
United States District Court for the Northern & Eastern Districts of Texas
United States Court of Appeals, Fifth Circuit
United States Supreme Court
EDUCATION
University of Kansas
Doctor of Jurisprudence, 1983
Universtiy of Kansas
Bachelor of Arts, 1980
r--
Brown & Hofmeister, L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
PRIMARY AREA OF PRACTICE
-- Terrence s. Welch
Partner
LENGTH OF PRACTICE
25 years
Mr. Welch has more than two decades of municipal law experience and is a frequent
speaker on issues facing public and business entities in Texas. His focus includes state and
federal court litigation and appellate practice with emphasis in municipal law, including
civil rights, constitutional law, employment discrimination, personnel matters, zoning and
land use litigation.
PROFESSIONAL AFFILIATIONS
American Bar Association, Section Chair, State and Local Government Law Section (2004-05)
Federal Bar Association, Member
r-- Dallas Bar Association, Member
LICENSES
Star Bar of Texas, Member
United States District Court for the Northern & Eastern Districts of Texas
United States Court of Appeals, Fifth Circuit
United States Supreme Court
EDUCATION
The University of Texas at Austin
Lyndon Baines Johnson School of Public Affairs
Master of Public Affairs, 1981
University of Houston College of Law
Doctor of Jurisprudence, 1979
r- University of Illinois at Urbana-Champaign
Bachelor of Arts, 1976
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
PRIMARY AREA OF PRACTICE
,'- Edwin P. Voss, Jr.
Partner
LENGTH OF PRACTICE
22 years
Mr. Voss entered private practice after over ten years experience as an assistant city attorney
for Dallas, Texas. His prior experience included practice with a major defense contractor and
other government work. His primary areas include litigation and appellate practice involv-
ing civil rights, constitutional law, municipal land use, municipal zoning and ordinance
defense, housing discrimination, employment law, and personal injury and construction
contracts. His practice includes handling litigation from the pre-trial and trial stages
through interlocutory and final appeals, at all levels, as well as a steady municipal
practice.
",-- PROFESSIONAL AFFILIATIONS
American Bar Association, Member
Dallas Bar Association, Member
Federal Bar Association, Member, Former President, Dallas Chapter
LICENSES
Board Certified Civil Appellate Law, Texas Board of Legal Specialization
State Bar of Texas, Member
United States Court of Appeals, Fifth Circuit
United States District Court for the Northern and Eastern Districts of Texas
United States Supreme Court
EDUCATION
Baylor University School of Law
Doctor of Jurisprudence, 1982
,-
Baylor University
Bachelor of Arts, 1980
740E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
LENGTH OF PRACTICE
5 yea rs
/_. Meredith A. Ladd
Associate
PRIMARY AREA OF PRACTICE
Ms. Ladd entered private practice after serving as an Assistant City Attorney for the
City of Arlington and College Station, Texas. Ms. Ladd has an emphasis in state and local
government law, including the areas of general representation, contracts, open records
and municipal court prosecution.
PROFESSIONAL AFFILIATIONS
American Bar Association, Member
Dallas Bar Association, Member
,'--
Federal Bar Association, Member
Texas City Attorneys Association, Member
LICENSES & BAR ADMISSIONS
State Bar of Texas, Member
United States District Court; Western, Eastern, Southern, and Northern Districts of Texas
United States Court of Appeals, Fifth Circuit
EDUCATION
Texas Wesleyan University School of Law
Doctor of Jurisprudence, 1998
Texas Wesleyan University
Bachelor of Arts, 1996
,--
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
lENGTH OF PRACTICE
15 years
~ Alan D. Lathrom
Associate
PRIMARY AREA OF PRACTICE
Mr. lathrom joined the Firm after a career in both public and private practice, including
seven years as an Assistant City Attorney at the City of Arlington, Texas. Mr. lathrom's
practice has an emphasis on state and federal litigation, state and local government
law, government contracts, land use, and municipal zoning law.
PROFESSIONAL AFFILIATIONS
International Municipal Lawyers Association, Member
,.-. Texas City Attorneys Association, Member
LICENSES & BAR ADMISSIONS
State Bar of Georgia, Member
State Bar of Texas, Member
Supreme Court of the State of Georgia
Court of Appeals of the State of Georgia
United States District Court, Northern District of Georgia
United States District Court, Northern and Eastern Districts of Texas
EDUCATION
Southern Methodist University
Doctor of Jurisprudence, 1989
University of Texas at Dallas
Bachelor of Arts, 1985
~
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 {214}747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
LENGTH OF PRACTICE
13 years
.-- Jeff L. Moore
Associate
PRIMARY AREA OF PRACTICE
Prior to joining Brown & Hofmeister, Jeff Moore served as an Assistant Attorney General with
the Texas Attorney General's office. He served as Chief of the Municipal Affairs Section of the
Office of the Attorney General. With the Texas Department of Economic Development and
State Comptroller's Office, Mr. Moore assisted with the Section 4A / 4B Sales Tax Training
Seminars required by the 77th Legislature. Mr. Moore has an emphasis in local government
law, including the areas of general representation, economic development, open meetings,
open records, and municipal court prosecution.
~ PROFESSIONAL AFFILIATIONS
American Bar Association, Member
Dallas Bar Association, Member
Texas City Attorneys Association
LICENSES & BAR ADMISSIONS
State Bar of Texas, Member
EDUCATION
Texas Tech University School of Law
Doctor of Jurisprudence, 1991
The University of Texas at Austin
Bachelor of Arts, 1987
.--
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
Brown & Hofmeister, L.L.P.
PRIMARY AREA OF PRACTICE
.-- Tatia R. Randolph
Associate
LENGTH OF PRACTICE
8 yea rs
Ms. Randolph joined the Firm after eight years of public law practice including three years
as an Assistant City Attorney for the City of Dallas, Texas, and five years as Senior Law Clerk
at the u.s. District Court for the Northern District. Ms. Randolph has an emphasis in state
and local government law, including the areas of litigation, general representation,
contracts and municipal court prosecution.
,.-.-
PROFESSIONAL AFFILIATIONS
American Bar Association
Dallas Bar Association, Member
Federal Bar Association, Member
State Bar of Texas, Member
LICENSES
United States District Court for the Northern Districts of Texas
United States Court of Appeals, Fifth Circuit
EDUCATION
South Texas College of Law, Houston, TX
Doctor of Jurisprudence, 1995
University of Texas
Bachelor of Arts, 1988
-
I
Brown & Hofmeister,L.L.P., 740 E.Campbell, Suite 800, Richardson, Texas, 75081 (214)747-6100
www.bhlaw.net
-
The Law Office of
J. KEVIN CAREY
ATTORNEY AND COUNSELOR
1305 W. Magnolia Ave., Ste. A
Fort Worth, Texas 76104
Board Certified Personal Injury Trial Law
Texas Board of Legal Specialization
Local 817-926-9944
Toll Free 877-926-9944
Facsimile 817-926-2499
January 13, 2005
Bill Lindley
City Manager, Colleyville
100 Main St.
Colleyville, TX 76034
Re: Request for Proposal for Legal Services
Dear Mr. Lindley:
We were excited when we found out about the opportunity to serve the City of
Colleyville by providing them with legal counsel. I know it might sound strange, but we both
have developed almost a "soft spot" in our hearts for city government. I served on a city
council until we moved, and much of Justin's earliest work as a new lawyer involved
defending small counties and cities. We have a small firm, and admittedly do not represent
any other cities at this time, but have discussed ways in which we might develop this
practice before we even found out about your request for proposals. Enclosed you will find
a brief narrative about the firm and what we can do for Colleyville.
rtr
01
JKC/jln
letter billlindleywpd
The Law Office of J. Kevin Carey opened in April, 2000, and has been in continuous operation
since that time. Prior to that, Kevin Carey had worked as an associate and partner at a medium-sized
defense firm in Fort Worth. Justin Brown joined the firm as an associate in the summer of 2004. In
addition, six support personnel assist the attorneys in representing their clients.
A brief biographical sketch of both attorneys:
J. Kevin Carey
born Houston, Texas, August 13, 1964; admitted to Texas bar, 1989; admitted to U.S. District Courts
in the Northern, Southern, Eastern and Western Districts of Texas, and the Federal Court of Appeals
for the Fifth Circuit.
Undergraduate: Baylor University, B.A. 1986. Law: South Texas College of Law, J.D. 1988
Recipient, American Jurisprudence A ward
Author: "Professionalism," Young Lawyer's Division of ABA Professionalism and Ethics Journal
Member: State Bar of Texas; Tarrant County Bar Association; Association of Trial lawyers of America;
and the Texas Trial Lawyers Association
Board Certified, Personal Injury Trial Law by the Texas Board of Legal Specialization since 1996
Lecturer in the "Advanced Expert Witness Course II" presented by the State Bar, February 2001.
Justin Brown
born Fort Worth, Texas, October 1, 1976; admitted to Texas bar 2002; admitted to U.S. District Courts
in the Eastern District of Texas and the Federal Court of Appeals for the Fifth Circuit.
Undergraduate: Baylor University, B.A. 1999. Law: Baylor University, J.D. 2002.
Relevant coursework: Baylor Law: Civil Liberties (A); Fed. Courts (A-); Local Governments (A);
CLE: University of Texas Essential Employment Law 2004; Federal Appellate Practice 2003
Member: State Bar of Texas; Tarrant County Bar Association, Tarrant County Young Lawyers
Association
The law firm has maintained the same physical address since it began, occupying a suite on
Magnolia Street, in the medical district of Fort Worth. However, the firm is currently involved in
negotiations as it actively seeks to expand its office space. Additional physical resources include all the
office equipment necessary to run a full service boutique litigation and legal counseling firm. Necessary
resources are maintained to handle everything from prosecuting complex plaintiffs medical malpractice
cases to the research ability required for appellate work and to deliver opinion letters on a variety of
business decisions clients make.
Though not currently representing any municipalities, neither attorney is a stranger to municipal
litigation, and the firm's courtroom and litigation experience is one of its strengths. Through their
knowledge of how the litigation process works, they can help the City of Colleyville navigate through
the litigation minefield.
Few understand as well as Kevin Carey what can happen if a city does not do what it can to
avoid liability. Representing four former city employees of Weatherford, he obtained a record setting
$1.85 million verdict against the city for retaliation of whistleblower activities. (Appeal at Ciry if
Weatherford v. Catron, 83 S.W.3d 261 (Tex. App.-Fort Worth 2002, no pet.)). Not only does he have
extensive and successful trial experience, but he also has experience outside of the courtroom and the
litigation process that will benefit the Colleyville city government as he advises them. He has served
as the legal adviser to clients such as the Tarrant County Republican party, and knows fltst-hand about
city government, having served on the Crowley City counsel.
Prior to joining the fltm,Justin Brown worked for a medium-sized fltm in East Texas where he
gained a great deal of relevant experience in a short amount of time. Though not personally approved
yet as TML defense counsel, as an associate he was instrumental in obtaining favorable judgments for
the cities of Nacogdoches and Lufkin on employment discrimination matters handled by the Texas
Municipal League. He did this not only at the trial court level but at the 5th Circuit Court of Appeals
as well. (See the memorandum opinion attached, giving the background of a case in which Justin
obtained summary judgment and wrote the majority of the appellee brief.) In addition, Justin worked
for small counties in the area. His fltst trial experience was in successfully defending Tyler County on
a road liability matter. (See attached copy of the Verdict Search case report). He also advised Tyler
County on a voting rights question, worked for them on a suit brought against them by a visitor to the
county jail, and for San Augustine County on an FLSA employment suit brought by workers at their
county jail. His knowledge of the municipal liability defense framework and process, as well as his
continuing education and work in the employment litigation field, will assist the fltm in advising the city
on avoiding potential liability.
By charging below-market rates and taking advantage of small-fltm efficiency and
communication, the fltm is able to deliver excellent results, and at a lower cost to the client than larger
fltms. This business model has been successful, both for the fltm and its clients. Not only does it
obtain favorable results once litigation arises, but clients are able to make the right decisions to either
position themselves favorably in anticipation of litigation, or avoid litigation altogether. Continuing
communication between attorneys and their clients is one of the most frequently overlooked, but most
important steps to avoiding lawsuits. This realization is a hallmark of the fltm's practice.
Clerical support and preparation oflegal documents can be expected to be produced in the same
manner delivered to all of the fltm's clients - with boutique fltm efficiency. The fee structure would be
very similar to other clients. Both of the fltm's attorneys will work for the city at the below-market rate
of $125/partner hour, $100/associate hour, and $50/paralegal hour. Bills are typically submitted
quarterly in six minute increments, but could easily be billed in ten minute increments as the proposal
guidelines suggest. Travel expenses, excluding travel to and from our office and Colleyville, would be
reimbursed by the city, as well as copying, long distance calling and faxing.
As stated, the fltm does not currently represent any local governments, nor does it have any
pending suits against Colleyville or any other governmental entity. The law fltm does not currently
represent either the Texas Association of Counties or the TML intergovernmental risk pool. After a
reasonable inquiry, no current client has known business before the City of Colleyville. While many
attorneys and some law fltms specialize in representing municipalities, the City of Colleyville has a
unique opportunity to have cost-effective attorneys experienced in city issues helping the City of
Colleyville and the City of Colleyville alone.
JAN-12-2005 WED 04:09 PM VerdiclSearch
FAX NO, 212 313 9145
p, 01/03
~J V E R DIe T~IEAlC!HJ
'''__-----0;.............__
To: Juftlin Brown
tirom:
Danna Geraci
Fir Ill:
l'u~lkation:
VrrdictScarch T~xa~
Fax llulIIl)(~r;
_. ,
8t7-926~2499
Pale:
,Jan. 12,2005
l{c:
Graham ca~c
Totn! (Iat:"~
including covn;
3
Dear Mr. Brown,
Here is the Graham case as you requested. Please feel free to contact me
should you have any additional comments or questions. Thanks very much.
Best Regards,
~llilLt0:iP'l(l{, '
Danna Geraci
Editor
VerdictSearch Texas
105 M..dlson Avenue New York, New York 10016
Ph: 1.800.537.2128 FJx:212.313.9145
www. V E R Die T ~ EAR ell. com
JAN-12-2005 WED 04:09 PM VerdiclSearch
FAX NO, 212 313 9145
p, 02/03
DRAPT
TEXAS
TYLER COUNTY
MOTOR VEHICLE
Sjn-g"le'Vehlcl~ ~ Ro~;d Defect - State Tort Clafms Act ___m,,_
Ilcavy rain on New Year's Eve 1990 washed out dirt road
Verdict 1J~'fcJ1sC'
Case Patsy (Jmham ann Willis Orahnlll v. Tyler County, No. 13,901
Court Tykr COllllly District C()urt, 881h
Judge Earl B. STover
Date 5/28/2003
Plaintiff
Attorney(s)
J('rry Pusch (lc'ld), Houston, 'l'X
Defense
Attorney(s)
Todd Kassaw (co-Ieml), Zeleskey, C011lclius, Hallmark, Roper & IIicks, Lufkin, TX
Justin Brown (co-Ie,ld), Zeleskey, Cornelius, Hallmark, Roper & Hicks, Lufkin, TX
Facts & Allogations
Pbinliff Pal~y GrnhJnJ, 51, n 1I\Ir~c, was driving On all unpltved counly road off ofF.M, 255 in Tyler Coumy, On
New Year's Day 1990.11 had railH:d he:lVily lhe previous day. She drove into an arCa of the roarl thnt she alleged WaS
wa~hcd out and sUSlained injuries and propelly d:lnlJge. although she made it through the alleged washout. She was
drivinr. a Chevrolet Cuvali\?l'.
She lIntl hel' husband, Willi." II bricklayer, sued the county t:odcr the Tex~s Tort Claims Act for negligently failing to
mah' the rOJd sal~ or warn ofthll washout.
The county denicd thJt 11ll: road was washed out and argued that she just hit a rough spot. The counly contended
th:H. evell iftllC road was wa~hcd OUI, the county could not have knO\Vll, given that the incident occurred after a
huliday weekend. The county al.<;o argued that othcr people had driven across the seCTion ofrond in question, all
shown by rim tracks in photos.
Th(, coul1ty nlsu introdU(;ed evidence of what a safe spt:ccl
\)11 thl' !'O:td would have been, said dL'flolllSe cO\l11~el.
Thl, c.;,I~l' 11:111 b\?l'n lried [wict: betorc. Both tillles, a Vt:'rdiel fJyoring the COlillly was I'cver~cd and rl'mil1Jded,
Atl(>rnl"Ys for the Urah:J.ms did noT contribute to Ihis report.
Injuries/Damages
back and lIeck; hip; t1epr~ssion; l:1mineclomy; loss of consortium
PalSY cl.limed hip, neck and b:lck injuries, She underwent two opcralioIls, inchl(iing a Iaminectumy <It L4.L5. She
claimed 10 ~uffer from dcprl'ssion as a n:~ult oCher neck ond back ilULlries, She asked for $68,348.08 in past mcdic~l
bills, plus allunspccif1cJ amount for 13 years of pas I pain alld suffering.
The COllllly nrgllec1 thnt Pal~y's depression <Inti back problems were pn.lcxistiug and noted that the only rlamage to her
cnr wa~ a $300 pl;lSti() lender Ihat had to b~ rcplilced,
Result
The j\ll'Y fuund no lil'gligence against Ihe county, Till; judge declined to suhmit comp<ll'iltive fall It, said defense
COlllls('1 Justin Brown.
D:lJl1a~es would have b()cl1 capped o.t $100,000, llrown noted,
Willis Clrahall1 had prl~ViOLL'ily bel"n a Tyler County Cummissioner, before bcinn voteu (lilt illlhc late 19805.
JAN-12-2005 WED 04:10 PM VerdiclSearch
FAX NO. 212 313 9145
p, 03/03
Plaintiff(s)
Patsy Graham
Willis Graham
Demilod NOJlG
Offer NOlie
lnstlrer(s)
None rcporlcd
Trial Details
Trial Length: 2 Days
Jury Deliberations: 1.5 Hours
Jury Poll: 11-1
Jury Composition: -' m~lc, 9 female; 2 black, 10 whiTe
Plaintiff
Expert(s)
Leu l\lpejoy, M.D,. Il1edjc~l/hcalth, J~spl'r, TX (ktTY Pusch) (treater; deposition)
Defense
Exp~rt(s)
Nom; reportcd
Post-Trial
NOlll,) reported
Editor's Note
None reported
Plaintirf(s)
DGmo~Jraphics
Patsy Graham
Age: 51 Y~'ars
Occupation: nurse
Gender: h'male
Married: Yes
Children: NOllc reporll,:d
Children Description: None reported
Willis Graham
Age: 50 :)
Occupation: bricklayer
Gender: Male
Married: Ycs
Children: None reported
Children Description: None rcpol'led
Written By -John Schneider
United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
May 25, 2004
Charles R. Fulbruge III
Clerk
No. 03-41238
Summary Calendar
THOMAS F SNODDY
Plaintiff - Appellant
v.
CITY OF NACOGDOCHES
Defendant - Appellee
Appeal from the United States District Court
for the Eastern District of Texas
No. 9:00-CV-12
Before KING, Chief Judge, and DAVIS and BARKSDALE, Circuit
Judges.
PER CURIAM: *
Plaintiff-Appellant Thomas F. Snoddy, a former police
officer for Defendant-Appellee the City of Nacogdoches, brought a
Title VII lawsuit against the City alleging that he was denied a
promotion, demoted, harassed, and constructively discharged both
on account of his race and In retaliation for his past complaints
of discrimination. Snoddy appeals from the district court's
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-41238
-2-
grant of the City's motion for summary judgment on each of these
claims.
For the following reasons, we AFFIRM.
I. BACKGROUND
Snoddy, an African-American, was employed by the City as a
police officer from 1993 until he resigned in April 1999. In
early 1994, according to Snoddy, he began reporting to his
superiors various incidents of racial discrimination within the
police department.
Snoddy alleges that his complaints did
nothing to end the discrimination and instead caused a backlash
as his supervisors within the department subjected him to
"trumped-up" disciplinary actions and unfair performance
evaluations, denied him a promotion, and removed him from the
department's Field Officer Training ("FTO") program.
Snoddy
further claims that he felt compelled to resign as a result of
this series of discriminatory incidents.
In January 2000, Snoddy brought suit against the City
alleging employment discrimination and retaliation, in violation
of Title VII of the Civil Rights Act of 1964, as amended, 42
D.S.C. 5 2000e et seq., based on his non-promotion, demotion,
harassment, and constructive discharge claims.1 In May 2003,
Snoddy noticed a deposition under Rule 30(b) (6), requiring the
City to provide a witness with information about the police
~
According to the district court, Snoddy also brought
claims under 42 D.S.C. 5 1983, alleging that the City had
retaliated against him in violation of his First Amendment
rights. But because Snoddy does not reassert these claims on
appeal, we will not address them.
No. 03-41238
-3-
department's promotion practices during Snoddy's tenure as a
police officer.
The City filed a motion to quash this deposition
and subsequently filed a motion for summary judgment. The
district court granted both motions and entered a final order
dismissing Snoddy's claims with prejudice.
Snoddy now appeals
the district court's resolution of both motions.
II. DISCUSSION
A. Ouashinq the Deposition
Snoddy first asserts that the district court erred in
granting the City's motion to quash his Rule 30(b) (6) deposition.
The district court found that the deposition was "unreasonably
cumulative and duplicative" since it believed that Snoddy had
already obtained the information he was seeking by deposing both
Elizabeth Sanchez and Police Chief William Lujan.2 In addition,
the district court found that Snoddy had more than ample time, in
the years that the case was pending, to develop the facts of his
case.
It therefore quashed the deposition under Federal Rule of
Civil Procedure 26(b) (2).
"We review a district court's decision denying discovery,
including quashing deposition subpoenas, for abuse of
discretion." Theriot v. Parish of Jefferson, 185 F.3d 477, 491
2 The district court also observed that these witnesses
were provided by the City under Rule 30(b) (6). In fact, both
before the district court and this court the City claims that,
had it been required to cooperate with this third deposition, it
would have considered Chief Lujan the appropriate witness to
testify regarding the police department's promotion policies.
No. 03-41238
-4-
(5th Cir. 1999).
Snoddy argues that the deposition should not
have been quashed because he did not obtain the information he
was seeking--the identity of the official responsible for the
promotion decision and the educational and experiential
qualifications of the white candidate who was selected--in either
of the previous depositions.
Snoddy also claims that the
district court should have granted his request for a continuance,
under Rule 56(f), which would have allowed him to conduct the
deposition before the court ruled on the City's pending summary-
judgment motion.
We disagree. The Federal Rules expressly state
that a district court may limit a party's discovery if that party
"has had ample opportunity .
to obtain the information
sou g h t." FE D . R. C I V. P. 2 6 (b) (2) (i i) .
Furthermore, a party who
"has not diligently pursued discovery" is not entitled to a
continuance under Rule 56(f).
See, e.q., Beattie v. Madison
Count v Sch. Dist., 254 F.3d 595, 606 (5th Cir. 2001).
Thus, the
district court did not abuse its discretion in quashing the
deposition and ruling on the City's motion for summary judgment
without granting a continuance. Cf. Walls v. General Motors,
Inc., 906 F.2d 143, 147 (5th Cir. 1990) (" [The plaintiff] had
ample time and sufficient opportunities to conduct the discovery
procedures which he complains were denied him.
He cannot now lay
his failure to conduct discovery at the feet of the district
court.") .
B. Summary Judqment
No. 03-41238
-5-
Snoddy also attacks the district court's grant of summary
judgment to the City on his discrimination and retaliation
claims. We review a district court's grant of summary judgment
de novo, applying the same standard as the district court.
Fierros v. Tex. Dep't of Health, 274 F.3d 187, 190 (5th Cir.
2001) .
Summary judgment lS proper when the record, viewed In the
light most favorable to the non-moving party, demonstrates no
genuine issue of material fact and where the moving party is
entitled to judgment as a matter of law. See FED. R. Crv. P.
56(c); see also Blow v. City of San Antonio, 236 F.3d 293, 296
(5th Cir. 2001). Moreover, "[t]he moving party is entitled to a
judgment as a matter of law [if] the nonmoving party has failed
to make a sufficient showing on an essential element of her case
with respect to which she has the burden of proof." Celotex
Corp. v. Catrett, 477 U.S. 317, 323 (1986) (internal quotation
marks omitted).
1. Non-Promotion
Before the district court, Snoddy alleged that the City did
not promote him to a detective position in the fall of
1997--choosing instead to promote Greg Johnson, a white
male--both on account of Snoddy's race and in retaliation for his
previous complaints of racial prejudice within the police
department.
To prove intentional discrimination under the now-
familiar McDonnell Douolas burden-shifting framework, Snoddy was
first required to establish a prima facie case by a preponderance
No. 03-41238
-6-
of the evidence. See McDonnell Douqlas Corp. v. Green, 411 U.S.
792, 802 (1973).
It is undisputed that Snoddy met this burden:
(1) he is African-American, (2) he was qualified for the
position, (3) he was not selected, and (4) the position was
filled by a white applicant. Cf. Blow, 236 F.3d at 296
(discussing the elements of a prlma facie case).
Snoddy's prlma
facie case created a presumption of discrimination, shifting to
the City the burden of producing a legitimate, nondiscriminatory
reason for not promoting Snoddy. Id. at 296-97.
The district
court found that the City fulfilled its burden by showing that it
selected Greg Johnson because he outs cored Snoddy on all three of
the relevant criteria--the performance review, the interview, and
the number of years of service in the department.
Thus, to overcome the City's motion for summary judgment,
Snoddy bore the burden of providing sufficient evidence from
which a reasonable jury could conclude that the City's reason was
pretextual.
Price v. Fed. Express Corp., 283 F.3d 715, 720, 723
(5th Cir. 2002).
Snoddy could have satisfied this burden by
demonstrating that he was "clearly better qualified" for the
detective position than the employee selected by the City. See
id. at 722.
Nevertheless, we have cautioned that, "unless
disparities in curricula vitae are so apparent as virtually to
jump off the page and slap us in the face," we will not second-
guess an employer's promotion decisions.
Odom v. Frank, 3 F.3d
839, 847 (5th Cir. 1993).
Snoddy believes that his two college
(
No. 03-41238
-7-
degrees in criminal justice, compared to Johnson's high school
education, demonstrate his superior qualifications.
There is no
evidence that a college degree was required for the detective
position, however.
Thus, in light of Johnson's higher scores in
each of the selection criteria, Snoddy has not demonstrated that
he was clearly more qualified for the detective position. See
Mannino v. Chevron Chern. Co., 332 F.3d 874, 882 (5th Cir. 2003).
Snoddy also attempts to prove pretext by pointing out that most
of the City's selection criterial were inherently subjective.
But this fact alone does not create an inference that the City's
proffered reasons for choosing Johnson were pretextual. See id.
Accordingly, we affirm the district court's grant of summary
judgment on Snoddy's discriminatory non-promotion claim.
Snoddy also alleged that the City chose not to promote him
in retaliation for voicing his complaints of racial
discrimination within the department. To establish a prima facie
case of retaliation under Title VII, Snoddy was required to
demonstrate: "(I) that [he] engaged in activity protected by
Title VII, (2) that an adverse employment action occurred, and
(3) that a causal link existed between the protected activity and
the adverse employment action." Fierros, 274 F.3d at 191
(internal quotation marks omitted). The district court held that
Snoddy did not satisfy the third prong of this test because he
proffered no evidence--other than his own subjective
",...-,.
beliefs--that retaliation played a role in the City's promotion
No. 03-41238
-8-
decision.
Critically, the court noted that Snoddy did not allege
or prove that the officials responsible for choosing among the
candidates for the detective position were aware of his previous
complaints of race discrimination. Notwithstanding Snoddy's
other arguments to the contrary, we affirm the district court's
grant of summary judgment on this basis. Cf. Mannino, 332 F.3d
at 883-84 (affirming the grant of summary judgment to an employer
on a retaliation claim because the employee did not prove that
the individuals who denied his transfer request knew he had
engaged in a protected activity).
2. Demotion
In his complaint, Snoddy also alleged that the City removed
his duties as an FTO in the spring of 1998 both because of his
race and in retaliation for his past complaints of race
discrimination.
The district court held that Snoddy had not
satisfied a prima facie case of discrimination or of retaliation
under Title VII because withdrawing Snoddy from the FTO program
was neither a demotion nor any other type of adverse employment
action.
Specifically, the district court noted that while Snoddy
was no longer required to perform additional training duties as a
result of the department's decision, his primary job title, pay,
hours, and benefits remained the same.
Snoddy does not attack the legal basis of these conclusions
on appeal.
Instead, he contends that the district court erred by
not noticing the City's concession, in its motion for summary
No. 03-41238
-9-
judgment, that removing Snoddy from the FTO program was the
equivalent of demoting him. Our review of the City's motion,
however, did not reveal any such concession.3 We therefore
uphold the district court's grant of summary judgment on Snoddy's
demotion claims.
3. Harassment
Snoddy presents two arguments against the district court's
grant of the City's motion for summary judgment on his claim of
racial harassment.
First, Snoddy points out "that a district
court may not grant summary judgment sua sponte on grounds not
requested by the moving party." John Deere Co. v. Am. Nat'l
Bank, Stafford, 809 F.2d 1190, 1192 (5th Cir. 1987). While this
is a correct statement of law, the City explicitly challenged the
validity of Snoddy's harassment claim in its motion for summary
judgment. 4 Thus, John Deere does not apply to the case at bar.
3 Snoddy relies on the following sentence in the City's
motion: "The City asserts that the removal of [Snoddy] from his
FTO duties was not a promotion/demotion decision, but is
confined, for summary judgment purposes, to [Snoddy's] pleadings
in which he asserts that this was a demotion." In our view, the
latter half of this statement merely explains that the City chose
to address Snoddy's removal from the FTO program as a demotion
claim--not as a second non-promotion claim. This interpretation
comports with the first half of the sentence, which more clearly
states that the City does not agree that Snoddy was demoted.
In fact, the City's motion discusses the legal
standards for proving harassment, defends the department's
treatment of Snoddy, and then concludes: "Since any alleged
harassment conjured up from the evidence. . cannot meet the
stringent requirements of a hostile working environment claim,
this claim should fail as a matter of law and summarv ludament is
appropriate" (emphasis added).
No. 03-41238
-10-
Second, Snoddy asserts that the district court erred in
holding that there was insufficient evidence for a reasonable
jury to conclude that he was racially harassed by his supervisors
in the police department.
To prevail on his claim of racial
harassment, Snoddy was required to prove that: "(1) [he] belongs
to a protected group; (2) [he] was subj ected to unwelcome
harassment; (3) the harassment complained of was based on race;
[and] (4) the harassment complained of affected a term [, ]
condition or privilege of employment." Celestine v. Petroleos de
Venezuella SA, 266 F.3d 343, 353 (5th Cir. 2001) A court will
not find that the harassment "affected a term[,] condition or
privilege of employment" unless it was "'sufficiently severe or
pervasive so as to alter the conditions of employment and create
an abusive working environment.'" Id. (quoting Watts v. Kroqer
Co., 170 F.3d 505, 509 (5th Cir.1999)). According to the
district court, Snoddy did not meet either the third or the
fourth prong of the Celestine test.
In challenging this conclusion, Snoddy asserts that the
district court overlooked the record evidence that supported his
claim.
For example, he points to his sworn statement that:
"Negative comments were included in my performance evaluations as
a result of my race and my reporting racial prejudice within the
Police Department." The district court was not required to
credit this conclusory allegation of discrimination, however.
No. 03-41238
-11-
See AUQuster v. Vermillion Parish Sch. Bd., 249 F.3d 400, 403 &
n.3 (5th Cir. 2001).
Snoddy also highlights the fact that the City was unable to
identify a single white employee who received a reprimand, as
Snoddy did, for arriving two minutes late to roll call.
This
argument rests on a fundamental misunderstanding of the burden of
proof. While Snoddy could have created an inference that the
reprimand was racially motivated by showing that similarly
situated white employees were treated differently, see, e.g.,
Mavberrv v. VOUQht Aircraft Co., 55 F.3d 1086, 1090 (5th Cir.
1995), the City was not required to demonstrate that a white
employee committed an identical violation, and received an
identical reprimand, in its motion for summary judgment.
Furthermore, Snoddy's contention that the district court
ignored evidence, which tended to demonstrate that he was
unjustly disciplined by the City for conducting off-duty work in
a criminal trial without department approval, lS similarly
unavailing.
In its motion for summary judgment, the City
proffered evidence that Snoddy had requested, and had been
denied, permission to conduct this type of off-duty work. In
addition, the City proffered evidence of its investigation into
this incident, which demonstrated that the department based its
disciplinary action on testimony from witnesses who attended the
trial and overheard Snoddy bragging about his work on the trial
and the amount of money he was being paid.
In response, Snoddy
No. 03-41238
-12-
simply argues that, had the City conducted a more thorough
investigation, it would have discovered that he attended the
trial as an observer, not as an employee of the defense team.
Yet, Snoddy has proffered neither circumstantial nor direct
evidence that the City's disciplinary decision was influenced by
his race.
Thus, the district court correctly held that Snoddy's
disciplinary sanction was not an act of racial harassment. Cf.
id. at 1090-92 (holding that an employee could not demonstrate
race discrimination merely by showing that his employer's reason
for suspending him was "wrong," because the employer's decision
was made in good faith and the employee did not also show that
similarly situated white employees were treated differently) .
Snoddy's final complaint about the district court's
resolution of his harassment claim centers on the City's decision
to remove his training duties.
Snoddy argues that the City's
reliance on multiple, inconsistent reasons for withdrawing his
participation in the FTO program is itself probative of pretext.
Yet, even if we assume that the evidence in the record supports
an inference that the officials who removed Snoddy's duties were
motivated by his race, Snoddy has not demonstrated that this one
action was so "sufficiently severe or pervasive" that he was
subject to an "abusive working environment." Thus, the district
court correctly concluded that the City was entitled to judgment
as a matter of law on Snoddy's racial harassment claim.
4. Constructive Discharge
No. 03-41238
-13-
Finally, Snoddy contends that he presented sufficient
evidence to survive the City's motion for summary judgment on his
constructive-discharge claim. We agree with the district court,
however, that because no reasonable jury could find that Snoddy
was subjected to a hostile work environment based on the evidence
in the summary-judgment record, a reasonable Jury also could not
find that he was constructively discharged. See Brown v. Kinney
Shoe Corp., 237 F.3d 556, 566 (5th Cir. 2001) ("Constructive
discharge requires a greater degree of harassment than that
required by a hostile environment claim.")
III. CONCLUSION
Accordingly, we AFFIRM the judgment of the district court.
'l1li&'11
Fanning Harper & Martinson
January 12,2005
CityofColleyville City Council
100 Main Street
Colleyville, TX 76'034
Dear City of Colleyville. City Council:
Thank you for glvmg me the opportunity to submit our firm' s, propo~al to serve as
counsel for the City of Colleyville. As head of the municipal law section at Fanning Harper &
Martinson, I am- excited about the possibility of working with the City of Colleyville as legal
counsel. r slncen~ly believe that you will be well pleased should the City of ColleyVille decide
to retain our iaw firm.
Our proposal begins with a brief biography ofeath attorney i~ our municipal law team.
The remainder of the proposal tracks the content requested in the Request for Proposals.
Should you desire any other information, please feel free to contact me.
Thank you again for giving us an opportunity to submit our proposal to you.
Ilook forward to discussing your needs for legaJ services in the very near future.
Sincerely,
,~~
THOMAS P. BRANDT
-
'I." Fanning Harper & Martinson, P. C. Attorneys and Counselors
Two Energy Square . 4849 Greem~lle Avenu.e , Suite 1300. , Dallas, Texas 75206. .P 214,369,1300 F 214,987,9649
Fanning Harper & Martinson's
proposal for
the City of Colleyville' s
General Legal Services and
Municipal Court Prosecution Services
TABLE OF CONTENTS
I. MEET OUR MUNICIP AL LAW TEAM........................................................................... 2
II. STATEMENT OF QUALIFICATIONS ............................................................................ 6
III. FIRM RESOURCES......... ................................................... .... ... ... .... ................................. 7
IV. MUNICIP AL LIT GAT ION EXPERlECE ......................................................................... 8
V . SERVICE PHILOSOPHy..... .......... ................................................................................... 8
VI. METHOD OF SERVICE...................................................... .............................................. 9
VII. ASSIGNED PERSONNEL............................ .......................... ........................................... 9
VIII. MUNICIP AL CLIENT LIST AND REFERENCES ........................................................ 10
IX. TRANSITION COORDINATION......................................................... .......................... 12
X. FEE STRUCTURE...................................................................................... .............. ....... 12
XI. CONFLICT OF INTEREST STATEMENT .................................................................... 12
1
I.
MEET OUR MUNICIPAL LAW TEAM
Thomas Brandt serves as the head of the school law section
at Fanning Harper & Martinson, P.C. Tom's practice focuses on the
representation of local governmental entities, their officials and
employees in a wide variety of matters in federal and state courts.
Tom's practice includes representation of counties, cities and
private sector clients in the areas of civil rights and employment
matters.
Tom graduated with a joint degree (J.D./M.B.A.) from the
University of Texas School of Law and the Lyndon B. Johnson
School of Public Affairs in 1985. Tom was awarded a Rotary
Foundation Scholarship in 1988 to study international and
comparative law in New Zealand. Tom has served as President of
the Dallas Chapter of the Federal Bar Association and as president of the St. Thomas More
Society of Dallas. Tom has been married to his wife, Mary, for 18 years. Tom and Mary have
six children. Away from the office, Tom tries to keep up with his kids' schedules.
Stephen Henninger is a director at Fanning, Harper &
Martinson, P.c. His practice focuses on the representation oflocal
governmental entities such as counties, cities, and school districts,
as well as their employees, in a wide variety of matters including
personal injury, civil rights, First Amendment issues, Fair Housing,
and school law. Stephen is licensed before all courts in the State of
Texas, the Federal District Courts for the Northern, Eastern, and
Southern Districts of Texas, and the 5th Circuit Court of Appeals.
Additionally, Stephen was recently licensed to practice law before
the United States Supreme Court.
Stephen graduated from the Texas Tech University School of Law,
where he was the recipient of a Board of Regents Full Scholarship.
He received his Bachelor of Arts degree from the University of Texas at Austin. Prior to joining
FHM, he worked as an attorney in the litigation section ofthe City of Dallas' City Attorney's
Office. Away from the office, Stephen enjoys spending time with his family, golfing and
playing guitar.
2
John Roehm is a director at Fanning Harper & Martinson,
P.C. John's practice focuses on municipal law and ad valorem tax
matters in state and federal court. John is licensed in all courts in
the state of Texas, the Federal District Courts for the Northern,
Eastern and Western Districts of Texas and the Fifth Circuit Court
of Appeals.
John grew up an army brat but calls Texas home. John
received a B.A. with honors from the University of Texas at
Austin and a J.D. from St. Mary's School of Law. John is a
member of several professional and civic organizations and was
the President of the Dallas Chapter of the Federal Bar Association.
When not practicing law, John enjoys traveling, snow skiing,
tennis and golf.
Mark Dyer is a director and member of the management
committee for Fanning Harper & Martinson, P.c. Mark has been
with the firm since graduating from Baylor Law School in 1989.
He is board certified in personal injury trial law and is an active trial
attorney defending individuals and companies in civil litigation
matters, including premises liability, products liability, commercial
,- litigation and construction disputes. Mark was named one of Texas'
Super Lawyers for 2003 and 2004 by Texas Monthly magazine.
Mark and his wife have two young daughters and are active
in church, school and community organizations. Mark is currently a
member of the City of Irving's Planning and Zoning Commission.
In July 2004, Mark was appointed to the Board of Trustees of the Baylor Health Care Center of
Irving, and will serve a three-year term. When not practicing law, Mark enjoys marathon
running, golf and spending time with his family.
Nellie Hooper is an associate at Fanning Harper &
Martinson, P.c. Her practice focuses on Employment Litigation,
Local Government Defense and Appellate Advocacy. Nellie is
licensed to practice in all Texas state courts and the United States
District Courts for the Northern, Southern, Eastern and Western
Districts of Texas. Nellie is also licensed to practice before the
United States Supreme Court and the U.S. Court of Appeals - Fifth
Circuit.
Nellie is a graduate of South Texas College of Law. She also
earned her undergraduate degree from the University of Texas at
Austin. Prior to joining FHM, she served as a research and staff
attorney for the Dallas Court of Appeals. Nellie enjoys reading,
traveling and spending time with her family.
3
Robert Fugate is a director at Fanning Harper & Martinson,
P.c. His practice focuses on civil appeals, including municipal
law, school law, First Amendment, commercial litigation, insurance
coverage and personal injury. Robert has handled appellate matters
before the Texas Supreme Court, United States Fifth Circuit Court
of Appeals and the Dallas, San Antonio, Houston (First District),
Corpus Christi and Eastland Courts of Appeals. He filed the first
"hyper-linked" CD-Rom brief filed with the Texas Supreme Court.
This new technology includes all briefing, cited cases, and the
complete appellate record on a single CD-Rom.
Robert is a magna cum laude graduate of the University of
Houston Law Center, where he was elected to the Order of the Coif. His undergraduate degree is
in civil engineering from the University of Texas at Arlington. Prior to joining FHM, Robert
served as a research and staff attorney at the Dallas Court of Appeals. Away from work, Robert
enjoys traveling to National Parks with his family and salt-water fishing throughout the Gulf of
Mexico.
Amanda Bigbee is an associate at Fanning Harper &
Martinson, P .C. Amanda primarily practices in the areas of
municipal law and school law, which she fell into naturally as the
daughter ofthe superintendent of Azle ISD. Amanda is licensed to
practice in all Texas state courts and the United States District
Courts for the Northern and Eastern Districts of Texas.
Amanda attended Baylor University School of Law, where
she was a member of the Order of the Barristers, Phi Delta Phi, and
participated as a member of the American Bar Association
Mediation Team. Her undergraduate degrees are in English and
Political Science from Baylor University. At Baylor, Amanda
served as President of Sigma Tau Delta, vice-president of Phi Alpha Delta, and fund-raising
chair for the nation's first college Habitat for Humanity chapter.
During her tenure at FHM, Amanda has helped write and organize materials for
numerous client education seminars and industry-related conferences, including the Suing and
Defending Governmental Entities 2004 conference. Away from the office, Amanda enjoys
traveling, supporting her favorite sports teams, and theater.
4
Joshua Skinner is an associate at Fanning Harper &
Martinson, P.C. His practice focuses on Local Government
Defense, Employment Litigation, and Appellate Advocacy.
Joshua is licensed to practice in all Texas state courts, the United
States District Courts for the Northern and Eastern Districts of
Texas, and the U.S. Court of Appeals for the Fifth Circuit.
Joshua is a graduate of Ave Maria School of Law, where
he served as president of the International Law Society and editor
of the Oasis, the student newspaper. His undergraduate degree is
in English from the University of Dallas. Joshua enjoys spending
time with his wife and three children, traveling whenever possible,
and reading.
5
II.
STATEMENT OF QUALIFICATIONS
The law firm of Fanning Harper & Martinson, P.c., has been providing its clients with
high quality legal services at reasonable rates for over forty years. Our clients include cities,
counties, school districts, private businesses and insurance companies. We provide our clients
with general counsel services and litigation services in a wide variety of matters.
We have 16 directors (partners), 11 associate attorneys, and approximately 25 members
of the support staff. We pride ourselves on being small enough to give each client the personal
attention they deserve and large enough to provide all the services our clients could need.
Weare proud of the lawyers and staff at our firm-the ethical standards we have
established for ourselves both professionally and personally ensure we will represent your
interests with the highest level of integrity, while aggressively advocating on your behalf.
In order to choose the best possible legal counsel, the City of Colleyville will need to
look for a law firm that has: (1) a proven commitment to representing local governments; and (2)
a wealth of experience in municipal law. We believe that we possess both the commitment and
experience necessary to do an outstanding job for the City ofColleyville.
Thomas P. Brandt, the head of our municipal law section, is a graduate of the University
of Texas School of Law. Mr. Brandt's educational background includes not only a doctorate of
jurisprudence but also a masters degree in public affairs from the nationally ranked Lyndon B.
Johnson School of Public Affairs. Upon graduation in 1985, Mr. Brandt was selected to
participate in the prestigious Presidential Management Internship program. After working as an
assistant city attorney with the City of Dallas for three years, Mr. Brandt was awarded a Rotary
Foundation Scholarship to study international law in New Zealand. Mr. Brandt's law degree,
masters degree and L.L.M. level studies provide the breadth and depth of education you should
seek in your legal counsel.
Mr. Brandt's educational background in law and public affairs demonstrates not only that
he has gone well beyond the minimum educational standards, but it demonstrates that he has,
from the very beginning, focused his energies and attention toward representing public entities
and officials. This focus and commitment to the public sector has also carried through in his
practice. For the last twenty (20) years, he has spent the vast majority of his professional career
representing cities, school districts, counties, and their officials. His commitment to representing
public entities and officials is clearly evidenced by his track record.
We encourage each of our lawyers to continue their educational endeavors through
continuing education courses that are tailored to assist in our municipal law practice. We
constantly strive to add to our knowledge base by participating in and attending conferences,
seminars, and classes which will assist us in providing the best legal advice possible to
municipalities.
The lawyers in our municipal law section not only keep informed and educated about
6
current issues in municipal law, we actually are among the leaders in the field of municipal law.
Our firm co-sponsored the most recent annual conference of the International Municipal Law
Association held in San Antonio, Texas. Our lawyers have frequently presented papers and
speeches to the State Bar, the Texas City Attorney's Association and other organizations about
matters which concern Texas cities. A few examples of our most recent speeches are listed
below:
Date Event Paper Presented Presenter
07/23/04 State Bar of Texas Seminar Immunity for Individuals (Public Thomas P.
"Suing and Defending official and public employees) Brandt
Governmental Entities"
08/13/04 Texas Municipal League Premises Liability, the Texas Thomas P.
Intergovernmental Risk Pool 14th Tort Claims Act, the Brandt
Annual Workshop for Attorneys Recreational Use Statute and
Governmental Entities
09/24/04 The Challenges Facing Local The Religious Land Use and Thomas P.
Governments Annual Seminar Institutionalized Persons Act Brandt
Fanning Harper & Martinson is committed to providing municipalities with affordable
and accessible legal counsel. It is important for a law firm you hire to be committed to the area
of municipal law and committed to providing you and your district with quick and accurate legal
advice. With eight attorneys in the municipal law section of Fanning Harper & Martinson, we
are small enough to make the City of Colleyville a primary commitment in our practice, but large
enough to ensure that someone is always available to assist you with your legal matters.
III.
FIRM RESOURCES
Fanning Harper & Martinson's primary office is located on the thirteenth floor of Two
Energy Square, 4849 Greenville Avenue, Suite 1300, Dallas, Texas 75206. We have been at this
location since 2001. We also have an office in Tarrant County that is the headquarters for three
of our attorneys. It is just a few miles from Colleyville at 1600 Airport Freeway, Suite 407,
Bedford, Texas 76022. Fanning Harper & Martinson maintained its offices from 1988 until 2001
at 8117 Preston Road, 3rd floor, Dallas, Texas 75225.
Fanning Harper & Martinson is on the cutting edge of using technology to benefit our
clients. Many of our research tools are now online, which enables us to find information we
need while away from the firm library. Fanning Harper & Martinson filed the first "hyper-
linked" CD-Rom brief filed with the Texas Supreme Court. This new technology includes all
briefing, cited cases, and the complete appellate record on a single CD-Rom. References in the
briefing were electronically linked to cited cases and record excerpts. The appeal was
successful, and the Texas Supreme Court rendered judgment in favor of our client.
In order to serve our clients promptly and efficiently, we are available to our clients by
phone, cell phone, fax, and electronic mail. The City of Colleyville should not find it difficult to
7
get in touch with a member of the municipal team. Fanning Harper & Martinson has proven that
it is on the cutting edge of the resources needed to provide the best service possible to our
clients.
IV.
MUNICIPAL LITGATION EXPERIECE
In order to choose the best possible legal counsel team, the City of Colleyville should
look for a law firm that has proven to be competent and experienced.
The municipal law attorneys at Fanning Harper & Martinson have over 60 years of
combined legal experience. While our primary focus is on representing cities, counties, school
districts and other governmental bodies, our team also has handled matters related to
employment, taxation, sexual abuse litigation, appellate advocacy, and a wide range of other
Issues.
Mr. Brandt has been a licensed attorney for over nineteen (19) years and, in that time, has
handled hundreds of cases of all kinds. Mr. Brandt has participated in eight (8) cases before the
United States Supreme Court, one of which reached the merits stage and was orally argued. He
has served as lead counsel in over forty (40) cases before the United States Court of Appeals for
the Fifth Circuit and have orally argued eight (8) cases before the Fifth Circuit. Mr. Brandt has
participated in at least ten (10) cases before the appellate courts of Texas and has orally argued
five (5) cases before the Texas Courts of Appeals. Mr. Brandt has participated in twenty-two
(22) cases which have resulted in published opinions. He served as lead counsel in nineteen (19)
of these cases. He has served as counsel numerous jury trials, bench trials and contested
evidentiary hearings. He has been heavily involved in municipal law matters for his entire
career.
We also have experience with high level municipal public integrity investigations. We
were hired by one city in the metroplex last spring to investigate allegations of wrongdoing
within the city's police department. Mr. Brandt worked closely with the City Auditor and the
City's Attorney office to conduct a complete and thorough review of the facts. The city trusted
that Mr. Brandt possessed the integrity, competence and experience to complete the investigation
in a timely and thorough manner.
Our firm is an approved defense counsel for the Texas Municipal League Risk Pool,
Professional Claims Managers, Texas Association of School Boards, Texas Association of
Counties, as well as other risk pools and insurance carriers.
Our record at Fanning Harper & Martinson demonstrates our competence and experience
in a wide range of areas which effect municipalities in today's legal environment.
V.
SERVICE PHILOSOPHY
8
Fanning Harper & Martinson's service philosophy is simple: early evaluation, innovative
planning and aggressive implementation. In other words, we evaluate your position sooner
rather than later, work with you to develop a plan, and do what is necessary to execute that plan,
The municipal team at Fanning Harper & Martinson is uniquely capable of serving the
City of Colleyville's needs because of its established dedication to municipalities, experience in
this field, and integrity. Our success can be measured by the long-term relationships we have
built with our clients.
Furthermore, we are successful, experienced trial attorneys. This litigation background
gives our clients the benefit of knowing how to prepare for a lawsuit, and more importantly, how
to avoid lawsuits all together.
Finally, we believe that legal success grows from personal success. The ethical standards
we have established for ourselves, both professionally and personally, ensure that we represent
your interests with the highest level of integrity, while aggressively advocating on your behalf.
VI.
METHOD OF SERVICE
Above all else, Fanning Harper & Martinson aims to be available, prepared, and
proficient the moment our services are needed. Weare a firm that is small enough to provide
you with the personal service you deserve but large enough to ensure that a member of our team
is always prepared to assist you with whatever issue you are facing.
Fanning Harper & Martinson will provide legal services to the City of Colleyville on a
time-spent basis. Our municipal law team has five partners, three associate attorneys, one
paralegal, and three secretaries. In order to provide the City of Colleyville with the best value
for its money, we strive to assign tasks to individuals who are competent to do the required work
for the lowest price. This means that clerical work will always be done by secretaries at no
charge to the City and more involved tasks will be assigned to our paralegal. Our associate
attorneys usually prepare initial drafts of legal documents and handle less complicated legal
issues, which insures that the City gets the lowest attorney rate possible.
While we will strive to ensure that we do not have individuals doing work that a less
expensive team member can accomplish, Mr. Brandt, the head of the municipal section, will
always handle the City of Colleyville's business personally if his services are specifically
requested or needed. The City of Colleyville will be a valuable client that will gamer the
attention it deserves. Each member of our team is always ready to do whatever is necessary to
provide you with the answer you need at the time you need it.
VII.
ASSIGNED PERSONNEL
The municipal law team consists of attorneys Thomas Brandt, Stephen Henninger, John
9
Roehm, Mark Dyer, Nellie Hooper, Robert Fugate, Amanda Bigbee, Joshua Skinner, and
paralegal Sara Goode.
Thomas Brandt serves as head of the local government and employment law section of
Fanning Harper & Martinson. Mr. Brandt's practice includes representation of cities, counties,
school districts, public officials and private sector clients in the areas of civil rights and
employment law. Stephen Henninger has carved out a specialty in the areas of personal injury,
civil rights, First Amendment issues, Fair Housing, and ADA. John Roehm's practice focuses on
school law, municipal law and ad valorem tax matters in state and federal court. Nellie Hooper's
practice focuses on employment litigation, local government defense, and appellate advocacy.
Amanda Bigbee primarily practices in the areas of municipal law and school law. Joshua
Skinner rounds out the municipal law team with a practice focused on school litigation,
employment litigation, and local government defense.
Tom Brandt, Stephen Henninger, and John Roehm all have experience in municipal court
prosecution services. Tom Brandt prosecuted municipal court violations for the City of Dallas
from 1985-1986. Stephen Henninger prosecuted municipal court violations for the City of
Dallas from 1992-1993. John Roehm has represented municipalities for over twelve years and
has done numerous municipal court prosecutions.
Mark J. Dyer serves on the City of Irving Planning and Zoning Committee and is able to
provide expertise in this area as the need arises. Leslie E. Pitts is available to provide insurance
coverage analysis. Finally, Robert Fugate specializes in appellate work and often offers his
expertise during municipal case appeals.
All attorneys at Fanning Harper & Martinson have earned Juris Doctorate degrees and
graduated from a law school accredited by the American Bar Association. Each of our attorneys
are members in good standing of the Texas State Bar Association.
VIII.
MUNICIPAL CLIENT LIST AND REFERENCES
1. Jay Doegey
City Attorney
City of Arlington
P.O. Box 231
Arlington, Texas 76004
(817) 459-6878
2. Frank Waite
Assistant City Attorney
City of Arlington
PO Box 231
Arlington, Texas 76004
(817) 459-6878
10
3. Ivan Bland
Assistant City Attorney
City of Arlington
PO Box 231
Arlington, Texas 76004
(817) 459-6878
4. Kathleen Weiskopf
Assistant City Attorney
City of Arlington
PO Box 231
Arlington, Texas 76004
(817) 459-6878
5. David Kunkle
Chief of Police
City of Dallas
1400 South Lamar
Dallas, Texas 75215
(214) 670-7470
6. Sheriff Don Anderson
Sheriff of Hunt County
2700 Johnson Street
Greenville, Texas 75401
(903) 455-3502
7. Robert Young
Dallas County Community College District (DCCCD)
Legal Department
Chancellor's Office
701 Elm Street
Dallas, Texas 75202-3299
(214) 860-2470
8. Randy Stout
General Counsel, Denton ISD
Hayes, Coffey & Berry, PC
171 0 Westminster
Denton, Texas 76205
Metro (972) 434-3899
11
IX.
TRANSITION COORDINATION
While we recognize that changing legal counsel is always difficult, we will endeavor to
make this transition as easy as possible. The key to an efficient change in counsel is familiarity
and communication. Fanning Harper & Martinson is familiar with the legal issues facing
municipalities. This familiarity will ease the transition because the legal issues facing the City of
Colleyville are not new to us. It is challenging enough to adapt to new people and new habits, so
a familiarity with the legal issues is absolutely necessary. This familiarity will enable us to pick
up with legal services immediately.
Another vital element to a smooth transition is communication. Open communications
with the City Counsel, and the City employees is essential. In order to provide the best service
possible to the City of Colleyville, we will need to hear from the individuals who need the legal
service. We can provide the best answer to your question if each member of the City of
Colleyville team feels comfortable with asking questions, seeking advice, and communicating
concerns and desires with us. We strive to make you feel comfortable with seeking our help at
any time, and always being available to provide that help.
X.
FEE STRUCTURE
ATTORNEY
RATES (ver hour)
Partners.......................................................................................................... .$150
Associates ....................................................................................................... $13 5
Paralegals.........................................................................................................$ 75
XI.
CONFLICT OF INTEREST STATEMENT
Fanning Harper & Martinson, while serving as the City Attorney for the City of
Colleyville, will not undertake any representation of any person or entity in any matter adverse to
the City of Colleyville.
Fanning Harper & Martinson does not currently represent any real estate development
interest or company either currently or anticipating conducting business with the City of
Colleyville.
12
Fanning Harper & Martinson has represented the City of Arlington since 1992 on a
number of legal matters, including consultations regarding the drafting of ordinances as well as
numerous litigation matters.
Fanning Harper & Martinson is currently representing the following public entities in
Tarrant County: the City of Arlington; Eagle Mountain-Saginaw ISD; Arlington ISD; and the
City of Crowley.
13
l1li.&11'
FaI).ning Harper" & Martinson
CITY PUTS FAITH IN THOMAS BRANDT
OF FANNING HARPER & MARTINSON .
.'--
Who do you turn to when the very people you trust to honor and
. uphold the law are accused of wrong doing?
That's the qu.estion that one City Manager in themetroplex had to as"k
himself last spring when he first received allegations of wrongdoing
within his City's Police Department.' . ,
The allegations, made by the president of one of the City's Police
Associations, included such infractions a~ theft of city time,.
. favoritism, cQver-ups, ignoring reports of sexual miscond~ct and
inadequate Internal Affairs investigations.
For this partIcular City Manager, the answer was clear. For the second time in five years
Tom Brandt, of Fanning Harper & Martinson, P.C. was asked to.conduct'an independent
investigation for the City.
As lead investigator, Mr. Brandt worked with the City Auditor and the City's Attorney office
to conduct a complete and thorough review of the facts.
The City Manager said the outside investigation was necessary because' of the "broad and
sweeping" allegations made against the Police nepartment. He trusted that Mr. Brandt
possessed the integrity, €ompetenc'e and experience to complete the investigation in a timely
and thorough manner.
-
Fanning Harper & Martir;son, pc. Attorneys and Counselors
Two Energy Square, 4849 'GreenviIle Avenue , ,Suite 1300 , Dallas, Texas 75206 . P 214,3{;g,1300 F 214.987.9649
-
--
DallasNews.rom
; ,
Qt JlalluJltqiq,.
Page 4B Thesday, August 17, 2004 II
"'-.....
METRO
Investigation finds that jailer
abused time sheets
Arlington police chief .
cleared on allegation of
sexual misconduct
By JEFF MOSIER
Fort Worth Bureau
ARLINGTON - An investi-
gation of the Arlington Police De-
partment concluded that a civil-
ian jail employee was paid for
time he didn't work and that he
falsified time sheets to cover up
the wrlmgdoing.
Also, supervisors and internal
affairs failed to adequately inves-
tigate the allegations against Ron
Cole when they were first raised
but did not participate in a cover-
up. according to the report.
The investigation, conducted
by the Dallas law firm of Fanning
Harper & Martinson, cleared Po-
lice Chief Theron Bowman of
blame for the time-sheet prob-
lems and found no truth to alle-
gations of sexual misconduct
made against the chief by the
president of the Arlington Mu-
nicipal Patrolman's Association.
"The incident involving the
jail was handled poorly by inter-
nal affairs and by the chain of
command," Chief Bowman said
Monday after the report was re-
leased.
He said his investigation of the
jail should be completed in a few
days. One Police Department em-
ployee has been served with a dis-
ciplinary notice, but the chief
would not say whether that was
Mr. Cole or someone else. Mr.
Cole could not be reached for
comment.
. Chief Bowman said the report
has persuaded him to change the
department's command struc-
ture so that internal affairs will
report directly to him instead of
an assistant chief. He said he was
concerned that internal affairs of-
ficers didn't feel like they were
empowered to dig deeply enough
in this case.
In response to the allegations
of sexual impropriety against
Chief Bowman, City Manager
Chuck Kiefer said: "The personal
attacks on the police chief were
found to be reckless and without
merit. "
The allegations were made in
an April 3 e-mail that Officer
Frank Smith, president of the Ar-
lington Municipal Patrolman's
Association, sent to Mr. Kiefer.
That letter was divided by the law. '-
firm into 11 specific accusations,
eight of which were found to have
no merit. The three that were up-
held all related to Mr. Cole's con-
duct.
Officer Smith's e-mail was
sent about a week after two for-
mer jailers were arrested and
charged with the sexual assault of
a female inmate. Police said that
Aaron Mechell had sex with the
woman in her jail cell while Israel
Mr. Kiefer said the outside in-
vestigation, which cost the city
$36,000, was necessary because
of the "broad and sweeping" accu-
sations.
which was formed about a year
ago as an affiliate of the Fraternal
Order of Police. The founders,
some officers say, had become
frustrated by the perceived inac-
tion of the city's main police
group, the Arlington Police Asso-
ciation, and decided to strike out
on their own. It's unclear how
many members the group has.
Staffwriter Jason Trahan con-
tributed to this report.
E-mailjmosier@dallasnews.com
Mouton was the lookout.
Mr. Mechell was fired, and Mr.
Mouton resigned. Both have been
indicted on sexual assault charg-
es by a Tarrant County grand jury.
Officer Smith could not be
reached for comment Monday.
While three of Officer Smith's
allegations regarding Mr. Cole's
alleged misuse of comp time were
upheld by the report, Officer
Smith also was chastised for
some of his other accusations.
"Officer Smith should have ex-
ercised greater diligence in
checking the facts before filing a
complaint," the report said. "This
allegation has been made irre-
sponsibly as it is based only on in-
nuendo and not on fact."
"It's unfortunate that anyone
would personally attack anyone
else for whatever motivation,"
Chief Bowman said.
Chief Bowman said he knows
little about the Arlington Munici-
pal Patrolman's Association,
,JCU.U;:f,~"~~"J --...... AUy......U6~V...
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"
~
posted on Tue, Aug. 17,2004
Jailer faces penalty after investigation
By Anthony Spangler
Star-Telegram Staff Writer
ARLINGTON - A four-month investigation of allegations of misconduct by Arlington jail employees and an alleged cover-
up by police commanders will result in the discipline of at least one employee, city officials announced Monday.
City Manager Chuck Kiefer said a Dallas law firm was hired to investigate a litany of allegations raised by the Arlington
Municipal Patrolman's Association, including the falsification of time cards, a culture of favoritism and inappropriate
actions by Police Chief Theron Bowman.
According to the 79-page report prepared by lawyer Thomas P. Brandt, one jail employee apparently stole hundreds of
hours from the city by manipulating compensatory time. The report also accuses that his supervisors "failed to properly
investigate the time sheet matter."
But the investigation found no merit to the other allegations, including claims against Bowman that it characterized as
"unfortunate personal attacks."
"The personal attacks on the chief's character were based on heresay and rumor and were reckless and irresponsible,"
Kiefer said at a news conference in City Hall.
Francis Smith, an Arlington police officer and president of the patrolman's association, sent the list of accusations to
Kiefer after two Arlington jailers were accused of sexually assaulting a female inmate March 28.
Smith suggested that a culture of recklessness had developed among some jail employees.
"If the initial time theft had been handled properly, the rape never would have happened," Smith wrote in an April 3 e-
mail to Kiefer. Smith could not be reached Monday to comment.
While Brandt's investigation supported the accusations of time card fraud, his report found no evidence that linked the
matter to the alleged March sexual assault in the jail.
A preliminary investigation by the Arlington Police Department's internal affairs unit had found no merit to the apparent
time card fraud and did not fault jail supervisors for improperly investigating the matter.
At the time, the deputy chief in charge of the jail also supervised the internal affairs unit.
Bowman, who said he was concerned that his internal affairs unit initially found no policy violation regarding the time
card fraud, has since taken over direct command of the unit.
"The incident involving the jail and jail management was handled poorly by internal affairs and the jail chain of
command," he said, ''The publiC and our employees deserve much better than that."
Bowman said he has notified one of those employees of pending discipline. But the chief could not release any additional
details about the matter or regarding how many other employees will be punished.
As a result of the March 28 incident, Aaron Mechell was fired from his jailer position. He admitted to police that he had
sex with a woman in the jail. A grand jury indicted Mechell on a charge of civil rights violation involving sex.
Another jailer, Israel Mouton, who police say acted as a lookout during the alleged assault, resigned after his arrest. He
also has been indicted on a charge of civil rights violation.
http://www.dfw.comlrnld/dfw/newsllocal/states/texas/arlington/9421641.htm?ternplate=co... 8/17/2004
... ""6- - -- -
,)'ailer faCCS penalty after investigation
I
On MaY 10, Bowman transferred the jail commander, a lieutenant, to another position in the patrol division and replaced
him with another lieutenant.
"There IS always the potential for more problems to evolve, but I think this series of problems Is behind us,. Bowman
said.
Anthony spangler, (817) 548-5412 aspangler@star-telegram.com
----
{; ~o().t Stlll'- T ~lcl!f3m :DId wife SL"I'Viu sources. All Rights Rc:sc1'\'ed
hllJl:!I_w,drw,com
httn:IIWWW.dfw.com/mldldfw/newsilocallstatesltexasiarlingtonl9421641.htm ?template~co... 8/1712004
PROPOSAL FOR CITY ATTORNEY SERVICES
CITY OF COLLEYVILLE
I.
STATEMENT OF QUALIFICATIONS
The Cribbs & McFarland Law Firm was formed in 1970, and has operated under its current
name for the past 24 years. The law firm consists of three attorneys with over 100 years of
combined municipal law experience among them. Mr. James Cribbs has represented the City of
Euless since before 1960, and drew its Home Rule Charter in 1963. Mr. McFarland assumed
primary city attorney duties for the City ofEuless in 1974, and has a total of34 years of municipal
law experience. Mr. Wieneskie has over 21 years of municipal law experience, representing the
cities of Euless and Richland Hills. All the attorneys are partners in the firm of Cribbs &
McFarland, P.C. The firm currently has five support personnel.
II.
FIRM RESOURCES
,'-
The firm's principal offices are located at 1000 W. Abram Street, Arlington, Texas, and the
firm has practiced in that location for approximately 25 years. The firm maintains an extensive law
library in both hardbound and electronic form, and has ample law office and conference room
facilities. The office equipment maintained by the firm allows for efficient word processing and
communication by fax, e-mail, telephone and cell phone. We have a full time receptionist so that
clients telephoning our offices always get a "live person".
III.
MUNICIPAL LITIGATION EXPERIENCE
Cribbs & McFarland attorneys have handled all types oflitigation involving municipalities,
including eminent domain actions, suits and administrative proceedings seeking compliance with
City codes and defense of the City and its elected and appointed officials. Weare currently involved
in representing the City ofEuless in various appeals from actions of its Zoning B10ard of Adjustment
and in defending constitutional "Takings" claims arising out of that same fact situation. Mr.
Wieneskie is also board certified in civil appellate law by the Texas State Board of Legal
Specialization, and has assisted in representing the city in various appellate matters, including the
series of lawsuits with American Airlines, Delta Airlines and the cities of Dallas and F ort Worth
surrounding the proposed expansion of runways at the DFW International Airport.
IV.
SERVICE PHILOSOPHY
Lawyers are professional service providers, Our primary goal is to provide the legal services
our clients need in a timely, efficient and professional manner. In order to accomplish this, we must
remain knowledgeable in the areas of law affecting our clients, accessible to clients at the times
when the clients need our services, and responsive, furnishing advice, opinions and legal documents
within the time frames specified or agreed. In addition, we strive to be sensitive to the needs of each
individual client, understanding that each municipality has its own unique set of goals, programs and
problems to be solved.
Clear and effective communication is one of the most important factors in providing this
level of service. We try to focus on the end result the client wishes to achieve before addressing the
process necessary to get there. We ask questions, review background documents and discuss with
our clients all aspects of any given situation before embarking on the project. We believe that
working together with our clients is the best and most efficient way to accomplish the client's
objectives.
Although many matters are routine and can be programmed and scheduled in advance, we
recognize that municipal clients, in particular, experience emergency situations from time to time
which require an immediate response. Because ofthe depth of municipal law experience shared by
all Cribbs & McFarland attorneys, we are prepared to assist with crisis situations when called upon.
We have learned that developing solid relationships with city council members, city officials
and staff is essential. We have enjoyed good working relationships with current and former officials
and staff members at our current and former governmental clients. We want our clients to feel
comfortable communicating with us and working with us. We understand that working together
with our clients is the most efficient way of achieving the client's objectives.
V.
METHOD OF SERVICE
We always strive to provide legal services to our governmental clients in the most efficient
and cost effective manner possible. Modem communications technologies such as e-mails, cell
phones and faxes enable us to provide a high level of service to the City from our Arlington offices;
however, we would also remain available to meet with the City Council, City Management, or staff
at regular or special meetings, staff meetings and on special projects. If regular or recurring
meetings with City Management or City Staff are desired, these can be scheduled and
accommodated. We require very little clerical support at the City, since we maintain a staff of
professional support personnel in our offices. We would suggest that City Staff continue to prepare
routine ordinances, resolutions, and contract documents which they have been accustomed to
preparing in the past, and to submit these to the City Attorney's office for review and possible
revision. For more unique or substantial ordinances, resolutions, and contracts, we propose that
these documents be prepared by our law firm. In between these two extremes, we would work with
City Staff in jointly preparing other documents which can be electronically transmitted between our
offices and City Hall. It will not be necessary to provide legal secretarial support at City Hall.
Our primary role in representing municipal clients is to assist City policy makers, appointed
officials and staff in achieving their lawful objectives. We see ourselves as deal makers and problem
solvers. Important policy decisions are made by the city's elected officials; day to day policy matters
are determined by city management. Once those policy decisions have been made, our role is to
assist city officials in implementing those policies. City attorneys do not ordinarily participate in
policy making unless called upon to answer a legal question in connection therewith.
VI.
ASSIGNED PERSONNEL
Cribbs & McFarland, P.C., proposes that Mr. Paul Wieneskie be designated the primary
attorney for all services. Both James Cribbs and Bob McFarland will be available to support Mr.
Wieneskie if needed. Mr. Cribbs drafted the original Charter for the City of Euless, and has over
forty-five years of municipal experience. Former Senator Bob McFarland has been the principal
City Attorney for Euless since 1974, and brings a wealth of municipal and legislative experience to
the firm. Even in the absence of the primary attorney, our municipal clients can always obtain the
advice of an experienced municipal attorney when the need arises.
A. Mr. Wieneskie has over twenty-one years of extensive and varied municipal law
experience. He has assisted in a wide variety of municipal law matters for the City of Euless since
joining the firm in 1983, and served as the principal city attorney for the City of Richland Hills,
Texas, from 1987 through 1998.
B. He has worked closely with client cities on annexation/de-annexation matters, and
on economic development issues, including the formation and operation of economic development
(4B) corporations, tax increment financing districts and reinvestment zones, drainage utility districts,
tax abatements, Chapter 380 agreements and related matters. He has also formed and assisted in
maintaining the City's Crime Control and Prevention District.
C. Due to the nature of his practice, Mr. Wieneskie has placed special emphasis on land
use, planning, zoning and development matters. In this regard, he has worked closely with both the
Cities ofEuless and Richland Hills in those cities' development of new and updated comprehensive
plans and in complete rewrites of zoning and subdivision ordinances in both cities. In this regard,
Mr. Wieneskie participated in the planning and implementation of the "Z- Team" effort in the City
of Euless, a city-initiated rezoning of seven hundred seventy-seven (777) individual parcels,
contained in sixty-five (65) zoning cases, accomplished within a period ofthree to four months with
no resulting litigation. This effort brought existing zoning in line with the City's new
Comprehensive Plan, enabling the City to guide new development in the direqtion desired by the
City Council.
D. Mr. Wieneskie has also worked closely with the building inspection and code
enforcement personnel in client cities to improve code enforcement and ordinances, and is regularly
involved in the adoption and amendment of updated uniform codes for the cities. He has assisted
the City ofEuless in development and implementation of its Minimum Housing Code ( a Residential
Property Maintenance Code applicable primarily to rental properties), and has advised officials in
both Euless and Richland Hills in connection with the demolition of both residential and commercial
properties under the provisions of the Uniform Code for demolition of dangerous buildings.
E. Mr. Wieneskie handles most open records requests requiring attorney attention or
submission to the Texas Attorney General, averaging one per week for the City ofEuless. He has
also participated in two comprehensive revisions of the City of Euless Civil Service Rules and
Regulations, and has attended and advised the Commission at its hearings over the past ten or more
years.
F. Mr. Wieneskie has extensive experience in drafting and revising proposed ordinances
and resolutions for city council action, and has assisted both Euless and Richland Hills in complete
recodification of their municipal codes of ordinances. He also revises and approves ordinances and
resolutions prepared by city staff members in routine or recurring matters.
G. Mr. Wieneskie has broad experience in drafting and revising all types of city
contracts, including public works contracts, service contracts and contracts for construction of
substantial public buildings and improvements. In this connection, he worked closely with Euless
staff and administration members on all contracts in connection with the design and construction of
the golf course at Texas Star and its associated conference center and support facilities.
H. In addition to his municipal client representation, Mr. Wieneskie is board certified
in civil appellate law by the Texas Board of Legal Specialization. He devotes a substantial portion
of his practice to civil appellate matters, although this work load varies considerably based on the
number of active cases and the stage in the appellate process of each individual case. Mr.
Wieneskie's track record in the appellate courts has been good. The remainder of Mr. Wieneskie's
time is devoted to a general civil practice, representing individuals and businesses in estate, probate,
corporate and general business matters.
I. Mr. Wieneskie is a native Texan. He received his Bachelor of Arts degree from
Baylor University in 1980, and his Juris Doctor degree from Baylor University School of Law in
1982. From September 1982 through August, 1983, Mr. Wieneskie served as briefing attorney for
Justice Connally McKay on the Court of Appeals, 12th Supreme Judicial District, at Tyler, Texas.
Upon expiration of this one-year term, Mr. Wieneskie joined the law firm of Cribbs & McFarland,
P.C. in Arlington, Texas, as an associate. He became a partner/shareholder in the firm in 1988. He
is a member and past president (1993) of the Arlington Bar Association, and a member of the
Tarrant County Bar Association and the State Bar of Texas. He is licensed to practice in all Texas
state courts, the 5th U.S. Circuit Court of Appeals and the United States Supreme Court.
J. Mr. Wieneskie is a member ofthe Texas City Attorneys Association and for the past
decade has attended the two-day Municipal Law Seminar conducted by the TCAA in June of each
I
year. As mentioned above, Mr. Wieneskie is board certified in civil appellate law by the Texas
Board of Legal Specialization, and has for over a decade attended the Annual Advanced Civil
Appellate Practice course sponsored by the State Bar of Texas in September of each year. In past
few years Mr. Wieneskie's municipal practice has focused extensively on land use, planning,
development and code enforcement issues in the firm's client cities.
K. Mr. Wieneskie has provided prosecutor services to both the City of Euless (since
1983) and the City of Richland Hills (1987-1998). Mr. Wieneskie and Mr. Cribbs are available to
provide prosecutor services.
VII.
MUNICIPAL CLIENTS AND REFERENCES
Cribbs & McFarland currently represents the CityofEuless, Texas, as contract city attorneys,
with Bob McFarland being the principal attorney for the City ofEuless, and with James Cribbs and
Paul Wieneskie providing legal services in Mr. McFarland's absence. The firm has represented the
City of Euless for over forty-five years.
J ames Cribbs is presently the primary attorney representing the Arlington Housing Authority,
provides real estate advice and counsel for the City of Arlington Neighborhood Services Department
and the City of Arlington Small Business Revolving Loan Program. Mr. Wieneskie provides
substitute attorney services for these clients on the rare occasion of Mr. Cribbs' absences.
Bob McFarland provides legislative representation for the Cities of Arlington, Grand Prairie,
and Euless.
Briefresumes of Messrs. Cribbs, McFarland and Wieneskie are attached.
We encourage you to contact any ofthe following listed individuals with whom we have been
privileged to serve over the years as a result of our municipal representation:
Joe Hennig, City Manager
City of Euless, Texas
817-685-1820
The Honorable Mary Lib Saleh
Mayor, City of Euless, Texas
817-685-1419
Bo Bass, Deputy City Manager
City of North Richland Hills
817-427-6009
Ms. Nelda Stroder
Mayor, City of Richland Hills, Texas
817-284-7851
Tom Hart, City Manager
City of Grand Prairie, Texas
972-237-8010
Gary McKamie, Deputy City Manager
City of Euless, Texas
817-685-1818
Charlie Miller, Council Member
City of Euless, Texas
214-691-5721
James W. Quin, City Manager
City of Richland Hills
817-299-1400
Trey Yelverton
Arlington, Acting Deputy City Manager
817-459-6254
Kay Godbey, Former City Manager
City of Burleson
817-370-2955
Richard Greene
Mayor of Arlington 1987-1997
214-665-2100
VIII.
TRANSITION COORDINATION
Good communication is the most important factor. We would propose to work as closely as
possible with the City's current legal counsel, and will spend whatever time is necessary to become
acquainted with the ongoing legal matters of the City, as well as the general legal requirements of
the City ofColleyville. We would suggest a substantial, initial meeting with the City's current legal
counsel to conduct these discussions, and as many followup meetings or telephone conversations as
are necessary to provide for a smooth and efficient transition oflegal services. The transition should
proceed at a pace which allows for an orderly and complete transfer of documents, background
knowledge and responsibility, so that the City experiences no disruption in its day-to-day activities.
IX.
CHARGES AND FEES
We believe a simple, hourly billing system provides the most straightforward and fair method
of providing fees for legal services. Hourly rates allow the City and the attorney maximum
flexibility, and also allow the City to more closely track the charges and fees attributable to any
specific project or department. Attorney time is billed in one-quarter hour increments.
We propose an hourly billing rate of$160.00 per hour for general legal services to the City,
including office time, ordinance and contract drafting and attendance at any required meetings.
Litigation and appellate work would be billed at $175.00 per hour.
City prosecutor services would be provided at $150.00 per hour, with the exception of
appellate work in connection with appeals from the Colleyville Municipal Court, which would be
I
billed at $175.00 per hour.
X.
CONFLICT OF INTEREST STATEMENT
Cribbs & McFarland, P.C. agrees that, while serving as city attorneys for the City of
Colleyville, not to undertake any representation of any person or entity in any matter adverse to the
city. We have for almost half a century represented the City of Euless, which adjoins the City of
Colleyville. We do not currently represent any real estate development interest or company either
currently or anticipating conducting business with the City.
CRIBBS & McFARLAND, P.C.
Firm Resume
The law firm of Cribbs & McFarland, P.C. was formed in 1970 and maintains offices in the
cities of Arlington and Austin, Texas, with its principal offices being situated at 1000 West Abram
Street, Arlington, Texas.
The firm is comprised ofthree attorneys and engages in the general practice of civil law with
particular emphasis in the areas of real estate loan documentation, commercial real estate law,
corporate, governmental, insurance, transactional law, estate planning, probate and trust law.
Transactiona11aw is assisting both corporate and individual business owners in the sale and purchase
oflega1 entities and business assets with consideration given to the tax consequences. The firm has
drawn real estate and asset loan documentation for banks and institutional venders for in excess of
two decades.
The firm maintains a litigation and appellate docket before both state and federal courts. All
attorneys are qualified trial attorneys admitted to practice before state and federal courts, including
the Texas Supreme Court.
The firm and its principal partners maintain an A V (the highest available) rating awarded by
Martindale-Hubbell law directory.
Cribbs & McFarland Attorneys
James A. Cribbs
Born Arlington, Texas, October 26, 1932; admitted to bar, 1955, Texas; also admitted to
practice before US. Supreme Court and US. District Court, Northern District of Texas. Preparatory
education, Arlington State College (B.RA., 1960); legal education, Southern Methodist University
(LL.B., 1955). City Attorney, Euless, 1960-74. Member: Arlington (President, 1963), Tarrant
County and American Bar Associations; State Bar of Texas; Texas Bar Founddtion.
Bob McFarland
Born Oskaloosa, Iowa, June 12, 1941; admitted to bar, 1966, Texas; also admitted to practice
before US. District Courts, Northern and Western Districts of Texas. Preparatory education,
University of Texas at Arlington (RRA., 1963); legal education, Southern Methodist University
Cribbs & McFarland Firm Resume - Updated 2/24/2004
Page 1
(J.D., 1966). Fraternity: Phi Delta Phi. Special Agent, Federal Bureau of Investigation, 1965-68.
City Attorney, Euless, 1974-. State House of Representatives, 1976-83. State Senate, 1983-91.
Member: Arlington (Secretary-Treasurer, 1971-72; President-Elect, 1972-73; President, 1973-74;
Director, 1974), Tarrant County and American Bar Associations; State Bar of Texas; Texas Bar
Foundation. In addition to his thirty-five years of municipal experience, Mr. McFarland focuses his
practice in the areas of banking, corporate, real estate, government and municipal law, and, in
addition, represents several Metroplex municipalities before the Texas Legislature.
Paul F. Wieneskie
Born Commerce, Texas, October 17,1956; admitted to bar, 1982, Texas; also admitted to
practice before U.S. Supreme Court; U.S. Court of Appeals, Fifth Circuit. Preparatory and legal
education, Baylor University (B.A., 1980; J.D., 1982). Board Certified, Civil Appellate Law, Texas
Board of Legal Specialization. Briefing Attorney for Hon. Connally McKay, Court of Appeals, 12th
Supreme Judicial District at Tyler, 1982-83. Member: Arlington (Director, 1989-92;
President-Elect, 1992-93; President, 1993-94), and Tarrant County (Appellate Section) Bar
Associations; State Bar of Texas (Appellate Practice and Advocacy Section); Texas Bar Foundation.
Mr. Wieneskie focuses his practice in appellate, municipal, land use, zoning and probate law.
Representative Clients
Bank One Mid-Cities; SouthTrust Bank Arlington; Mercantile Bank Arlington; Medical
Technology, Inc.; Arlington Housing Authority; City of Arlington Neighborhood Services
Department; Arlington Small Business Revolving Loan Program; City of Euless; American Title
Insurance.
G:\Docs\C&MlMunicipal\Colleyville\Finn Reswne. wpd
Cribbs & McFarland Firm Resume - Updated 2/24/2004
Page 2
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Peter G. Smith
Direct (214) 665.3365
E-mail: psmith@njdhs.com
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Thxas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com
ROBERT L DILLARD, JR, (1913-2000)
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
January 13, 2005
Via Hand Delivery
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Proposal for Legal Services
Ladies and Gentlemen:
Please find enclosed an original and fifteen (15) copies of a Proposal for Legal Services
in response to your request dated December 17, 2004. We appreciate your consideration of our
proposal and look forward to hearing from you.
If you have any questions regarding this matter or if we may provide additional
information, please feel free to contact us at your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
G~.);j ~
By:
Peter G. Smith
/cdb
Enc!.
PROPOSAL FOR THE
LEGAL REPRESENTATION OF THE
CITY OF COLLEYVILLE, TEXAS
SUBMITTED BY:
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
ATTORNEYS & COUNSELORS AT LAW
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Telephone (214) 965-9900
Facsimile (214) 965-0010
E-Mail: njdhs@njdhs.com
url: http://www.njdhs.com
"It has been our experience that the lengthy exposure and involvement of the firm
in representing political entities enables us to quickly respond to problems that
might seem difficult to attorneys less experienced in this area of law. "
- 1 -
70672
I. STATEMENT OF QUALIFICATIONS
A. FIRM OVERVIEW AND HISTORY
The law firm of NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. is a Dallas based,
full service, Texas limited liability partnership dedicated exclusively to municipal law. Founded
in 1895, the A V-rated! firm is one of Texas' oldest and most respected law firms. The Firm has
been located at 1800 Lincoln Plaza, 500 North Akard in the Arts District of downtown Dallas,
Texas since 1984. Prior to 1984 the Firm was located for thirty (30) years at Suite 1200 of the
then Republic Bank Building in downtown Dallas, Texas. Prior to that the Firm was located in
the Magnolia Oil Building in downtown Dallas, Texas. Among its most well known and
respected former and current partners, the Firm has included a former Mayor of Dallas and
Presidents of the Dallas Bar Association.
The Firm has enjoyed over 100 years of continuous existence. The Firm has had a few
name changes due to the retirement and death of Firm members. The Firm has been known as
Nichols, Jackson, Dillard, Hager & Smith LLP since 1993. In 1993 The Firm name was changed
from Nichols, Jackson, Kirk & Dillard to the current Firm name to add Messrs. Hager and Smith
to the Firm name after Mr. Kirk retired from the Firm. From 1991 until 1993 the Firm was
known as Sallinger, Nichols, Jackson, Kirk & Dillard. The Firm name was changed in 1993
because of the retirement of Mr. Sallinger. Prior to that the Firm was known for over as Saner,
Jack, Sallinger & Nichols.
B. FIRM ORGANIZATION AND PROFILE
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. is currently composed of thirteen
(13) attorneys, five (5) partners and seven (6) associates, two (2) of counsel and seven (7)
dedicated support staff, including a former city finance director. These thirteen (13) attorneys
include one Hispanic, one African American and three (3) are women. Appendix A, attached
hereto for your convenience, provides a summary of each attorney, their experience, education,
licenses, and professional memberships. All attorneys are actively engaged in providing services
to the Firm' municipal and public sector clients.
C. AREASOFEXPERT~E
With over fifty years of service as contract City Attorneys, members of the Firm
have extensive experience and are extremely knowledgeable in all aspects of the law
applicable to City of Colleyville, including but not limited to:
1 An A V rating is the highest rating awarded by the Martindale-Hubbell Legal Directory and is based on evaluations
and surveys of peers within the legal community. The "A" rating assesses legal ability from "very high" to
"preeminent". The "V" rating represents a general recommendation of "very high".
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. Administrative Proceedings
. Municipal Ordinance Preparation and
. Annexation & Boundary Disputes Codification
. Appraisal & Taxation Disputes . Open Meetings Act
. Competitive Bidding, Contracting & . Police Legal Advisor
Leasing
.. Police Law Enforcement Liability
. Building & Construction Contract
Disputes . Public Finance and Bonds
. City Charter Adoption and Amendments . Public Information Act
and Related Elections
. Public Official Liability
. Civil Rights
. Public Procurement
. Civil Service (both state and local civil
service programs) . Public Works and Utility Regulatory
Matters
. Code Enforcement
. Tax Abatements
. Council, Board & Commission Meetings
. Tax Collection
. Economic Development
. Tax Increment Financing
. Election Law and Department of Justice
Matters . Tort Claims & Risk Management
. Eminent Domain, Condemnation & . TrafficlHighway Design & Maintenance
Right-of-Way
. Worker's Compensation
. Employment Law and Human Resources
. Environmental Matters
· Interlocal Contracts
. Land Use & Zoning
· Liability Insurance & Self Insurance
. Litigation
· Municipal Court Prosecution
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ADVANTAGES OF NICHOLS, JACKSON, DILLARD, HAGER & SMITH
. One hundred years of continuous existence;
. Over fifty years of municipal experience;
. Full-service multi-talented attorneys;
. Computer capabilities involving scanners, CD burners and multi-media;
· Constant access and availability with attorneys by means of pagers, cell phones,
notebook computers, etc.;
· Recognized and respected by the legal community;
. Sufficient assets to handle any matter;
. Continuity and consistency;
. Less expensive;
. Objectivity and independence;
· Variety of personalities, experience, ages, diversity of personnel;
· Flexible to meet the style of management and the philosophy of the Council and
Management;
. A V rated firm;
· TML Intergovernmental Risk Pool approved counsel;
· Members of the Texas City Attorney Association (TCAA), Texas Municipal League
(TML), The Center for American and International Law (formerly, Southwestern
Legal Foundation); and
· Frequent lecturers for North Central Texas Council of Governments, TML, TCAA,
The Center for American and International Law, the Texas Municipal Courts
Education Center, Texas Society of Real Estate Economists, the State Bar of Texas,
Texas A&M University, the University of Texas School of Law, the Texas
Association of Assessing Officers, the Texas Association of Appraisal Districts, CLE
International and other organizations.
· Members of the Texas Municipal Human Resources Association (TMRHA).
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II. FIRM RESOURCES
Since 1984, NICHOLS, JACKSON, DILLARD, HAGER & SMITH L.L.Phas been located at
1800 Lincoln Plaza, 500 North Akard in the Arts District of downtown Dallas, Texas. The Firm
has an extensive hardcopy library of over 3,000 volumes to include Southwest Reporter, Federal
Report, relevant digests, American Law Reports, Corpus Juris Secundum, municipal treatises,
local municipal codes and trade codes, as well as the Texas Vernon's Annotated Statutes. In
addition, the Firm maintains an extensive electronic library through Westlaw, which includes all
published volumes for the United States Federal System and the various states.
More importantly, the firm has an extensive municipal collection of municipal codes,
McQuillin on municipal governments, treaties, and volumes of building, fire and other applicable
codes special to municipal issues, as well as specialized volumes dealing with civil rights, human
resources and planning and zoning.
The Firm has advanced technology capabilities including CD burners, multi-media, and
scanners capabilities. Lawyers maintain notebook computers, cellular phones and pagers for
access and communication wherever and whenever our location. The Firm will provide all
telephone, cellular and pager numbers, and email information for all lawyers in the Firm through
a firm directory.
III. MUNICIPAL LITIGATION EXPERIENCE
Lawsuits against or on behalf of municipalities can involve very specialized and complex
issues. From personal injury to employment discrimination litigation, the attorneys at NICHOLS,
JACKSON, DILLARD, HAGER & SMITH, L.L.P. have the specialized expertise necessary to
successfully represent the City. The experienced attorneys of NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P. have confronted the types of cases and issues which will face the City.
Having over fifty years of municipal experience, our firm is singularly equipped to handle any
type of litigation involving the City. Our litigation experience includes cases in both state and
federal Courts with appeals argued to the Texas Supreme Court and the United States Supreme
Court.
Although our firm is not as large as other urban-based full service firms, our practice has
been streamlined to exclusively fit the needs of our municipal clients without the need of
additional attorneys, paralegals and support staff necessary for legal services unrelated to the
representation of cities and political subdivisions. As a result, our attorneys are seasoned
municipal attorneys with trial and appellate experience necessary for the representation of
today's cities, making NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. the premier
municipal law firm in the Dallas/Fort Worth metroplex.
Mr. Smith of the Firm is an approved liability defense counsel for the Texas Municipal
League Intergovernmental Risk Pool. Mr. Smith actively represents cities and the public
officials in litigation in all aspects of the law from employment matters to land use and
"takings". Other members of the Firm provide litigation services for municipal and public
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clients through various insurance carriers. Some of the Firm clients are self-insured and the Firm
has provided liability defense counsel for the cities, its officers and employees, in zoning,
employment matters, civil rights, public official liability and tort claims.
The Firm prides itself in its proactive representation of its public sector clients to ensure
that the cities, for which the Firm serves as City Attorney, avoid litigation. In that regard you
will find that there is very little litigation and very few reported cases involving our client cities.
Other law firms and attorneys are aggressive and sometimes litigious in their approach and
philosophy when serving as City Attorney, We will provide the candid advice and counsel
necessary to allow the City to make informed decisions and avoid costly litigation; and when
faced with litigation, jealously represent the City and its officials.
IV. SERVICE PHILOSOPHY
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. has distinguished itself as the
premier municipal law firm in the Dallas area by devoting virtually its entire practice to the
representation of cities and municipalities. NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
is uniquely qualified to offer specialized, personal and professional legal representation for the
municipal client regarding routine and complex municipal legal problems. By limiting their
practice, the lawyers of NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. concentrate their
undivided attention on exclusively municipal law matters. Therefore, the Firm is extremely
knowledgeable regarding the difficulties faced by municipalities and offers an entire range of
municipal services to better serve its clients in municipal legal matters.
What distinguishes NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P from other law
firms is .the Firm's 100 years of continuous existence, over 50 years of dedicated municipal and
public law service, candid objective advice without regard to politics, involvement in the
community, land use and economic development experience, and cost effective.
As a client, the City of Colleyville will receive personal attention as well as professional
expertise. At NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. our municipal clients are our
business. Communication and accessibility are vital to the Firm's philosophy because they allow
the Firm to know precisely the client's expectations and needs. The members of the Firm take
pride in their commitment to municipal law and to the clients the Firm is privileged to serve.
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. prides itself on its responsiveness
and accessibility to councils and staff. The attorneys will be available to the Mayor, Council,
City Manager, City Secretary and staff at all times and may be reached outside the office by
digital pager, cellular phone, or at home. The Firm will respond to an immediate request of the
City by having more than one person informed and aware of continuing activities of the City so
that if the primary attorneys are not available, others who are equally knowledgeable and current
on existing problem areas may immediately respond.
The Firm is ready and available to provide on site representation whenever and wherever
requested. Written communication between the Firm and the City will be via the U.S. Mail, e-
mail, facsimile transmission, or by courier services, if necessary. The Firm will ensure
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continuity and consistency of OpInIOnS and policies through constant coordination and
communication among firm members. Members of the Firm meet on a regular basis to discuss
client matters, as well as issues and problems applicable to all municipal clients. The Firm will
establish a policy and procedure for members of the Firm to follow in providing services to the
City of Colleyville. The Firm will work with the Mayor, Council, City Manager, City Secretary
and staff to develop the operating policy and procedure to insure that legal services are provided
on the basis required by the City.
The attorneys assigned to the City of Colleyville will be responsive and oriented to
provide rapid response to the City. The Firm will make accessibility a priority, and cooperation
and legal expertise a requirement. In addition to the attorneys' outstanding legal expertise and
years of experience, the Firm's attorneys are required to have excellent communication and
interpersonal skills essential to providing quality services to the City of Colleyville.
v. Method of Service
The primary attorney will be available 24/7/365 to the City Council, City Manager and
the staff, as will all Firm attorneys. The role of the Firm in serving the City is to provide
consistent candid legal advice without regard to the politics or to popularity. The only way an
attorney or law firm can enjoy the long-standing relationships (10-50+ years) and tenure that our
Firm has enjoyed is to be fair, honest, consistent, candid and unafraid to provide the tough advice
and counsel when necessary. We believe our role is to provide quality legal services on a cost
effective basis and to keep the City free of litigation rather than be silent or condone conduct that
leads to litigation. We are not interested in getting the Firm name in any case reporter. We are
dedicated public servants who enjoy the representation of municipalities.
The Firm is ready and available to provide on site representation whenever and wherever
requested. Written communication between the Firm and the City will be via the U.S. Mail, e-
mail, facsimile transmission, or by couner services, if necessary. The Firm will ensure
continuity and consistency of opinions and policies through constant coordination and
communication among firm members. Members of the Firm meet on a regular basis to discuss
client matters, as well as issues and problems applicable to all municipal clients, The Firm will
establish a policy and procedure for members of the Firm to follow in providing services to the
City of Colleyville. The Firm will work with the Mayor, Council, City Manager, City Secretary
and staff to develop the operating policy and procedure to insure that legal services are provided
on the basis required by the City.
The Firm will establish targets for responding to requests for legal services on any basis
established by the City. At present, the Firm responds to telephone calls on a same day basis,
and is available to meet any deadlines for on-site representation, or turnaround times required for
review of contracts, ordinances, resolutions and other documents.
The Firm will provide opinions, contracts, ordinances or other documents to the City via
U.S. mail, facsimile transmission, e-mail, or by courier, as required. The City attorney can
provide verbal instructions to the City staff and follow up with written confirmation to ensure
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that the City staff is properly advised. To enhance consistency, the Firm will designate attorneys
for specific areas of responsibility.
The Firm can train one or more staff persons to prepare routine ordinances, resolutions
and contracts to be reviewed by the Firm. There must be consistency in the preparation of such
documents; otherwise, too much time is spent on the review and correction of draft instruments
prepared by staff. It is, however, sometimes easier and faster, thus cheaper, for the Firm to
simply prepare the document.
The Firm will designate specific attorneys of the Firm to work directly with specific
departments and/or personnel such as human resources, police and/or fire departments (including
24/7 legal advisor to the police department), public works, code enforcement, finance, city
secretary, city manager or other departments and personnel.
For over fifty years, members of the Firm have attended city council, board and
commission meetings on a regular basis or as needed. Attorneys are available to attend regularly
scheduled or special called meetings of the City Council or other meetings as requested. The
Firm is knowledgeable of Robert's Rules of Order and all other procedures applicable to such
meetings.
Members of the Firm, have extensive knowledge and experience regarding public
information and open meetings issues. Since the inception of open government legislation, the
Firm has routinely advised City councils and City staff regarding requests for information under
the Public Information Act and issues relating to the Open Meetings Act. The Firm has
extensive experience in dealing with the Texas Attorney General's Office in these matters and
maintains an excellent relationship with that agency. The Firm has successfully litigated against
the Texas Attorney General concerning public information requests.
The Firm is well experienced in representing municipalities in legislative and
administrative hearings, both locally and in Austin, and therefore is well suited to represent
municipalities in such matters. The Firm's experience also includes practice before State
agencies. Members of the Firm can assist the City Council in legislative matters. Members of
the Firm have extensive experience in drafting state and local legislation, ordinance preparation
and codification.
Members of the Firm are extremely knowledgeable in election law, Department of Justice
clearance matters, public official liability and all aspects of municipal law related to the Council.
Members of the Firm routinely advise the City Secretary regarding election issues and
Department of Justice clearance matters. The Firm has handled election contest litigation,
charter adoption and amendments.
The Firm has extensive experience in tort claims and risk management and routinely
reviews claims submitted by its municipal clients. The Firm has the experience necessary to
review and investigate claims and respond immediately.
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The Firm has extensive experience in the negotiation of franchise agreements with all
public utilities, including Southwestern Bell Telephone, General Telephone and Electric, Texas
Utilities, Lone Star Gas, Denton County Electric Cooperative d/b/a CoServ and various Cable
Television providers.
The Firm also monitors developments in state and federal laws regarding zoning and
development issues to keep the Firm municipal clients abreast of changes in the law. Since
members of the Firm frequently lecture on zoning and land use issues including code
enforcement, NICHOLS, JACKSON, DILLARD, HAGER & SMITII, L.L.P. is the best firm to keep a
municipality informed on these issues,
NICHOLS, JACKSON, Dn..LARD, HAGER & SMITH, L.L.P. has extensive experience in
assisting zoning boards of adjustment and planning and zoning commissions. Members of the
Firm routinely attend zoning board of adjustment and planning and zoning commission
meetings, review their agendas and provide legal opinions on such matters. Although actual
attendance at all zoning board of adjustment and planning and zoning commission meetings is
not always required, members of the Firm are available to attend as necessary.
The Firm has extensive experience in the preparation, interpretation and enforcement of
zoning ordinances, sign ordinances, parking regulations, landscape requirements, apartment
inspection and minimum housing codes, junk and abandoned vehicles, sexually-oriented
business ordinances, trash and debris ordinances, nonconforming uses, annexation, platting and
site plan issues. The Firm is familiar with all professional promulgated building and trade codes
and maintains an extensive library of the same. The Firm also maintains an extensive ordinance
library and conducts continuing legal education focused on municipal issues networked with
TML staff.
The Firm has the necessary experience and knowledge to serve as legal advisor to the
police department and assist the police department in employment and civil service matters.
Members of the Firm have extensive litigation experience in police liability issues. Members of
the Firm routinely serve as legal advisors to police departments for firm clients. The practice of
the Firm is to assign one or more attorneys as legal advisor to the police department.
Employment law matters present significant liability risks. Federal and state law may
expose the City to excessive verdicts and monetary awards. The City attorney must be familiar
with all aspects of human resources, including the complex issues surrounding employment and
disciplinary practices, the Americans with Disabilities Act, Whistleblower Act, Civil Rights, the
Family and Medical Leave Act, employee benefits, drug testing, veterans re-employment rights,
and State and local civil service systems. Since this is an integral part of our current
representation, the City of Colleyville can be assured of the Firm's expertise in this vital area.
NICHOLS, JACKSON, Dn..LARD, HAGER & SMITH, L.L.P. can provide legal services related
to finance. The Firm has on staff a former City Finance Director, who will be available to assist
the City in finance matters. This service is unique to NICHOLS, JACKSON, Dn..LARD, HAGER &
SMITH, L.L.P. The Firm has extensive experience regarding public utility franchise, worker's
compensation, bankruptcy proceedings, unclaimed checks, interlocal cooperation agreements,
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hotel/motel occupancy tax, and collection of other delinquent accounts including utilities and
paving assessments.
Members of the Firm routinely prepare and review contracts for public works, inter-local
cooperation agreements and assistance regarding insurance certificates, right-of-way acquisition
and eminent domain matters. The Firm has the necessary resources to prepare and review any
contracts or other related matters on any basis that the City requires.
The Firm has extensive experience in the area of economic development activities for
municipalities. The promotion of economic development or redevelopment is paramount to the
viability of local government. Regardless of size and geographical location, the proper
utilization of economic development tools can stimulate growth, stabilize or increase tax base,
generate employment and control development. The Firm is extremely knowledgeable in all
aspects of tax abatement, tax increment financing, freeport exemption, foreign trade zones, hotel
occupancy tax, economic development sales tax (4A & 4B Sales Tax Corporations), economic
development grants and incentives under Section 380.001, TEx. Loc. Gov'r CODE, public
improvement districts, municipal management districts, and the use of annexation agreements.
The Firm's policy and procedure regarding direct contact by citizens varies among
municipal clients. The extent and nature of contact with the public will be based upon the
direction from the City. The Firm will immediately notify the Mayor or City Manager of direct
contact by citizen to ensure that the Council and staff are properly informed. The Firm,
consistent with good customer relations will deal with all public inquiries in a proper and
diplomatic manner and immediately notify the Mayor or City Manager of the inquiry without
cost to the City.
VI. ASSIGNED PERSONNEL
The primary members of the Firm in charge of providing legal services to the City will be
Peter G. Smith and Joseph Gorfida, Jr. Mr. Smith will be the primary attorney, and Mr. Gorfida
will be the secondary attorney. All Firm attorneys are dedicated to providing legal services to
municipalities and other public sector clients. Accordingly, other partners and associates of the
Firm are available to assist the City as needed. All members of the Firm have expertise in
municipal matters and are available to respond to any client needs at any time.
Mr. Smith, a partner of the Firm since 1985 is the Firm's land use and economic
development expert. He joined the Firm in the April 1981 and twenty-two years of experience in
all municipal matters. He currently serves as the primary attorney for cities of Allen, DeSoto,
Sachse and Richardson. Mr. Smith also has a particular interest and knowledge concerning
Economic Development. He has served as a primary Economic Development advisor for
numerous cities who form the client base of the Firm. Mr. Smith is a recognized expert in
economic development and ad valorem taxation and enjoys a state-wide reputation. He has
assisted the El Paso Chamber of Commerce and the City of EI Paso in some complex and
politically sensitive tax increment finance matters. He frequently lectures on economic
development, land use, ad valorem tax and other municipal matters. In fact Mr. Smith is a
frequent lecturer at the University of Texas School of Law Land Use Seminar on economic
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development. This March his topic is TIF for TOD during which he will address the use of tax
increment financing in connection with transit oriented development. Also Mr. Smith will again
be the featured speaker on economic development at the State Bar of Texas Advanced real Estate
Seminar. Mr. Smith is general counsel and litigation counsel for the Dallas, Tarrant and
Willaimson County Appraisal Districts. Mr. Smith is an approved liability defense counsel for
the TML Intergovernmental Risk Pool.
Employment law matters also present significant liability risks. Federal and State law
may expose the City to excessive verdicts and monetary awards. The city attorney must be
familiar with all aspects of Human Resources, including the complex issues surrounding
employment and disciplinary practices, the Americans with Disabilities Act, Whistleblower Act,
Civil Rights, the Family and Medical Leave Act, employee benefits, drug testing, veterans re-
employment rights, and state and local civil service systems. Since this is an integral part of our
current representation, prospective clients can be assured of the Firm's expertise in this vital
area. The Firm has designated Karen Nelson for Human Resource Matters. Ms. Nelson
currently serves as the Human Resource Attorney for the City of DeSoto, Texas and other Firm
clients.
Requests for legal services should be directed to Peter G. Smith or Joseph Gorfida unless
other Firm personnel have been assigned to specific departments. Mr. Smith and/or Gorfida will
either provide the requested service or assign the work to ensure the service is provided timely.
Requests for legal services can be made in writing, by facsimile transmission or e-mail. Mr.
Smith may be contacted by e-mail atpsmith@nidhs.com.orbycellularphone(214)535-3818.at
the office at his direct dial telephone (214) 665-3365 or at home at (972) 671-6765. Mr. Smith's
administrative assistant, Gwen Johnson may be reached at her direct dial (214) 665-3325 which
also has voice mail or bye-mail atgiohnson@nidhs.com.Mr. Gorfida may be contacted by
email at igorfida@nidhs.com or by cellular telephone at 972-679-6759 or at the office.
NICHOLS, JACKSON, DILLARD, HAGER & SMITII, L.L.P. can provide reliable and cost
efficient prosecutorial services for the municipal court. The Firm has extensive experience in
prosecution of all types of cases including code enforcement cases. The practice of the Firm is to
assign one or more attorneys as prosecutor for client cities. The Firm has assigned Irina Visan as
the primary prosecutor and Jason LeBoeuf as the alternate municipal court prosecutor. The Firm
prosecutors routinely provide assistance to the court in preparation of municipal court complaints
or other documents processed through the court. The Firm's municipal court prosecution has
included courts of record and assistance to the District Attorney's office in prosecuting related
appeals. The Firm will provide these services on an hourly or flat fee basis.
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PETER G. SMITH
Born Providence, Rhode Island, September 2,1952
Areas of Practice
State and federal litigation an appellate practice with emphasis in state and local government
law including civil rights, constitutional law, zoning and land use, personal injury, ad
valorem taxation, and all areas of municipal law .
Education
Texas Tech University (B.A.), 1974
Texas Tech University School of Law (J.D.), 1976
Educations Honors & Activities
Pi Sigma Alpha - Political Science Honorary Society
Professional Licenses
Admitted to Texas Bar, 1977
U.S. Supreme Court (1992)
U.S. Court of Appeals, Fifth Circuit (1981)
U.S. District Court, Northern and Western Districts of Texas (1981)
U.S. Court of Military Appeals (1979)
Professional Memberships and Civic Service
Research Fellow, The Center for American and International Law
Member, Texas City Attorney Association
Member, Texas Association of Assessing Officers
Member, Texas Association of Appraisal District
Member, Texas Municipal League
Member, State Bar of Texas
Member, American Bar Association
Capt., JAGC, U.S. Army, 1977-1981
Lt. Col., JAGC, Texas Army National Guard, 1981-2002
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JOSEPH JOHN GORFIDA, JR.
Born Rochester, New York, July 22,1970
Areas of Practice
State litigation with emphasis in local and state government law including, but not limited to,
civil rights, constitutional law , employment discrimination, police liability, personal injury,
worker's compensation, tort, and all areas of municipal law, including municipal court
prosecution.
Education
University of South Carolina, Columbia, South Carolina (B.A.,1992)
University of Tulsa College of Law, Tulsa, Oklahoma (J.D., 1998)
Professional Licenses
Admitted to Texas State Bar, 1999, Texas
Professional Memberships and Civic Service
Member, State Bar of Texas
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IRINA VISAN
PROSECUTING ATTORNEY
Born Bucharest, Romania, July 22,1978
Areas of Practice
Federal and state litigation and appellate practice for municipalities. Emphasis on criminal
prosecution, prosecution of bench and jury trials, presentation of plea bargains.
Education
Southern Methodist University, Dallas, Texas (B.A., 2000)
Southern Methodist University, Dedman School of Law, Dallas, Texas (J.D. 2003)
Professional Licenses
Admitted to the Texas State Bar, 2003
Professional Memberships
State Bar of Texas
Dallas Bar Association
Dallas Young Lawyers
American Bar Association
Texas District and County Attorney Association
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JASON LEBoEUF
PROSECUTING ArrORNEY
Born in Oklahoma City, OK, October 4,1975.
Areas of Practice
Federal and State litigation and appellate practice for municipalities. Emphasis includes civil
rights, employment discrimination, tort claims, and code enforcement.
Education
University of Oklahoma (BA, 1998)
Oklahoma City University School of Law (Juris Doctor, 2001)
Professional Licenses
State Bar of Texas 2001
Fifth Circuit, United States Court of Appeals 2002
Northern, Eastern, Southern, and Western Districts United States District Courts of Texas 2002
Professional Memberships
Member, State Bar of Texas
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KAREN NELSON
HUMAN RESOURCES
Born Vicksburg, Mississippi, February 2, 1960.
Areas of Practice
Federal and State litigation and appellate practice for municipalities. Emphasis includes civil
rights, condemnation and land use, employment discrimination, tort claims, civil service,
contracts, police advisory, code enforcement, and environmental issues, and extraordinary
remedies.
Education
Texas Tech University
Baylor University School of Law
Southern Methodist University
(B.A. 1981)
(J.D. 1984)
(M.A. 1994)
Professional Licenses
State Bar of Texas 1984
State Bar of Arizona 2002
United States District Court, Northern District of Texas 1989
Professional Memberships and A wards
Texas District and County Attorneys' Association
Appraisers Association of America
Nominee, Danny Hill Award, Statewide Conference of Victim Advocates
Publications
Batson Basics: Who, What, When, How & Why (TDCAA: 2001).
Immunity 101 (publication pending)
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VII. MUNICIPAL CLIENT LIST AND REFERENCES
MUNICIPAL CLIENT REFERENCES
City of Richardson
Mayor Gary Slagel
Bill Keffler, City Manager
P.O. Box 830309
FUchardson, Texas 75083
(972)238-4100
City Attorney (1953 through Present)
Town of Cross Roads
Harv Kitchens, Mayor
Katherine Ritchie, City Secretary
11700 Highway 380
Aubrey, Texas 76227
(940)365-9693
Town Attorney
City of Allen
Stephen Terrell, Mayor
Peter Vargas, City Manager
One Allen Civic Plaza
Allen, Texas 75002
(972)727 -0100
City Attorney (1996 through Present)
City of DeSoto
Mayor Michael Hurtt
Jim Baugh, City Manager
211 E. Pleasant Run Road, Suite A
DeSoto, Texas 75115-3939
(972)230-9642
City Attorney (1991 through Present)
City of Coppell
Mayor Douglas N. Stover
Jim Witt, City Manager
P.O. Box 478
Coppell, Texas 75019
(972)304-3618
City Attorney (1959 through Present)
Town of Double Oak
Mayor Bill Wilkinson
Dorothy McDaniel, City Secretary
1100 Cross Timbers Drive
Double Oak, Texas 75067
(972)539-9464
Town Attorney
Town of Copper Canyon
Mayor Lawrence Johnson
Elizabeth Penny, Town Secretary
400 Woodland Drive
Copper Canyon, Texas 75067-8501
(940)455-2526
Town Attorney
City of Duncanville
Mayor David Green
Kent Cagle, City Manager
203 East Wheatland Road
P.O. Box 380280
Duncanville, Texas 75138-0280
(972)780-5001
City Attorney (1953 through Present)
Town of Bartonville
Mayor Ron Robertson
1941 East Jeter Road
Bartonville, Texas 76226
(817)430-4052
Town Attorney
City of Farmersville
Robbin Lamkin, Mayor
Alan Rein, City Manager
205 S. Main Street
Farmersville, Texas 75442
(972)782-6151
City Attorney (1995 through Present)
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City of Forney
Darrell Grooms, Mayor
P.O. Box 826
Forney,Texas 75126
(972)564-3148
City Attorney
City of Hutchins
Mayor Artis Johnson
Janis G. Daniels, City Secretary
321 North Main Street
P.O. Box 500
Hutchins, Texas 75141
(972)225-6121
City Attorney
City of Justin
Virginia Blevins, City Secretary
415 N. College
Justin, Texas 75247
(940) 648-2541
City Attorney
City of Lake Dallas
Mayor Steve W ohr
Beverly Weikum, City Secretary
303 Alamo Street
P.O. Box 368
Lake Dallas, Texas 75065
(940)497-2226
City Attorney
City of Lancaster
Mayor Joe Tillotson
Jim Landon, City Manager
P.O. Box 940
Lancaster, Texas 75146
(972)227 -2111
City Attorney (1959 through Present)
City of Lucas
Joe Gambill, City Administrator
151 Country Club Road
Lucas, Texas 75002
(972) 727-8999
City Attorney
- 18 -
City of McClendon-Chisholm
Mayor Mike Donegan
Charlene Simpson, City Secretary
1248 S. Hwy 205
Rockwall, Texas 75087
(972)524-2077
City Attorney
City of Rowlett
Mayor C. Shane Johnson
George Harris, Interim City Manager
4000 Main Street
Rowlett, Texas 75030-0099
(972) 412-6100
City Attorney
City of Sachse
Mayor Mike Felix
Bill Atkinson, City Manager
5560 Highway 78
Sachse, Texas 75048
(972) 495-1212
City Attorney
City of Sanger
Jack Smith, City Manager
201 Bolivar Street
P.O. Box 578
Sanger, Texas 76266
(940)458-7930
City Attorney
Town of Talty
Mayor Mike Davis
P.O. Box 565
Forney, Texas 75126
(972) 648-0914
Town Attorney
City of University Park
Mayor James Holmes
Bob Livingston, City Manager
3800 University Boulevard
Dallas, Texas 75205
(214)363-1644
City Attorney (1985 through Present)
70672
City of New Fairview
Wanda Davis, City Secretary
P.O. Box 855
Rhome, Texas 76078
(817)638-5366
City Attorney
City of Tolar
Mayor Tom Brown
P.O. Box 100
105 Pine Lane
Tolar, Texas 76476
(254) 835-4390
City Attorney
City of Seagoville
Jim Wilkins, Mayor
Denny Wheat, City Manager
702 N. Highway 175
Seagoville, Texas 75159
(972) 287-2050
City Attorney
City of Cedar Hill
Mayor Robert K Franke
Alan Sims, City Manager
502 Cedar Street
P.O. Box 96
Cedar Hill, Texas 75106
(972)291-5100
City Attorney
City of Wilmer
Mayor Don Hudson
Thomas Lauer, City Administrator
128 N. Dallas Avenue
Wilmer, Texas 75172
(972)441-6373
City Attorney
City of Ferris
Jimmie Birdwell, Mayor
Scott Borne, Mayor Pro Tern
100 Town Plaza
Ferris, Texas 75125
(972) 544-2110
City Attorney
- 19 -
City of Kaufman
Paula Bacon, Mayor
209 South Washington
Kaufman, Texas 75142
(972) 932-2216
City Attorney
City of The Colony
John Dillard, Mayor
Dale Cheatham, City Manager
6800 Main Street
The Colony, Texas 75056
(972) 625-1756
City Attorney
City of Josephine
Terry Wagner, Mayor
P.O. 99
Josephine, Texas 75164
(972) 843-8282
City Attorney
City of Post Oak Bend
Larry Tigert, Mayor
1175 County Road 278
P.O. Box 758
Kaufman, Texas 75142
(972) 932-6015
City Attorney
Town of Saint Paul
Steve Hufstettler, Mayor
2505 Butscher's Block
Saint Paul, Texas 75098-8046
(972) 442-7212
Town Attorney
City of Hideaway
Bill Kashouty, Mayor
P.O. Box 594
Lindale, Texas 75771
(903) 882-9854
City Attorney
City of DeCordova
Dick Pruitt, Mayor
P,O. Box 5905
Granbury, Texas 76049
(817) 326-5887
70672
Dallas Central Appraisal District
Foy Mitchell,Jr., Director/Chief Appraiser
2949 N. Stemmons Freeway
Dallas, Texas 75247-6195
(214)631-0520
General Counsel (1980 through Present)
DeSoto Economic Development
Corporation
Layne Ballard, Executive Director
1801 N. Hampton Road, Suite 330
DeSoto, Texas 75115
(972) 780-9915
General Counsel
Sachse Economic Development
Corporation
Guy Brown, Executive Director
5560 Hwy. 78
Sachse, Texas 75048
(972) 675-0562
General Counsel
Allen Economic Development
Corporation
Charisse Reaume, Director
One Butler Circle
Allen, Texas 75002
(972)727 -0100
General Counsel
Tarrant Appraisal District
John Marshall, Chief Appraiser
2500 Handley-Ederville Road
Fort Worth, Texas 76118
General Counsel
(817)284-0024
Duncanville Economic Development
Corporation
Kent Cagle, City Manager
203 East Wheatland Road
P.O. Box 380280
Duncanville, Texas 75138-0280
General Counsel
(972)780-5001
- 20-
Coppell Recreational Development
Corporation
Jim Witt, City Manager
255 Parkway Boulevard
Coppell, Texas 75019
(972)304-3618
General Counsel
Williamson County Appraisal District
Bill Carroll, Chief Appraiser
510 W. 9th Street
Georgetown, Texas 78626-5510
(512) 930-3787
General Counsel
70672
VIII. TRANSITION COORDINATION
The Firm will, if selected, begin representation immediately. The Firm will meet
with current counsel and review all pending matters. With regard to any pending
litigation, we would, in conjunction with the City staff, determine if it was in the best
interest for the City to continue with the current counsel on any pending litigation and
provide the City Manger and/or the City Council with our recommendation, On any
current staff or council issue, we will review the same with the current counsel and gain
the benefit of the current counsel's historical knowledge. If it were in the City's best
interest, both financially and from consistency of advice perspective, we would
recommend continuance of that representation until those matters were concluded.
Hence, we would determine the appropriate conclusion dates for final transition and
immediately begin the process by meeting with current counsel at the earliest
convenience date. As always, we would include both the City Council and staff in this
process in order to deliver the best legal services possible in a timely and cost effective
manner.
IX. FEE STRUCTURE
The current rate charged by the Firm is One Hundred Forty Dollars ($140.00) per
hour. The Firm's rate of $140,00 per hour applies to all attorneys regardless of position
and experience. In the event it becomes necessary to increase the hourly rate for services,
written notice thereof shall be provided to the City prior to the approval of the budget for
the then ensuing fiscal year. City will reimburse the Firm for all expenses incurred in the
performance of such work, including, but not limited to long distance telephone calls,
depositions, travel, filing and recording fees, photocopies and any other expenses that are
incidental and necessary to providing legal service to the City.
Fees are billed on a monthly basis and are due upon receipt. The Firm has
determined that a flat rate is a better value and accounting of cost for the City. Hence, the
Firm does not charge different rates for different attorneys or services. Additionally, the
Firm does not charge for paralegal or staff time. It is our conclusion that these costs are
reflected in the attorney fee established. If necessary the Firm is willing to discuss other
fee structures with the City.
NICHOLS, JACKSON, DILLARD, HAGER & SMITII L.L.P will establish separate
invoices for litigation. This enables City Manager and the City Council to account for
and manage the cost of litigation not covered by the TML IRP or other insurance carrier.
We are cognizant of providing services based on the sensitivity of the public to
expenditures of tax revenue. We will work with the City Council and staff to establish a
fair and cost effective legal representation of the City.
The Firm will provide a detailed monthly invoice of the services provided to the
City during the previous 30-day period, The monthly invoice will include:
- 21 -
a) Time spent to the nearest quarter (.25) of an hour;
b) A detailed description of the services provided per task;
c) A clear reference to the matter, the issue or the name of the document
involved;
d) The name or the initials of the attorney providing the service(s);
e) The date the service was provided;
f) The name of the City Staff or Councilmember for whom the service was
provided; and
g) The costs incurred for the previous month.
The City will pay only for the time of one attorney involved in any inter-office
conference. The City will not pay for more than one attorney to attend any meeting,
hearing, or other event at which the City Attorney's presence is required, unless otherwise
approved by the City.
NICHOLS, JACKSON, DILLARD, HAGER & SMITH L.L.P will provide municipal court
prosecution services at the Firm's hourly rate. The Firm is willing to discuss other fee
arrangements for the municipal court. The Firm will at the option of the City provide a
separate monthly invoice for municipal court prosecution services. This will allow the
City Manager and City Council to evaluate the cost of municipal court operations.
x. CONFLICT OF INTEREST STATEMENT
There are no existing or potential conflicts of interest by the attorneys of the Firm.
The Firm does not represent any municipality adjoining the City of Colleyville, any
neighboring municipality. The Firm does not and will not represent any private sector
clients in the boundaries of the City of Colleyville or Tarrant County.
The Firm does represent the Tarrant Appraisal District (TAD), which appraises
property within the City for ad valorem taxation purposes. Similarly the Firm represents
the Dallas Central Appraisal District and numerous cities within its boundaries. The
Firm's representation of TAD is beneficial for the City.
The Firm agrees while serving as City Attorney not to undertake any
representation of any person or entity in any matter adverse to the City. Unlike other law
firms, that may submit a proposal to the City, our Firm will not undertake litigation
against a municipality.
The Firm does not currently nor will the Firm represent any real estate
development interests or company either currently or anticipating conducting business
with the City.
The Firm's policy regarding conflict of interest is governed by the Texas Code of
Professional Responsibility. If a municipal client of the Firm perceives a conflict of
interest in a particular matter, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. will
immediately inform the parties of its representation. At the request of any client,
- 22-
NICHOLS, JACKSON, Dn..LARD, HAGER & SMITH, L.L.P. will immediately remove itself
from the issue and withdraw from such representation of either or both parties depending
on the client's desires.
Conclusion
NICHOLS, JACKSON, Dn..LARD, HAGER & SMITH, L.L.P. can provide the City with
excellent legal representation on an effective and cost efficient basis. We pride ourselves
on the accountability and the long-standing relationship with our clients. We are
confident your City will enjoy such a relationship with us.
Respectfully Submitted,
NICHOLS, JACKSON, Dll.LARD,
HAGER & SMITH, L.L.P.
~~~~
By:
Peter G. Smith, Managing Partner
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
(214) 965-0010 FAX
- 23-
Dorothy G. Palumbo
Attorney at Law
685 Chaparral Court
Highland Village, Texas 75077
940.391.1818
January 13, 2005
Mr. Bill Lindley
City Manager
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Request for Proposals for Legal Services
Dear Mr. Lindley.
--
Thank you for the opportunity to submit a Proposal for Legal Services for consideration
of appointment as the City Attorney for the City of Colleyville, Texas. I am available to
provide contract legal services for the duties of the City Attorney at an hourly rate of
$100.00 or in the alternative, as an In House City Attorney providing municipal legal
service on a full time or part time basis. I would not take on representation of any person
or entity in any matter adverse to the City of Colleyville, Texas.
Currently, I serve as Senior Assistant City Attorney/Legislative Coordinator for the City
of Denton. My qualifications are detailed in my resume, which is attached. My
additional areas of responsibility are as the attorney for the Council Ethics Committee
and Council Ethics Ordinance and as the attorney for the Council Tree Committee in
implementing the City's Tree Preservation Ordinance. In transitioning from my duties
for the City of Denton, I would continue to provide municipal legal services to Denton by
contract. The City of Colleyville would be my primary client.
If selected, I would provide legal advice, counsel, services, training, consultation and
opinions to the City Council. I would draft legal documents as requested by the City
Council and City Manager. I am able to provide litigation services or supervise outside
counsel. During my representation of the Cities of Denton, Garland, Midland and
Abilene, I have worked in all areas of municipal law. As Assistant General Council for
the Texas Municipal League, I provided municipal legal services and training to Mayors,
Council members and City Staff around the State of Texas.
-
Sincerely, /? i~
'flOl^o~~~
lJOrothy G. J[ilumbo
.-
DOROTHY G. PALUMBO
685 Chaparral Court
Highland Village, Texas 75077
(940) 349-8393
PROFESSIONAL EXPERIENCE: Advise city officials, Boards and Commissions and
prepare legal documents in all areas of municipal law with primary concentration in Land
Use. Utility Franchise Fee, Gas Well Development and Legislation. Registered Lobbyist
as Assistant General Counsel for the Texas Municipal League from 1994 to 2000,
primarily responsible for drafting and passing legislation. Amicus Brief preparation.
First and Second Chair Trial responsibility in State and Federal Court from inception of
litigation through settlement, mediation, trial and appeal in the areas of civil rights,
employment, condemnation, nuisance condemnation and injuries arising under the Texas
Tort Claims Act. Monitor of outside counsel on complex litigation and supervision of
assistant city attorneys.
EMPLOYMENT:
May 2000
- Present
September 1994
- April 2000
March 1992
- August 1994
April 1989
- September 1991
September 1987
- October 1988
May 1986
- August 1987
June 1984 -
November 1985
EDUCATION:
ADMITTED TO
PRACTICE:
.-
Senior Assistant City Attorney/Legislative Coordinator
City of Denton
Assistant General Counsel
Texas Municipal League
Assistant City Attorney
City of Garland, Texas
Assistant City Attorney
City of Midland, Texas
Assistant City Attorney
City of Abilene, Texas
Staff Attorney
UA W -GM Legal Services Plan
Assistant General Counsel
Southwest Mortgage Service Corp.; Southwest Computer
South Texas College of Law, Juris Doctorate, May 1984
Arizona State University, Masters in Education, May 1979
Oklahoma University, Bachelor in Science, May 1975
State Bar of Texas, State Bar of Michigan*, U.S. District Court-
Northern and Western Districts of Texas, U.S. District Court-
Eastern District of Michigan and U.S. Court of Appeals-Fifth
and Sixth Circuits.
*Inactive Status
Writing Samples Provided upon Request
-
DOROTHY G. PALUMBO
Page 2
2002 to 2004
1994 to 2003
1994 to Present
1997 to Present
1998 to Present
-
May 2000
April 2000
March 2000
February 2000
HONORS AND ACHIEVEMENTS
"Municipal Regulation of Oil and Gas", presented at the Rocky
Mountain Mineral Institute, Texas APA seminars, UT Land Use
Conference
Code Enforcement Legal Instructor, Texas Education Extension
Service, Texas A& M
Texas Municipal League Institute Panel Moderator and Speaker on
Open Government, Planning & Zoning, Personnel, & Liability
Texas Department of Housing & Community Affairs, TML & City
Planners of Texas Planning & Zoning Workshops, Speaker on
Land Use Issues
Texas Municipal Courts Education Center Speaker on Prosecuting
Ordinance Violations
"Using Land Use Laws for Economic Development", TML
Economic Development Seminar
"Open Government", Bickerstaff, Heath, Smiley, Pollan, Kever &
McDaniel Local Government Seminar, Austin, Texas.
Southeastern AP A, "The Role of Public Officials in Land Use
Decision Making.", Beaumont, Texas
Affordable Housing: If You Build It They Will Come, D.T Land
Use Seminar, Hyatt Hotel, Austin, Texas
1999 "Land Use Legislative Update", Texas APA Annual Conference, South Padre
Island
2000 "Land Use Legislative Update", Texas RFRA, Vested Rights, and other Bills",
TML Land Use Legislative Update, Dallas, Texas
1999 "Land Use Legislative Update", Dallas Chapter APA, Texas Speedway, Justin,
Texas
^'.-
1999 "Annexation Legislative Update", Southwest APA, Fresno, Texas
1998 "Immunity for Elected City Officials", Henderson County Mayors Association,
Athens, Texas
,-
DOROTHY G. PALUMBO
Page 3
1996 "Election Laws", Bluebonnet City Secretary Association
1996 "The Land Use Process from a Local Zoning Jurisdiction Perspective", 1996
Wireless Build out Conference, San Antonio, Texas
1995 Association of Mayors and City Council Members Conference, Speaker on
"Public Official Liability"
1995 "American with Disability Act Update", Texas Municipal Clerks Certification
Program
1994 Texas City Attorney Association Speaker, "Police Litigation- False Arrests"
1993 NIT A Scholarship Program Participant
1991 Texas City Attorney Association Speaker, "Recent State Cases"
1990 City of Midland Outstanding Achievement Award
Teaching Certification in English, Speech and Drama, Reading Specialist Endorsement
~,,-
REFERENCES
Mr. Ed Snyder, First Assistant City Attorney
City of Denton
215 E. McKinney
Denton, Texas 76201
(940) 349-8336
Harvey Cargill, City Attorney
City of College Station
P.O. Box 9960
College Station, Texas 77842-0960
(979) 764-3507
David Reagan
Director of Legal Services
Texas Municipal League Risk Pool
P.O. Box 149194
Austin, Texas 78714-9194
(512) 491-2409
6000 WESTERN PLACE, SUITE 200
1-30 AT BRYANT-IRVIN ROAD
FORT WORTH, TEXAS 76107-4654
EMAIL: TOASE@TOASE.COM
'EBSITE: WWW.TOASE.COM
" ;', \)',: "',::,: ./:::: ;.-i '. ',- ,," "
Taylor\Olso~ Adkins;Sra~laElam
, ' ; ,L,L,P. ,,!
'Attorneys '. i Counselors
TELEPHONE: (817) 332-2580
TOLL FREE: (800) 318-3400
FACSIMILE: (817) 332-4740
DENTON: (940) 383-2674
DENTON METRO: (972) 434-3834
WAYNE K. OLSON
ExT, 210
wolsont1lltoase.com
January 11, 2005
Mr. Bill Lindley
City Manager
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Proposal to Provide Legal Services
Dear Mr. Lindley:
On behalf of myself and the partners of the law firm of Taylor, Olson, Adkins, Sralla
& Elam, L.L.P., we are pleased that you are considering our law firm for the role of city
attorney for your City. As you may know, our law firm is a general civil practice firm located
in Fort Worth, Texas. The attorneys in ourfirm are experienced atfurnishing legal services
to governmental entities and dealing with the unique issues that these entities face. The
State Bar of Texas does not offer a legal specialization in municipal law but we do focus
the vast majority of our practice on representing cities and other governmental entities.
1) Statement of Qualifications
The law firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P. (TOASE) is a civil law
firm formed in July 1997, from the public law section of Fielding, Barrett & Taylor, L.L.P.
The named partners of TOASE have practiced law together for over 15 years. The firm's
attorneys primarily practice in the area of municipal law; however, we additionally represent
other public and governmental entities in diverse administrative and litigation matters.
TOASE is one of the few firms in the North Texas area with a practice that centers
on governmental representation. The firm has worked diligently to assemble a team of
professionals who have a significant background in governmental law and administration.
This staffing assures that we have a keen appreciation of the problems and issues
confronting our clients. Our firm practice is devoted to the representation of municipalities
and therefore we are knowledgeable of state, federal and local laws that govern the day
to day operations of municipalities. On a daily basis we provide legal advice to city
councils, departments and boards and commissions of the cities we represent. TOASE
handles numerous lawsuits against municipalities every year on behalf of the cities we
represent and for the Texas Municipal League Intergovernmental Risk Pool.
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January 11, 2005
Page 2
The firm currently represents 37 North Texas cities as city attorney and assists other
cities and counties in various parts of Texas on special projects. We provide the full
spectrum of legal services for these entities, including attending and giving advice at
meetings of the governmental bodies; reviewing and writing bid specifications, contracts,
real estate documents, resolutions, orders, ordinances, and other legal instruments;
advising on issues of open meetings, open records, personnel policies, conflicts of
interests, zoning, platting and land use issues, and all other legal issues that confront
governmental entities; and representing the governmental entities in litigation in all areas
of governmental operations. There are presently 19 attorneys in the firm, including seven
partners. In addition, we have three full time legal assistants, nine legal secretaries and
seven administrative personnel. A firm resume is included with this proposal. It contains
the general background of each attorney and legal assistant in the firm, indicating
experience and areas of practice. Most of the attorneys in the firm have devoted their
entire legal careers to representing municipalities, with several attorneys each having over
20 years of municipal expertise.
2) Firm Resources
Ourfirm utilizes numerous resources that are available in the area of municipal law.
We are fully networked with our computer system, which is set up for the convenience of
our clients to use both Word and Word Perfect, and subscribe to several legal research
sites such as Westlaw, Lexis Nexis, Practice Master, Texas Transaction Guide, etc. Our
computers are linked to provide daily access to Texas Statutes online, the Texas Attorney
General, Secretary of State, the Texas Legislature, Texas Municipal League, federal and
state courts, and the PACER trial docketing system. In addition, we subscribe to numerous
legal publilcations and periodicals, including West's Texas Statutes, Southwestern
Reporter, Texas Town & City, Municipal Lawyer, Law Enforcement Legal Review, and The
Urban Lawyer, to name a few. The lawyers in TOASE are members of various
organizations devoted to government law practice, including the Texas City Attorneys
Association (TCAA) , the International City Attorneys Association (IMLA), the State and
Local Government Lawyers Section of the American Bar Association, etc. The attorneys
attend seminars focusing on relevant issues and monitor state and federal legislation and
regulations to keep informed on current issues of interest to our clients.
3) Municipal Litigation Experience
The attorneys in TOASE have exhaustive litigation experience in representing
municipalities on all levels, including discovery, pretrial motions, trial preparation, bench
and jury trials, and appeals to the Texas Courts of Appeals and Supreme Court, and the
Fifth Circuit Court of Appeals and United States Supreme Court. We have experience in
representing cities in general civil litigation, such as negligence and contract claims, as well
as specialized matters, such as zoning and land use, personnel and civil rights claims. We
also have experience in bringing condemnation actions on behalf of municipal clients,
including handling administrative commissioners hearings, bench and jury trials, and
appellate reviews.
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January 11, 2005
Page 3
The firm has represented municipal clients at arbitration hearings arising from public
works contract disputes, before the Equal Employment Opportunity Commission and the
Texas Commission on Human Rights. TOASE is an approved defense counsel for the
Texas Municipal League Intergovernmental Risk Pool and is actively involved in many
currently ongoing lawsuits involving municipalities in the North Texas area.
4) Service Philosophy
If chosen for this engagement, the firm, in consultation with the City, would
designate one attorney as city attorney who would be the primary attorney to provide
services to the City. The other attorneys in our firm, however, are available to assist in
particular assignments that require additional assistance or special expertise. As can be
attested by our other city clients, although one attorney will become your city attorney, the
lawyers in the firm work as a team and the firm as a whole will serve as a City Attorney's
office, thereby allowing City employees to feel comfortable working with other lawyers on
special projects or in the event the primary city attorney is unavailable.
TOASE is committed to providing our clients the best legal representation available.
In so doing, we recognize that while we work for policy makers, we are not ourselves the
policy makers. Rather, our role is to find a way to accomplish the City's objectives by
providing the best legal information possible for the consideration of the policy makers.
This often involves presenting alternative approaches for consideration and evaluating the
risk associated with each.
5) Method of Service
As discussed above, our firm practices as a team. The lead attorney will normally
be available to the City Council, City Manager and staff members. In the event she is not
available, you will always be able to consult one of the other experienced attorneys in our
firm.
Because of the number of municipalities we represent, from time to time we learn
of significant court decisions or other legal developments which could adversely affect our
city clients. In such instances, we are pro-active and notify and explain these issues to our
clients. Because the fees incurred in so doing are shared between a number of our clients,
this process allows the City to anticipate issues and take action to avoid lengthy legal
battles and adverse media coverage, at a reasonable cost. We have found that in the long
term, such preventative advice is less expensive to the client.
As we serve as outside counsel for our clients, we have traditionally provided a
method and level of service tailored to fit the specific needs of each client. We perform
work daily for some clients, while for others, much less often. If selected to serve as your
City Attorney, we will work with you to determine and implement the method of service you
deem best for Colleyville. The City Manager normally establishes the level of
communication between City staff members and members of our firm. We normally work
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January 11, 2005
Page 4
most closely with the City Manager and the Assistant City Manager.
We also tailor our method of document preparation for each client. Some of our
clients prepare initial drafts of ordinances and contracts and send them to us for a final
review. For other clients, we prepare the documents from the first draft to the final
document. For most cities, it is a combination. We devote clerical staff necessary to meet
the City's deadlines.
6) Assigned Personnel
Should the City desire to engage our firm, Debra Drayovitch, a partner in the firm,
will be your City Attorney. Debra has been practicing municipal law for over 25 years. The
municipal court prosecution will be under the direction of Paul Previte, who prosecutes in
the municipal courts of several of our municipal clients. Several of our associates will
assist Paul with prosecution when needed.
Although Debra will be your primary attorney, the names and experience levels of
each attorney who may provide legal assistance to the City are listed below:
Carvan Adkins
Wade Adkins
Rob Allibon
Dan Barrett
Doug Black
Tom Carr
Debra Drayovitch
Betsy Elam
Bryn Meredith
Wayne Olson
Paul Previte
Fritz Quast
Tom Scollon
TimSralla
Charlotte Staples
George Staples
Allen Taylor
April Virnig
Cara White
20 years
45 years
14 years
27 years
4 years
25 years
25 years
17 years
5 years
25 years
9 years
2 years
< 1 year
21 years
2 years
39 years
21 years
6 years
6 years
7) Municipal Client List and References
A list of municipalities which our firm currently represents is as follows:
Aledo
Alvarado
Edgecliff Village
Everman
Richland Hills
River Oaks
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January 11 , 2005
Page 5
Annetta
Annetta South
Aurora
Azle
Benbrook
Benjamin
Blue Mound
Boyd
Bridgeport
Burleson
Clark
Cleburne
Corinth
Saginaw
Southlake
Springtown
Weston
Westworth Village
Fairview
Granbury
Haltom City
Haslet
Kennedale
Lake Worth
Newark
Mansfield
North Richland Hills
Ovilla
Pelican Bay
Red Oak
Reno
The following is a representative list of the firm's current clients which you may want to
contact:
Client Name
City of Benbrook
City of Burleson
City of Cleburne
City of Haltom City
City of Haslet
City of Kennedale
City of Lake Worth
City of Mansfield
City of Newark
City of N. Richland Hills
City of Red Oak
City of River Oaks
City of South lake
MHMRTC
TCWDB
8) Transition Coordination
Client Contact
Cary Conklin
Bill Davison
Chester Nolen
Tom Muir
Terry Smith
David Miller
Joey Highfill
Clay Chandler
Sherry Edgemon
Larry Cunningham
Ken Pfeifer
Linda Ryan
Shana Yelverton
Jim McDermott
Judy McDonald
Telephone No.
(817) 249-3000
(817) 295-1113
(817) 645-0901
(817) 222-7760
(817) 439-5931
(817) 478-9869
(817) 913-3456
(817) 276-4273
(817) 489-2201
(817) 427-6007
(972) 617-3638
(817) 626-5421
(817) 481-1429
(817) 735-3805
(817) 531-6760
Years of
Representatioo
20
13
8
17
6
11
13
11
20
4
10
12
16
13
6
If engaged by the City of Colleyville, we would recommend having an initial meeting
at no charge to the City with several of the lawyers who are likely to work on matters for the
City. At this initial meeting, we would meet with the City Manager and various department
heads and assistant department heads to become informed of current issues that the City
is facing and coordinating the handling of any matters that have upcoming deadlines. At
that time, we will also take the opportunity to become familiar with the layout of the City and
visit particular sites that the City Attorney might become involved with. We have worked
W:\Municipal\PROPOSAL\Colleyville.wko.wpd
January 11, 2005
Page 6
with your current City Attorney in the past and we are confident that he will assist in the
coordination of a smooth transition to a new law firm.
9) Fee Structure
The firm uses a traditional hourly rate fee structure billed in quarter hours. With the
hourly rate system, the City is billed for the actual hours worked by attorneys or legal
assistants who are working on the City's legal matters. The hourly rate system is easy to
administer as it is very straight forward and does not require periodic adjustments to
accommodate inequalities which can exist in a "retainer" system. The firm uses a standard
hourly rate of $150.00 per hour for attorney time needed for the normal operations of the
City. If the firm should be asked to represent the City in litigation, the fee for attorney time
would be $175.00 per hour. The fee for paralegal time is $80.00 per hour for work on
matters concerning the normal operations of the City and for work on litigation matters.
The hourly rate for municipal court prosecution, would be $125.00. Administrative
Assistants will be billed at a rate of $25.00.
In response to the RFP, we would propose a retainer of $1,000 for attendance at
two regularly scheduled city council meetings per month, based upon an expectation that
the time entailed will not exceed ten hours per month.
The firm generates relatively detailed billing statements which are intended to be
management tools as well as billing invoices. City officials may use the billing statements
to monitor the types of activities that are occurring within the City that have required legal
assistance. During the initial few months of representation of a new municipal client, the
firm recognizes that it will devote quite a number of hours into reviewing ordinances and
records of the City and coming to some understanding of the status of the City's current
legal affairs. This initial influx of time should not be viewed as a benchmark for
measurement of long-term representation costs.
10) Conflict of Interest Statement.
On behalf of Taylor, Olson, Adkins, Sralla & Elam, L.L.P., I agree that while serving
as the City Attorney the firm will not undertake any representation of any person or entity
in any manner adverse to the City. Under Texas' Disciplinary Rules of Professional
Conduct that are applicable to licensed lawyers, before any member of this firm will
become involved in any matter that might conflict with the interest of the City of Colleyville,
we would make the City of Colleyville aware of this potential conflict and obtain the City's
approval before proceeding or continuing in such representation. At the current time, this
law firm represents the cities of Southlake and North Richland Hills which adjoin the
municipal boundaries of Colleyville. I am not aware of any conflicts that the City of
Colleyville has with those entities. Also, I am not aware of any real estate development
interest or company that this law firm currently represents that is currently or anticipating
conducting business with the City of Colleyville.
W:\Municipal\PROPOSAL\Colleyville,wko,wpd
January 11, 2005
Page 7
CONCLUSION
The firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P. appreciates the opportunity
to be considered for service as city attorney for the City of Colleyville. We think that we
bring an unusually broad base of experience to our municipal clients, and our work for a
variety of cities gives us an in-depth understanding of the practical as well as the
philosophical considerations in addressing cities' legal issues.
If you have questions on any aspect of this proposal, please call me so that I may
answer your queries. I can be reached at (817) 332-2580. I look forward to meeting with
you and the city council to discuss our proposal.
Very truly yours,
W/Gcf)~
Wayne K. Olson
WKO/ke
W:\Municipal\PROPOSAL\Colleyville,wko.wpd
"..-.-
T AYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P.
ATTORNEYS AT LAW
-~~
~I~
~:: .',
6000 WESTERN PLACE, SUITE 200
FORT WORTH, TEXAS 76107-4654
Telephone (817) 332-2580
Toll Free (800) 318-3400
Fax (817) 332-4740
.-.
Carvan E. Adkins
Wade Adkins
Robert M. Allibon
Daniel R. Barrett
Douglas W. Black
Tom Carr
Debra A. Drayovitch
Elizabeth A. Elam
Bryn Meredith
Wayne K. Olson
Paul V. Previte
Fritz Quast
Thomas B. Scollon
Tim G. Sralla
Charlotte L. Staples
George A. Staples, Jr.
E. Allen Taylor, Jr.
April M. Virnig
Cara Leahy White
-
January 11,2005
ATTORNEYS
--
Carvan E. Adkins
Born in Abilene, Texas in 1957. He obtained his B.B.A. degree from Baylor University in 1980, and his
M.B.A., and J.D. degrees from Texas Tech University in 1984. Mr. Adkins' practice consists primarily of
two general areas of presentation. First, he and the firm represent and provide legal counsel to a variety of
public entities. He personally serves as General Counsel to the Tarrant County Mental Health Mental
Retardation Center and the Tarrant County Workforce Development Board. The position of general counsel
to public entities necessarily involves addressing a variety oflegal issues on behalf of the public entities and
their employees. Mr. Adkins' second general area of practice is in the area of employment law addressing
employment issues and disputes from the job interview to post-termination litigation. In this regard, Mr.
Adkins has represented clients before the Equal Employment Opportunity Co mmission, the Texas
Commission on Human Rights, the United States Merit Systems Protection Board, and the State and Federal
courts of Texas. He is a member of the State Bar of Texas and the Tarrant County Bar Association. He is
admitted to practice before the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Court for
the Northern and Eastern Districts of Texas. He is certified as a mediator in compliance with Title 7,
Chapter, Texas Civil Practice and Remedies Code, and the policies and procedures for training as defined
by the Texas Mediation Trainer Roundtable Standards.
Papers and Presentations: Mr. Adkins has authored a number of papers on employment law topics,
including, "Sexual Harassment in the Workplace, Where Do We Go After Vinson?" Professional Education
Systems, Inc., 1987, and "Defending Wrongful Discharge Claims", National Business Institute 1995. He
has spoken at continuing education seminars on employment law topics of interest to both employment law
- ,ractitioners and human resource managers, including, "Demystifying the EEOC Process", presented to
Texas Council Risk Management Fund participants on January 20, 1999, and "Privacy Issues for Public
Employees" which was presented to Texas Council Risk Management Fund participants on March 30, 1999,
"Privacy Issues Surrounding Internet and E-Mail Usage" presented to Texas Council Risk Management
Fund participants on March 14, 2000. Updated for presentation to the Texas Water Conservation
Association Property/Casualty Claims Workshop on July 31, 2001, and Open Records and Open Meetings
Issues presented to the Community MHMR Center Law Liability Workshop on September 25,2001.
Legal Employment History: Shannon, Gracey, Ratliff & Miller - August 1984 to July 1987; Reynolds,
Shannon Miller, Blinn, White & Cook - August 1987 to May 1988; Fielding, Barrett & Taylor,L.L.P. - June
1988 to June 1997 (founding partner); Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - July 1, 1997 to
present (founding partner).
,-
Robert M. Allibon
~
Born in Willow Grove, Pennsylvania in 1965. He graduated cum laude from Texas Christian University
in 1987 with a B.B.A. degree in finance. He then attended Texas Tech University School of Law where he
obtained his J.D. degree in 1990. He currently practices primarily in the areas of municipal and public law,
and municipal litigation. He currently serves as City Attorney to the cities of Bridgeport and Haslet. He
was admitted to the State Bar of Texas in November 1990, and is a member of the State Bar of Texas and
the Tarrant County Bar Association. He is admitted to practice before the U.S. Court of Appeals for the
Fifth Circuit and the U.S. District Court for the Northern and Eastern District of Texas.
Legal Employment History: Fielding, Barrett & Taylor, L.L.P. - September 1990 to June 1997; Taylor,
Olson, Adkins, Sralla & Elam, L.L.P. - July 1,1997 to present (partner).
Douglas W. Black
Born in Seattle, Washington in 1967. Mr. Black graduated in 1991 from the University of Colorado,
Boulder, where he received a B.A. in International Affairs. He received his J.D. degree from University
of Denver College of Law in May, 2000. Mr. Black is a member of State Bar of Texas, Tarrant County Bar
Association, Fort Worth-Tarrant County Young Lawyers Association and the American Bar Association.
His primary areas of practice are municipal litigation and municipal law. He is currently serving as City
Attorney to the City of Newark. Mr. Black is admitted to practice before the U.S. District Court for the
Northern, Eastern and Southern Districts of Texas. He is fluent in German.
--
Legal Employment History: Hill Gilstrap, P.C. - December 2000 to December 2002; Taylor, Olson, Adkins,
Sralla & Elam, LLP - January 2003 to present (associate).
~
--
Debra Adami Drayovitch
/'#'*-"~
Born in Denton, Texas in 1953. She received a RA. degree with honors from the University of Texas at
Austin. In 1978, she received her J.D. degree from Southern Methodist University School of Law. Ms.
Drayovitch practices in the area of public and municipal law. She is a member of the State Bar of Texas,
the Denton County Bar Association, the Tarrant County Bar Association, the State Bar of Texas Section on
Labor and Employment Law. She is a Fellow of the Texas Bar Foundation. She served as president of the
Texas City Attorneys Association in 1989 and as a Director of the Association from 1986 to 1993. She
served as president of the Denton County Bar Association from 1992 to 1993 and as a Director of the
Association from 1988 to 1994. She served as chair ofthe Municipal Contracts, Franchises and Technology
Section for the National Institute of Municipal Legal Officers from 1993 to 1995 and as a Director of the
Association from 1988 to 1994. She has lectured on behalf of the Texas Municipal League, Texas City
Attorneys Association, and has served as an instructor for the Texas City Clerk's Association. She is
currently serving as City Attorney to the cities of Corinth and Ovilla.
Legal Employment History: Briefing Attorney for Dallas County Criminal District Judges - 1979; City
Attorney of the City of Greenville, Texas - September 1979 to March 1982; Assistant City Attorney for the
City of Arlington, Texas - March 1982 to March 1985; City Attorney for the City of Denton, Texas - March
1985 to November 1994; Part-time Municipal Judge for the City of Denton - November 1994 to June 1995;
Fielding, Barrett & Taylor,L.L.P. - March 1995 to June 1997; Taylor, Olson, Adkins, Sralla& Elam, L.L.P.
- July 1, 1997 to present.
~
Elizabeth A. Elam
Born in Honolulu, Hawaii in 1951. Ms. Elam attended the University of California at Berkeley and received
an A.R degree in Anthropology in 1975. She later was awarded an academic scholarship and attended the
Southern Methodist University School of Law, where she received her J.D. degree in 1986. After
graduation she was an Assistant City Attorney for the City of Fort Worth. Her Primary area of practice is
municipal and public law. She is currently serving as City Attorney to the cities of Edgecliff Village,
Newark, Red Oak, Aledo, Aurora, River Oaks and Everman. Ms. Elam is a member of the State Bar of
Texas, Tarrant County Bar Association and the Tarrant County Women's Bar Association.
Legal Employment History: Fort Worth City Attorney's Office - November 1987 to November 1988;
Fielding, Barrett & Taylor, L.L.P. - December 1988 to June 1997 (founding partner); Taylor, Olson, Adkins,
Sralla & Elam, L.L.P. - July 1, 1997 to present (founding partner).
~
Bryn D. Meredith
,-
Born in Nyon, Switzerland in 1973. Mr. Meredith attended Southern Methodist University and received
a B.A. degree in History; Philosophy in 1995. He received his J.D. degree from St. Mary's University
School of Law in 1999. Mr. Meredith is a member ofthe State Bar of Texas. His primary area of practice
is municipal law. He is currently serving as City Attorney to the cities of Alvarado, Reno, Weston, and
Clark.
Legal Employment History: Assistant City Attorney, City of Corpus Christi - January 2000 to May 2001;
Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - May 2001 to present. (associate)
Wayne K. Olson
Born in Lima, Peru in 1954. He attended Texas Tech University in Lubbock, Texas from 1972 through 1974
and graduated from Southern Methodist University with a B.B.A. degree in Real Estate in 1976. He then
attended the University of Texas School of Law where he graduated with a J.D. degree in 1979. From 1979
until 1987, Mr. Olson was an Assistant City Attorney for the City of Fort Worth, working primarily on
zoning, planning, and development matters. Since 1987 he has been in private practice in the area of
municipal and public law with an emphasis in real estate development and land use law. He is currently
serving as City Attorney to the cities of Lake Worth, Haltom City, Kennedale and Granbury. He is a
member of the American Bar Association, State and Local Government and G~vernment Lawyers Sections,
,.-the State Bar of Texas-Administrative and Public Law Section, the Texas City Attorneys Association, and
, he Tarrant County Bar Association. He is admitted to practice before the United States Supreme Court,
the U.S. Court of Appeals for the Fifth and Eleventh Circuits and the U.S. District Court for the Northern
and Eastern Districts of Texas.
Legal Employment History: Fort Worth City Attorney's Office - August 1979 to July 1987; Reynolds,
Shannon, Miller, Blinn, White & Cook - August 1987 to May 1988; Fielding, Barrett & Taylor, L.L.P.- June
1988 to June 1997 (founding partner); Taylor, Olson, Adkins, Sralla & Elam, L.L.P. July 1, 1997 to present
(founding partner).
-
Fredrick "Fritz" Quast
",~
Born in Bryan, Texas in 1974. Mr. Quast was raised in the small central town of Comanche. He attended
Texas A&M University where he was a member of the Corps of Cadets and the Fightin' Texas Aggie Band.
He received a Bachelor of Science degree in Political Science from A&M in 1997. He received his J.D.
degree from Baylor University School of Law in April, 2001 and was licensed to practice law the following
November. While attending Baylor, he was an Articles Editor and an Executive Editor for the Baylor Law
Review and a member of Phi Delta Phi. Mr. Quast is a member of the State Bar of Texas, the Tarrant
County Bar Association and the Fort Worth-Tarrant County Young Lawyers Association. His primary areas
of practice are municipal law and municipal litigation.
Legal Employment History: Law Clerk for Justice Terrie Livingston, Second District Court of Appeals, Fort
Worth, Texas - August 2001 to August 2002; Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - September
2002 to present.
Thomas B. Scollon
Born in Fort Smith, N orthwest Territories, Canada in 1977. Mr. Scollon was raised in Haines, Alaska. He
attended Southern Methodist University, graduating summa cum laude with a B.A. in psychology in 1998.
In 2003, he received his J.D., summa cum laude, from the University of Illinois College of Law, where he
-was a member of the Law Review and the Order of the Coif. Mr. Scollon is admitted to practice in Texas
.md Illinois, and is a member of the Tarrant County Bar Association and the Dallas Asian-American Bar
Association. His primary area of practice is municipal law.
Legal Employment History: Law Clerk to Justice Robert Cook, Illinois Appellate Court, Fourth District -
August 2003.to August 2004; Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - November 2004 to present.
,-
Tim G. Sralla
~--
Born in Jourdanton, Texas in 1957. He attended the University of Texas, graduating in 1979 with highest
honors. He was a member of Phi Beta Kappa and Phi Kappa Phi honor fraternities. He then attended the
University of Texas School of Law, where he was elected to the Order of the Coif, and graduated with
honors in 1982.
Since 1983 he has practiced in Fort Worth, primarily in the areas of employment and commercial litigation
and appellate advocacy. He has represented clients in many types of disputes, including actions alleging
negligence and general torts, employment discrimination, fraud, unfair competition, trade defamation
violation of the Texas Deceptive Trade Practices Act, breach of contract and breach of warranty. He is
currently serving as City Attorney to the cities of Azle and Richland Hills.
In addition to the various state trial courts, he has practiced before the United States District Court for the
Northern and Eastern Districts of Texas. He has also handled numerous appeals before the United States
Supreme Court, various State Courts of Appeals, the Supreme Court of Texas and the United States Court
of Appeals for the Third, Fifth, and Federal Circuits.
He has been certified by the Texas Board of Legal Specialization as having special competence in the field
of Civil Appellate Law, and is a member of the American Bar Association, the Litigation and Appellate
,- Practice Sections of the ABA, the State Bar of Texas and the Tarrant County Bar Association. He has
..->erved as an adjunct professor oflaw at Texas Wesleyan University School of Law and serves as a member
of the Advisory Committee of the Court of Appeals for the Second Appellate District of Texas, and as an
officer in the Appellate Section of the Tarrant County Bar Association. He has spoken at numerous
seminars regarding various topics relating to appellate and trial practice.
Legal Employment History: Shannon, Gracey, Ratliff & Miller - May 1983 to July 1987; Reynolds,
Shannon, Miller, Blinn, White & Cook - August 1987 to May 1988; Fielding, Barrett & Taylor, L.L.P.-
June 1988 to June 1997 (founding partner); Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - July 1, 1997 to
present (founding partner)~
--
E. Allen Taylor, Jr.
",'-'~
A Fort Worth native, born in 1948. He received Bachelors and Master of Urban Planning degrees from
Texas A&M University, and a Juris Doctor degree, cum laude, from Baylor University School of Law. He
was the Research & Topics Editor of the Baylor Law Review and was a member of the National Order of
Barristers. Mr. Taylor is admitted to practice before the Texas Supreme Court, the Northern, Southern,
Eastern and Western Districts of Texas, the Fifth and Tenth Circuit Courts of Appeal and the United States
Supreme Court. Prior to embarking upon a legal career Mr. Taylor served as Planning Director of the City
of Edinburg, Texas, Director of Planning & Community Development for the City of Killeen, Texas and
Director of Planning & Community Development for the City of Pharr, Texas. He is currently serving as
City Attorney to the cities of Burleson, Cleburne, Southlake, and Mansfield, Texas. Mr. Taylor is the
former Chairman of the Plan Commission of the City of Fort Worth, a former member of the Zoning
Commission of the City of Fort Worth, a member of the Advisory Board of the Municipal Legal Studies
Center of the Southwestern Legal Foundation and was previously a member ofthe Pre-Application Review
Panel and the Section 208 Water Quality Advisory Committee of the Lower Rio Grande Valley
Development Council. Mr. Taylor practices primarily in the areas of public, municipal and land use law.
He has served as a speaker and panelist for a number of conferences and seminars in these fields and has
authored a number of articles in the land use and development law area.
Legal Employment History: Shannon, Gracey, Ratliff & Miller - February 1983 to July 1987 (partner July
1987); Reynolds, Shannon, Miller, Blinn, White & Cook - August 1987 to May 1988 (partner); Fielding,
Barrett & Taylor, L.L.P. - June 1988 to June 1997 (founding partner); Taylor, Olson, Adkins, Sralla & Elam,
- ,.L.P. - July 1, 1997 to present (founding partner).
April M. Virnig
Born in Rochester, Minnesota in 1972, Ms. Virnig graduated in 1994 from the College of St. Benedict in
St. Joseph, Minnesota where she received her B.A. in History. She received her J.D. degree in 1998 from
Hamline University School of Law in St. Paul, Minnesota. Ms. Virnig's bar admissions include Minnesota,
Texas, the U.S. District Court for the District of Minnesota, the U.S. District Court for the Northern and
Eastern Districts of Texas, and the U.S. Court of Appeals for the Fifth and Eighth Circuits. Sheauthored
"Exactions: What Dolan Didn't Tell Us! An Overview of Recent Court Cases Affecting Platting and Other
Planning Functions," and presented it to the American Planning Association on June 14, 2002. She co-
authored with Wayne K. Olson, a paper entitled: "Ethical Considerations During the Course of Representing
Governmental Entities," which was presented by Mr. Olson at the Texas Municipal League Attorney
Workshop on August 22,2003. She is currently a member of the State Bar of Texas, the Tarrant County
Bar Association, the Tarrant County Women's Bar Association and the Texas City Attorneys Association.
Her primary areas of practice include employment law, civil rights, municipal law, and municipal litigation.
Legal Employment History: Mavity & Associates, Minneapolis, Minnesota - 1998-2000 (associate); Taylor,
Olson, Adkins, Sralla & Elam, L.L.P. - 2001 to present (associate).
-
Cara Leahy White
,-
Born in Jamaica, New York in 1972. Ms. White attended Texas A&M University and received a Bachelor
of Business Administration in Management Degree in 1994. She then attended South Texas College of Law
in Houston, Texas, where she graduated summa cum 1aude with her Juris Doctor degree. While attending
South Texas College of Law, she was a member ofthe Law Review, Assistant Articles Editor Fall of 1996,
and a member of The Order of the Lytae. She co-authored with Carvan E. Adkins the following papers
presented to seminars sponsored by the Texas Council of Mental Health Mental Retardation Centers:
"Demystifying the EEOC Process" presented by Mr. Adkins January 20, 1999; "Privacy Issues for Public
Employees" presented by Mr. Adkins March 30, 1999; and "Privacy Issues Surrounding Internet and E-mail
Usage" presented March 14,2000. She is admitted to practice before the Texas Supreme Court, the United
States District Court for the Northern District of Texas and the Fifth Circuit Court of Appeals. Her primary
area of practice is employment and public law.
Legal Employment History: Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - May 1998- to present
(associate).
OF COUNSEL
Wade Adkins
,-.
Born in Dallas, Texas in 1937. He graduated from the University of Texas at EI Paso with a B.A. degree
in history in 1958. He then attended the University of Texas School of Law with a Bachelor of Laws degree
in 1959. He is admitted to practice before the United States Supreme Court, Fifth Circuit Court of Appeals,
United States District Court for the Western District of Texas, United States District Court for the Northern
District of Texas and all Texas courts. Admitted to Texas State Bar in 1959. Past president of Municipal
Legal Studies Center Advisory Board, Southwestern Legal Foundation. He is currently serving as City
Attorney to the City of Benbrook.
Legal Employment History: Edwards, Belk, Hunter & Kerr - August 1959 to December 1959; U.S.
Attorney's Office - August 1960 to December 1961; Self-Employed - January 1962 to June 1963; City of
EI Paso (Assistant City Attorney) - 1963 to December 1973; City ofEI Paso (First Assistant City Attorney)-
January 1974 to July 1978; City ofEI Paso (City Attorney) - August 1978 to February 1982; City of Fort
Worth - March 1982 to February 2000; Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - October 2000 to
present.
-
Daniel R. Barrett
-
Born in 1955, Mr. Barrett graduated in 1975 from the University of Texas at Austin where he received a
B.A. in Government. He received his J.D. degree from Texas Tech University School of Law in 1979. Mr.
Barrett is a member of the American Board of Trial Advocates, was the Fort Worth Chapter President in
2002 and National Board director in 2003. He is a Life Fellow of the Texas Bar Foundation, Founding
Fellow of the Tarrant County Bar Foundation, a Fellow of the American Board of Trial Advocates
Foundation, current director of Texas Trial Lawyers' Association (2003-2004), past director and President
of Tarrant County Trial Lawyer's Association and past director of Tarrant County Bar Association. Board
Certifications include Personal Injury Trial Law by the Texas Board of Legal Specialization and Civil Trial
Advocate by the National Board of Trial Advocacy. Memberships include State Bar of Texas, Federal
Courts for the Northern and Eastern Districts of Texas, Fifth Circuit Court of Appeals; Supreme Court of
the United States, Tarrant County Bar Association, American Trial Lawyers Association, Texas Trial
Lawyers Association, Tarrant County Trial Lawyers Association, American Society of Law, Medicine and
Ethics, College of the State Bar and Trial Lawyers for Public Justice.
Books, Publications and Presentations: Mr. Barrett is the author of the 2002 book Cheaper to Kill than to
Maim: A Patient's Guide to Medical Malpractice in Texas, has authored journal and other articles and made
invited presentations for such publications and organizations as the Texas Bad Faith Bulletin, Trial
Advocacy in Texas, Texas Health Law Reporter, the American Board of Trial Advocates Masters in Trial,
The Fort Worth Star-Telegram, The Dallas Morning News, The Tarrant County Physician, The Fort Worth
Business Press and others.
--
Legal Employment History: Kirby, Ratliff, Manning, Sansom & Greek, 1977-1979; George C. Thompson
& Associates, 1979-1980; Jones, Pruitt, Marlow & Barrett, partner, 1980-1981; Law Offices of James P.
Wagner, 1981-1984; Shannon, Gracey, Ratliff & Miller, partner, 1984-1988; Fielding Barrett &- Taylor,
founding partner, 1988-1997; Law Offices of Daniel R. Barrett, sole practitioner, 1997-2004; T ay lor, Olson,
Adkins, Sralla & Elam, LLP, Of Counsel, present.
,-
Tom E. Carr
,- LIas a general civil practice, which includes representation of school districts and junior colleges in the
North Texas area. He has been practicing law for over twenty-five years and representing school districts
and school officials in litigation concerning personnel and employment law, civil rights defense and voting
rights litigation. He received his law degree from Texas Tech School of Law. He is a former director of
the State Bar of Texas, a past president of the Tarrant County Young Lawyers Association and was selected
Outstanding Young Lawyer by that organization in 1989. He has served on the Benbrook city council and
Chair of the School Law Section of the State Bar of Texas. He has spoken at numerous workshops,
seminars and conferences in the area of school law. He has represented school districts in both state and
federal courts, as well as, the United States Court of Appeals for the Fifth Circuit and the United States
Supreme Court. He is currently a member of the labor and employment law and school law sections of the
State Bar of Texas, The Texas and National Association of School Board's Council of School Attorneys.
He received the Presidential Citation from the State Bar of Texas in 2001, and the Nancy Grams Memorial
Award for Outstanding Contribution to Law Focused Education in the state of Texas. He is a Life Fellow
of the Texas Bar Foundation and a Charter Life Fellow of the Tarrant County Bar Foundation.
Paul V. Previte
Born in Rome, New York in 1969. Paul attended the University of Buffalo and graduated with a B.A.
degree in English in 1991. He attended St. Mary's University School of Law where he graduated with a
J.D. degree in 1994. Mr. Previte is a member of the State Bar of Texas, the State Bar of Colorado, the State
Bar of Pennsylvania, Tarrant County Bar Association and the Tarrant County Criminal Lawyers
~. \ssociation. His primary practice is litigation, including municipal defense, municipal prosecution, general
civil litigation and criminal defense.
Legal Employment History: Fielding, Barrett & Taylor, LLP - 1995-1998; Godwin & Carlton - 1998;
Adams & Previte, 1998-2002 (Founding Partner); The Law Office of Paul Previte, PLLC. - 1998 -
present; Taylor, Olson, Adkins, Sralla & Elam, LLP - 2002 - present.
Charlotte L. Staples
'I.
Born in Lubbock, Texas in 1968. Ms. Staples obtained her Bachelors of Arts degrees in Psychology and
Communications from the University of North Texas in 1991. For many years she was employed with
Child Protective Services and other social work organizations, and continues doing volunteer work for
people in need. She obtained her Juris Doctorate from St. Mary's University School of Law in 2002. While
attending St. Mary's, she was president of their chapter of Phi Alpha Delta, International Legal Fraternity
and clerked for Judge Robin Sage. She is a mediator trained in mediations, negotiations and family law
mediation. Ms. Staples is a member of the State Bar of Texas. Her primary area of practice is municipal
law.
Legal Employment History: Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - August 2002 to present.
--
George A. Staples, Jr.
'-10rn in Madisonville, Texas in 1940. He received his B.A. in Government from North Texas State
University and received his Juris Doctor from the University of Texas School of Law in 1965. He began
his practice in 1965 as an assistant city attorney for the City of Lubbock. He practiced in Victoria from
1968-1971, and in Tarrant County since 1971. He was executive director of the Golden Crescent Council
of Governments from 1969-1970. Mr. Staples is admitted to practice before the Texas Supreme Court, the
Northern, Eastern and Southern Districts of Texas, the Fifth Circuit Court of Appeals and the United States
Supreme Court. He has served as Director of the Texas City Attorneys Association and a member of the
Advisory Board of the Municipal Legal Studies Center of the Southwestern Legal Foundation. Mr. Staples
is city attorney for six cities, and defends other cities and public officials in litigation involving civil rights,
personnel actions, eminent domain, zoning and other issues.
LEGAL ASSIST ANTS
Teresa M. Little
Born in Freeport, Illinois. Ms. Little obtained her Paralegal Certificate from the University of Texas at
Arlington, Texas, in 1997. She has been involved primarily in civil litigation in the areas of Medical
Malpractice, Insurance Defense and Products Liability, and has experience in Municipal, Employment and
Corporate Law.
-
.....,egal Employment History: Law Offices of J.M. "Mike" Lee - 1990 to 1994; Cantey & Hanger, P.C. - 1994
to 1995; Decker, Jones, McMackin, McClane, Hall & Bates - 1995 to 1998; Taylor, Olson, Adkins, Sralla
& Elam, L.L.P. - February 1998 to present.
Patricia H. Rainwater
Born in Shreveport, Louisiana. Ms. Rainwater attended the University of North Texas, Denton, Texas, and
received a Bachelor of Arts in 1970 in History and Speech. In 1977, she obtained a Master of Arts in
History and English from the University of North Texas where she was also a member of Phi Alpha Theta,
national graduate history honor society, and held a Graduate Teaching Fellowship in history. Additionally,
Ms. Rainwater completed course work in the Ph.D. program at the University of North Texas. As a legal
assistant, Ms. Rainwater has been involved primarily in the areas of corporate/securities, tax, contracts,
commercial litigation, real estate, probate, and estate planning.
Legal Employment History: McGown, Godfrey, Decker, et al.-February 1980 to August 1987; Kelly, Hart
& Hallman-December 1987 to November 1990; Jackson & Walker-November 1990 to December 1995;
Fielding, Barrett & Taylor, L.L.P. - December 1995 to June 1997; Taylor, Olson, Adkins, Sralla & Elam,
L.L.P. - July 1, 1997 to present.
-
Harriet S. Siek
,-
Born in Sturgis, Michigan. Ms. Siek obtained a RA. degree and a REd. from Adrian College, Adrian
Michigan in 1968. She received her Legal Assistant Certification from the Institute for Paralegal Studies
in 1988. She is a member of the Fort Worth Paralegal Association. Ms. Siek has been involved primarily
in the areas of Municipal, Real Estate, Bankruptcy, Corporate and Family Law.
Legal Employment History: Staples & Hampton, P.C.-1987 to 1994; Sharon Amato, P.C.-1994 to 1996;
Fielding, Barrett & Taylor, L.L.P.-ApriI1996 to June 1997; Taylor, Olson, Adkins, Sralla& Elam, L.L.P.
-July 1, 1997 to present.
Melanie H. Tell
Born in Cleburne, Texas, Ms. Tell attended Howard Payne University and the University of Texas at Austin,
from 1992-1996. She has been involved primarily in civil litigation in the areas of Personal Injury,
Insurance Intervention, Employment and Products Liability.
Legal Employment History: Billie J. Ticknor, P.C. - 1999 to 2003; Taylor, Olson, Adkins, Sralla & Elam,
L.L.P. - July 2003 to present.
-
-
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REPRESENT A TIVE CLIENTS
City of Springtown
City of West worth Village
A TC Distribution Group, Inc.
Bishop Engine & Automatic, Inc.
Bowie I S D
Dalworth Technologies, Inc.
Dallas MetroCare Services
Fort Worth IS D
Helen Farabee Regional MHMR Centers
Hunt County MHMR
Johnson County Central Appraisal District
Joshua IS D
Longhorn Dodge, Inc.
Lubbock Regional MHMR Center
Mental Health Mental Retardation Tarrant County
Navarro County
Ponder I S D
Southwest Bank
Standard Hardware, Inc.
Tarrant County College District
Tarrant County Workforce Development Board
Tarrant Regional Water District
Texas Council MHMR
Texas Council Risk Management Fund
Texas Municipal League Risk Fund
Texas Water Conservation Association Risk
Management Fund
Twin City Poultry Company
Wheat Lumber Company
City of Aledo
City of Alvarado
Town of Annetta
City of Annetta South
City of Azle
City of Benbrook
City of Blue Mound
City of Boyd
City of Bridgeport
City of Burleson
City of Clebume
City of Corinth
City of Edgecliff Village
City of Everman
,,-
~'own of Fairview
City of Granbury
City of Haltom City
City of Haslet
City of Kennedale
City of Lake Worth
City of Mansfield
City of Newark
City of North Richland Hills
City of Ovilla
City of Pelican Bay
City of Red Oak
City of Reno
City of Richland Hills
-
::ity of River Oaks
City of Southlake
r'
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(0)
CHRIS VICKERS& ASSOCIATES
ATTORNEYS ANO COUNSELORS AT LAW
A PROFESSIONAL LIMITED UABILlTY COMPANY
-
6226 COLLEYVILLE BLVD., SUITE B
COLLEYVILLE. TEXAS 76034
HI7.421.3961 TEL
H 17.251.0505 FAX
January 13, 2005
VIA HAND DELIVERY
Colleyville City Council
100 Main Street
Colleyville, Texas 76034
Re: Proposal For Legal Services - City ofColleyville, Texas
Dear Council Members:
Please consider the following proposal for legal services:
Summary: Chris Vickers & Associates is a five lawyer firm which concentrates on the
niche areas of business and estate lawl. Our experience and dedication has fostered
excellence which I believe would be invaluable to the City of Colleyville.
.-
Our main office is in Colleyville, but only nine percent of our clients have a Colleyville
address. We do not advertise and over ninety-five percent of our clients are referrals. We
do not have an ad in the yellow pages. We do however have the strength, experience, and
focus to deliver highly responsive, insightful and efficient counsel and representation to
our clients.
It has been my experience that most people are dissatisfied with their legal representation.
They complain that their lawyers are seemingly incapable of providing meaningful
assistance in quantifying and qualifying the risks, alternatives, and downstream costs
associated with legal decisions. They further complain that their lawyers are
inexperienced and unaware of their operations and thus are ineffective or incapable of
integrating legal counsel with vital objectives. Lastly, they complain that the cost of their
legal counsel outweighs the value delivered. Since its founding, the goal of this firm has
been to provide legal counsel that addresses these concerns, and we have established an
excellent reputation by doing so.
Two of the firm's attorneys have experience representing governmental entItles but
representation of governmental entities has not been a focus area of the firm. I do not
view this as a disadvantage. Rather, I believe our focus on rapid growth businesses has
1 Any certificates of special competence in a particular area of law, which have been awarded by the Texas Board of
Legal Specialization are specifically described in the attached biographies. All Attorneys are licensed by the
Supreme Court of Texas.
Proposal for Legal Services - City of Colleyville
Page 10f6
made us more perceptive, more responsive, and has armed us with greater insight and
experience of the "boots on the ground" concerns that a governmental body is elected to
promote and protect. Accordingly, I would offer that our firm is uniquely able to view
issues from the bottom up, as opposed to the traditional top down.
Statement of Oualifications: I started the firm in May of 2000. It has undergone rapid
growth and currently maintains a staff of four associate and one of-counsel attorneys. We
are presently negotiating for the addition of a fifth staff attorney and planning expansion
of our Colleyville office. We have one legal assistant. Our attorneys range from four and
one-half years to over twenty years practice experience. Two of our attorneys have
experience representing governmental entities.
Firm Resources: The firm's main office is at 6226 Colleyville Boulevard., Suite B. We
maintain satellite offices for client meetings in Dallas, Fort Worth, Richardson, Frisco,
Las Colinas and Piano. The firm moved to its current site in September of 2002. It was
previously located at 2250 West Highway 114, Suite 400, Grapevine, Texas 76051.
Municioal Liti2ation Exoerience: At present, over half of the firm's workload is
commercial litigation. All of our attorneys have first chair trial experience. Mark
Zimmermann is board certified in civil trial law and Marguerite Broussard has a
published appellate case. Tracy Kempf was an assistant county prosecutor for Denton
County and has substantial experience prosecuting criminal matters. As it has not been
necessary, neither our attorneys nor the firm are approved as defense counsel by the
Texas Municipal League Risk Pool.
-
Service Philosoohv: It has been my experience that mediocrity has a comfortable home
in the legal services industry. In large part this was my motivation for the creation of our
firm. We have distinguished ourselves from other firms in a number of ways. First, we
are keenly aware of the difference between solving a problem and winning a fight. Most
of our attorney brethren blur this distinction. As a result, their clients "win" lawsuits that
could and should have been avoided or terminated at an early stage. We speak clearly,
communicate well, and strive to present complex legal issues to our clients in a manner
that is easily understood. We are never satisfied, never complacent, and never quit
seeking to improve our service. Lastly, we consider value, not time to be the primary
factor in our billing.
Method of Service: Chris Vickers retains overall responsibility for all matters handled
by the firm. When involvement of staff attorneys is necessary or would be of benefit to
the City, Mr. Vickers may be expected to assign specific matters to our staff attorneys
based upon their expertise, experience and current caseload. With few exceptions, Mr.
Vickers would be available at all times to the City Council, City Manager, and staff It
helps that COlleyville's City Hall is four minutes from our office and ten minutes from
Mr. Vickers's residence in Grapevine.
If this firm were to represent the City, we believe that we would provide highly informed,
highly participative, but coldly objective legal counsel. We would provide timely,
Proposal for Legal Services - City of Colleyville
Page 2 of6
accurate, and insightful legal opinions. Furthermore, we would focus on anticipating legal
issues before they arise and assist City officials in the elimination or minimization of
those dangers before they become news.
We believe that the greatest challenge is the economical and effective resolution of legal
disputes. To the degree that attorneys are incapable or unsuccessful in forming and
executing successful litigation strategies, their clients suffer the expense and angst of
protracted litigation. Creative settlement strategies and strategic deterrence are key. When
they are skillfully employed, the combination of overwhelming force coupled with
creative settlement efforts can quickly and economically resolve legal disputes. Our firm
has established an excellent reputation in this regard and I believe that our trial advocacy
skills would be of substantial value to the City.
Assitmed Personnel:
CHRISTOPHER VICKERS
Mr. Vickers has received a Bachelor of Science degree from South Dakota State
University; a Master of Business Administration from the University of South
Dakota; and a Juris Doctorate from Texas Wesleyan University School of Law.
As a law student, Mr. Vickers won top honors in moot court trial competition and
competed in a number of regional ABA court competitions, again receiving
honors.
After completing his undergraduate studies, Mr. Vickers served in the U.S. Army
as a chemical and nuclear weapons officer and Platoon Leader in the United
States and Germany. During his service, he earned Air Assault wings and was
awarded two Army Achievement Medals. After returning to civilian life and
completing graduate business school, he was recruited by Miles Biotechnology
and later BASF. Mr. Vickers worked in a series of progressive positions with a
primary emphasis on business evaluation and development of emerging
technologies in the specialty chemical industry. Having achieved his corporate
goals, he left BASF and founded the firm that bears his name today.
In addition to his skills as a lawyer, Mr. Vickers has over 15 years of experience
in consultive business development, project management, business valuation, and
business negotiations, He has excelled and trained others in these vital business
skills both in the U.S. and abroad.
MARGUERITE BROUSSARD
Ms. Broussard received a Bachelor of Arts in English and Foreign Languages at
Baylor University, where she graduated Phi Beta Kappa as both a University
Scholar and Honors Program graduate. She attended law school at the University
of Oklahoma College of Law. As a student, she received an American
Jurisprudence Award for legal research and writing and was a member of the Law
Review. Ms. Broussard graduated with distinction.
Proposal for Legal Services - City of Colleyville
Page 3 of6
After graduating from law school, Ms. Broussard was recruited as an associate in
a Dallas commercial litigation firm. During the next eight years she acquired a
broad practice experience, but continued her focus on commercial litigation with
specific emphasis on business torts and mechanic's lien disputes. Ms. Broussard
currently litigates cases in Texas state courts in Dallas, Tarrant and Denton
Counties and is admitted to practice before the United States District Courts for
the Northern and Eastern Districts of Texas.
TRACY KEMPF
Ms. Kempf received a Bachelor of Arts in Public Justice and Political Science at
St. Mary's University. She attended law school at Texas Wesleyan University
School of Law.
After graduating law school Ms. Kempf became an associate attorney for a Dallas
firm specializing in complex trust and estate matters. She later accepted a position
as an Assistant District Attorney in Denton County District Attorney's office,
where she maintained a heavy caseload prosecuting a wide variety of civil and
criminal cases.
Ms. Kempf brings extensive trial experience in both civil and criminal law and is
experienced in handling a variety of trust and estate matters. She possesses strong
transactional and litigation skills and is a vital member of the firm.
JEAN SISKA
Ms. Siska is a graduate of the University of Michigan and the Detroit College of
Law at Michigan State University. She was a member of Law Review and two
award wining Moot Court teams, while maintaining her position on the Dean's
List. She also received the American Jurisprudence Award in Decedent's Estates.
Ms. Siska has been practicing law since 1990. Prior to joining the firm, she
practiced law in Michigan and Las Vegas, Nevada. She has represented clients in
a full range of legal services related to closely held businesses and their
principals. A litigator, Jean is experienced in commercial litigation including
construction law, defective construction claims, resolution of lien, contract and
insurance coverage issues. Additionally, she has represented the interests of a
variety of business and individuals in the defense of personal injury claims.
MARK ZIMMERMANN
Mark Zimmermann serves as of counsel to our firm. He attended law school at the
University of Virginia where he graduated Phi Beta Kappa, and a University
Scholar.
Mr. Zimmermann began his career as counsel for the Office of General Counsel at
the Department of Housing and Urban Development in Washington, D.C. He later
served as the Assistant General Counsel for Real Estate at the Federal Home Loan
Mortgage Corporation in Washington, D.C. and as an Assistant United States
Proposal for Legal Services - City of Colleyville
Page 4 of6
-
Attorney for the Western District of Missouri in Kansas City, Missouri. He has
represented the United States in numerous civil and criminal cases, appearing
frequently in federal district court and before the Eighth Circuit Court of Appeals.
He left the U.S. Attorneys office in 1984 to accept a position with Shank, Irwin,
& Conant in Dallas, Texas, and later litigation director at Baker, Glast &
Middleton, P.C., also in Dallas, Texas. Mr. Zimmermann co-founded Turner,
Dealey & Zimmermann in Dallas in 1992 and remains a partner concentrating on
complex commercial and intellectual property litigation to this day.
Mr. Zimmermann has served as an instructor at the Attorney General's Advocacy
Institute in Washington, D.C., and as an Adjunct Professor of Law in Trial
Advocacy at Southern Methodist University's Dedman School of Law in Dallas,
Texas. He is presently an Adjunct Professor of Law for Trial Advocacy at Texas
Wesleyan University School of Law in Fort Worth, Texas, and is an instructor at
the National Institute of Trial Advocacy in Dallas, Texas. He was nominated by
Texas Wesleyan University School of Law for the Roscoe Pound Foundation
Award, and received the Texas Wesleyan Distinguished Adjunct Professor of the
Year Award in 2003.
Mr. Zimmermann is Board Certified by the Texas Board of Legal Specialization
in Civil Trial Law. He is licensed to practice before the Northern District of
Texas, Western District of Missouri, Fifth and Eighth Circuit Courts of Appeal
and the United States Supreme Court. His bar memberships include the Dallas
Bar Association, State Bar of Texas, State Bar of Missouri and District of
Columbia Bar. Mr. Zimmermann's published writings include "Why It's Not
Called D'hUD," Case and Comment, 1979; "The Prosecutor's Blue Suit," Case
and Comment, 1983; "Pink Eggs," Dallas Morning News Magazine, 1985; and
"The Collateral Source Rule - Yea or Nay," Texas Lawyer, December 1996.
MuniciDaI Client List and References: Neither the firm nor any of the attorneys in our
firm currently represent municipal clients.
Transition Coordination: Ideally, it would be helpful if the outgoing City Attorney
could be retained in an advisory capacity until such time as critical institutional
knowledge is transferred and active cases and advisory matters are secured. As soon as
these objectives are met, the transition is complete.
Fee Structure: Our fee proposal is as follows:
Retainer: None
Hourly Fees: $200 per hour, billed in ten minute increments for Chris Vickers,
Marguerite Broussard, Tracy Kempf, or Jean Siska. $240 per hour,
billed in ten minute increments for Mark Zimmermann.
Proposal for Legal Services - City of Colleyville
Page 5 of6
Travel time is billable at one-half the hourly rate.
~
Costs:
We will estimate court costs, filing fees, and related external
expenses whenever possible. We may bill for various internal costs
[including but not limited to: legal research costs, certified mailing
($15); faxes and photocopies ($.20/page); long distance phone
calls (actual cost)], which may be paid or incurred by Attorneys in
connection with Client's representation. In no event shall
Attorneys be liable for any expenses.
Conflict of Interest Statement: If Chris Vickers & Associates, PLLC undertakes
representation of the City of Colleyville I agree not to undertake any representation of
any person or entity in any matter adverse to the City. This firm does not represent any
adjoining or neighboring municipality to the City of Colleyville or any other entity within
Tarrant County.
I trust that my application has been informative and look forward to meeting with the City
Council soon.
Sincerely,
#~
io'-'
Christopher T. Vickers, MBA, JD
CTV Ijmc
Proposal for Legal Services - City of Colleyville
Page 6 of6
CITY ATTORNEY PROPOSAL
To:
From:
Subject:
Date:
Bill Lindley, City Manager
Alan C. Wayland, Attorney Law Offices of Alan C. Wayland
City of Colleyville Request for Proposal - City Attorney
January 12,2005
Please accept the following as a response by Alan C. Wayland (the "Attorney") to the City of
Colleyville's (the "City") City Attorney Services Request for Proposals.
PROPOSED ATTORNEY/TEAM:
1. Alan C. Wayland has represented municipalities in both state and federal trial and appellate
litigation, as well as transactional matters for the past fourteen years.
2. Alan C. Wayland will be lead City Attorney and will arrange any additional legal
representation as required and directed by the City Council.
3. A firm resume of Alan C. Wayland is attached..
PROPOSED FEE STRUCTURE:
1. (a) Compensation package to the Attorney inclusive of all service costs on an hourly basis
billable in ten minute increments: $125.00 per hour.
(b) In the alternative, a flat rate per month of $2,000.00 per month to the Attorney, to include
attendance at all city council, planning and zoning, board of adjustment meetings and
municipal court session(s) as well as an additional two hours every week (or four hours every
other week) to be available to the city council and staff for review of contracts, proposed
ordinances, and any other city business performable during the city attorney hours (office
space and equipment to be made available at a City location), it is anticipated that the flat fee
would allow for four hours per week of attorney services or 200 hours annually, with any
additional time to be billed to the City monthly at $125.00 per hour in ten minute increments.
(c) Contract to be automatically renewed for successive one year periods, unless thirty days
notice is provided to the other party.
2. Extraordinary services would be any services that would not ordinarily be covered by a City
Attorney, i.e. bond attorn'ey issues, catastrophic injuries or death, etc. as the City and
Attomey agree should be handled by special counsel. The rate of compensation in
extraordinary services situations would be as negotiated and agreed to by outside counsel.
3. Expenses, such as mileage and word processing fees, are included in the Attorney's services.
Reimbursable items would be filing fees and fees that would ordinarily be paid by the City,
such as postage, court reporter fees, outside copy services, etc.
ACCESSIBILITY AND RESPONSIVENESS:
1. The relationship between the City Attorney and the City Council and the City Manager
would be one of direct and immediate accessibility. The role of the City Attorney is to
provide legal guidance and opinions, but not make administrative or legislative decisions.
J
Bill Lindley
Page 2
January 12.2005
The Attorney will provide accurate and reliable responses in as timely a fashion as possible
to allow the City Council and City Manager to have the requested information to make an
informed decision.
2. The standard time frame for responses by the City Attorney to direction and inquiry from the
City Councilor City Manager would be usually the same day for requests received by
telephone or electronic mail. Issues that require additional research or drafting of a response
or pleadings would be usually within two to five days depending upon the complexity of the
Issue.
3. The Attorney's current workload would accommodate the City's legal demands with the
City's requests receiving the highest priority.
CONFLICT OF INTEREST STATEMENT:
1. The Attorney neither represents nor has represented any client which representation might
conflict with the ability of the Attorney to serve as City Attorney.
2. The Attorney does not currently represent any real estate development, interest, or company
that currently or is anticipating conducting business within the City.
3. The Attorney does not accept representation from individuals or entities whose interests
conflict with municipalities; however, if such a conflict ever arose it would be fully disclosed
to both the City and the other party with a substitute brought in if necessary.
REFERENCES:
Brad Neighbor
First Assistant City Attorney
P.O. Box 469002
Garland, Texas 75046-9002
(972) 205-2384
Kenneth Whiteley
Attorney
601 Summertree Court
Colleyville, Texas 76034
(817) 498-1130
Tim Murphy
Attorney
53 Devonshire
Bedford, Texas 76021
(817) 267 -5066
Kevin Jones
Mayor, Marshall Creek
P.O. Box 1070
Roanoke, Texas 76262
(817) 925-7659
Jeanie Roumell
Court Clerk
749 Ranch Road
F ort Worth, Texas 76131
(817) 743-4703
J
ALAN
c.
Attorney At Law
'WAVLAND
433 E. Northll'esl Highll'dY . P.O. Box 2714 . Grapel'ille . Texas. 76099-2714 . office (817) 488-6488 . facsimile (817) 481-4696
PROFESSIONAL
EXPERIENCE
APril 1994 to present
Attorney, Law Office of Alan C. Wayland
Grapevine, Texas
Prim",y emph"sis in municip"ll"w combine"! with select general
pra..:ticc. Representative clients include:
Citie'5 of Argyle. Be"lford, C-;arland, Hurst, Irving, Keller,
Marshall Cl'L'ek, :-.lorth ~idlland Hills, Westlake and
\'('hite Settlement, Also lllllepellllent Builders, In"-;
Justin See,l Company, Inc. Pee aHorney for Blue Star Title.
janllary 2004 10 presml
Adjunct Faculty in Real Estate Dept.
Tarrant County College
North East Campus
pumlamentals of ~eal Estate Inwstment
~eal Estate Mathematics
OclfJber 2001 10 presenl
of Counsel to Boyle and Lowry, L.L.P.
AlIgml 1991 10 APril 1994
Assistant City Attorney
GarlanJ, Texas
Principal assistant in litigation and appeals, Section 1983
a..:lioll:;, ct11inenl donlain proceedings (as u'121! as inL'crsc condt?m-
nalio/l ,{efense), tort claims defense ife,{era! and slale), police
disciplinary pr()C,-~(ling'S, ctllploynll.~nt matters/ various real estate
agreements, bankrnptcy conlests, trademark prosecution, drafted
cluJ rc\'icwcd l'ompromi::::c scttlct11cnt agrcCt11cnts, deeds,
contra~ts, dl1<1 position papers. Legal advisor and liti~ation
defense for Employment, Housing, Code Enforcement, Library,
and Animal Control Departments.
j lily 1990 10 l\l(lrch 1991
Associate Attorney, Hammerle & Associates
Lewisville/Denron, Tex,L'
Primarily I'L'sponsible for new dient intakl' in Lewis\~lle o[[ice.
General pradi(:~ witb ('nlpb~1~i5 on litigation. Collection attorney
for finn inclU(lin~ foredosll res. Developed finn dient base and
as':iistcd all aHQITlcyS in V31;OU5 nlath~l:: including nUlnicipal
clients.
SePlember 1989 to}uly 1990
Attorney, Law Office of Alan C. Wayland
Grapevine, Tex.lS
General law practi..:C' for twenty clients including [our bu~incs5c.s.
Assisted \,\'illiam T. Engle, Jr. with institutional. bank and
corporate die'nts as well as se'Cond chair in appeals and trials.
Augusl 1988 to September 1989
Associate Landman,
Atlantic Richfield Company (ARCO)
Bakersfield, California
~esponsJJle for lease negotiation and acquisition, rigl,ts-of-way,
contract drafting and title searches. Assistecl in acquisition of
Tenneco We'5t ($61.)(J mi/!i,,,, purchase). Heavy emphasis in real
estale law.
Summer 1986 (l1ld 1987
Law Clerk, Texas Employment Commission
Austin, Texas
Analyze,l and briek"l appellate hearings for Commissioners.
Extensive exposure to lalx)!> law issues.
LICENSES
AND
PROFESSIONAL
AFFILIATIONS
.Texas Bar: 1989;
Fellow- College of the State Bar
. American Bar A"sociation
. United States ~orll,em Dishict of Texas, 1990
. [lnited States Eastern District of Texas, 1991.
. Tarrant County Bar Association Member
. Texas City AttolTleys Association
LEG A L
EDUCATION
J.D. Degree
SI. ,\1ary'" Universily 0/ San Anloni,', 1988
. St. ~Iary's Law J'>UlTlal
. ~esearch and \'\\iting Teaching Assistant
. Legal Assistant to Probsor Gerry W. Beyer
PRE-LA\N
EDUCATION
Bachclor of Arts Degree, Government.
The Universily 0/ Texa" at jlustin, 1984.
Higl, School Diploma
SoulMake Carro/! High Sch",,1, 1980.
References available on request.
J
MEMORANDUM
TO: Mayor and Councilmembers
FROM: Cynthia Singleton, City Secretary ~~:...,
DATE: January 13, 2005
SUBJECT: Request for Proposals for Legal Services
The City Secretary's office received and opened four pieces of mail that were not identified
as a response to the Request for Proposal for legal services. Copies are being provided for
your review.
Tamika Jones Abendroth
18949 Marsh Lane Apt. 1323-Dallas, Texas 75287 - (972) 307-8854- tla76@hotmail.com
January 7, 2005
City of Colleyville
City Secretary
100 Main Street
Colleyville, TX 76034
A TfN: Ms. Cynthia Singleton, City Secretary
Dear Ms. Singleton:
I am pleased to learn that your office is still accepting applications for an attorney. I have a strong
interest in municipal law and request an opportunity to speak with you about the,position.
In the summer of 2002, I served as a law clerk for the Honorable Dianne Jones in Dallas County
Criminal Court 11 and during the spring of 2003, I worked as an intern in the Felony Child Abuse
Division of the Dallas County District Attorney's Office. Ibis invaluable legal experience
strengthened my ability to conduct practical research and produce concise legal writing. Additionally,
the hands-on nature of my experiences allowed me to analyze actual cases and formulate legal
opinions. under the supervision of practicing professionals. My clerkship and interDship provided a
thorough knowledge of court processes and enhanced my ability to analyze cases and communicate
my ideas to a diverse group of people. I am eager to use the skills I have acquired to serve my
community.
Furthermore, my legal experiences have strengthened my trial advocacy skills and enhanced my
desire to work on behalf of the community. I understand that the position requires a person to be a
self-starter and a quick learner - qualities that I possess. I feel that the combination of my experiences
and my strong desire to serve make me an excellent candidate for this position. .
I have attached my resume for your review. I look forward to speaking with you to discuss this
opportunity and to provide any additional information you may need. Thank you for your
consideration.
J'tlY,
Tamika Jones Abendroth
18949 Marsh Lane Apt. 1323 -Dallas, Texas 75287 - (972) 307-8854 - tja76@hotmail.com
EDUCATION
Texas Wesleyan School of Law
Juris Doctorate
. Graduated Top 23%
. Dean's List: Spring 2003, Fall 2003, and Spring 2004
. Founded "Texas Wesleyan Law Fellowship," funding the performance of public interest work by law students
. Phi Delta Phi International Legal Fraternity: Magister; Selected "OffICer of the Year" 2003-2004
. Black Law Students Association: Parliamentarian 2003-2004; Secretary 2002-2003
. Moot Court Honor Society: Public Relations Committee Chair
. Academic Support Teaching Assistant: 2002, 2003, 2004
. Dallas County District Attorney's Office, Felony Child Abuse Division: Extern Spring 2003
Fort Worth, Texas
May 2004
University of Texas at Dallas Richardson, Texas
B.A. in Interdisciplinary Studies with Concentration in Business Management and Human Development May 1999
. Intern to the Dean of Students
. University Programming Board in Student Services: Executive Coordinator/Special Events Coordinator
LICENSES
. Admitted to Texas Bar November 5, 2004
. Credentialed Mediator
EXPERIENCE
Knowles Legal Publishing Fort Worth, Texas
Legal Researcher January 2004 - May 2004
. Performed comprehensive legal research to ensure current and accurate legal publications
. Edited citations to comply with proper Bluebook and Texas Rules of Form formats
Jane's Due Process
Law Clerk
. Authored 50-page publication detailing Texas law for public interest clients
. Conducted legal research in preparation for trial arguments
Austin, Texas
Summer 2003
The Honorable Judge Dianne Jones, County Criminal Court 11
Law Clerk
. Researched and prepared legal memoranda on domestic violence and family law cases
. Prepared case analysis and presentation materials for domestic relations seminars
Dallas, Texas
Summer 2002
Center for Nonprofit Management Dallas, Texas
Program Assistant, Training and Collaboration Services June 2000 - January 2001
. Organized special events, facilitated registration, and coordinated meetings for various programs
Americorps
Lead Tutor
. Supervised 13 "Reading One To One" tutors
. Instructed inner-city elementary students in reading program
Richardson. Texas
September 1999 - August 2000
ADDITIONAL SKILLS I PRO BONO
. Participated in Street Law Pro Bono Project at William Jahms..Ntidple School
. Participated in Pro Bono Project at AIDS Outreach
---------
tamika Jones Abendroth
18800 Lina Street Apt. 314 - Dallas, Texas 75287 - (972) 306-0204 - tia76@hotmail.com
REFERENCES
Kathy Chapman
Assistant Dean of Career Services &
Alumni Relations
TWU School of Law
1515 Commerce Street
Fort Worth, Texas 76102
(817) 212-4050
Stephanie Marshall
Editor in Chief7 Legal Counsel
Knowles Publishing
5535 Airport Freeway
Fort Worth, Texas 76117
(817) 838-0202
Patti Turner
Assistant Dean for Student Affairs
TWU School of Law
1515 Commerce Street
Fort Worth, Texas 76102
(817) 212-4020
Additional references available upon request.
MICHAEL B_ GARY
24210 Rain Creek Drive
Tomball, Texas 77375
Telephone: (281) 351-4242
Email: m.b.gary@worldnet.att.net
January 4, 2005
City Secretary
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Attorney position.
Dear City Secretary:
I have litigation experience from general practice law firms and transactional experience from
corporations and government agencies. I also have an LL.M from the University of Houston Law
Center and a J.D. from South Texas College of Law in Houston. In addition, I have extensive
experience and formal corporate training in financial analysis. I would therefore like to apply for an
Attorney position with the City of Colleyville.
Enclosed, please find a copy of my resume. If you need any further information or if I can be of
assistance, please do not hesitate to contact me. My contact information is included at the top of the
page and on the enclosed resume. Thank you for your time and consideration.
Best regards,
~o-J IJh
Michael B. Gary 7
enclosure:
MICHAEL B. GARY
24210 Rain Creek Drive
Tomball, Texas 77375
Telephone: (281) 351-4242
Email: m.b.gary@worldnet.att.net
EXPERIENCE and EDUCATION
ChevronTexaco Worldwide Gasification Technology, Inc. (Houston, Texas)
Contract Analvst [Independent Contractor] (July 2003 to July 2004):
Transaction team member for disposition of proprietary technologies, strategic business units and foreign partnerships. Responsible for internal
due diligence of a petrochemical license and contract portfolio consisting of over 3000 agreements. Specific responsibilities include: analysis,
interpretation and resolution of issues pertaining to contractual terms & conditions, obligations and requirements. Duties also included interfacing
with portfolio team managers, in-house counsel, outside counsel, joint venture officers and licensees.
University of Houston Law Center (Houston, Texas)
Moster ofLaws (LL.M) in Taxation Law. (January 2002 to Matriculation in May 2003); 3.37 GPA.
Michael B. Gary, P.e. dba Law Offices of Michael Gary (Tomball, Texas)
Attornev. Solo Practitioner (August 2000 to December 2001):
General practice and contract work;
. American Tower Corporation (Houston, Texas)
Contract Attomev (March 2001 to September 2001):
Internal due diligence, legal review and system audit of commercial real property lease and license agreements.
Minor & Jester (Denton, Texas)
Attornev (August 1999 to February 2000):
Responsible for management of 50 + case files in a general litigation law firm. Areas of practice included: real estate acquisitions and litigation;
contracts and corporate law; general civil law; criminal defense; and family law.
U.S. Small Business Administration (Fort Worth, Texas)
~rney (November 1998 to August 1999):
Responsible for management of 100 + case files for a federal disaster assistance program, spanning a 15 state region of the U.S. Duties included:
acquisition and disposition of real property; the attachment and perfection of liens; reviewing real estate chains of title; reviewing drafts of
secured loan agreements; disbursing loan funds and interfacing with disaster victims and/or their representatives.
Law Offices of Sandra Barbeau (Arlington, Texas)
Law Clerk (June 1998 to November 1998). Responsible for discovery and pre-trial motion practice in a general litigation firm.
Licensed:
Attorney, State of Texas, November 1997.
Abraham, Watkins, Nichols, Sorrels, Matthews & Friend (Houston, Texas)
Law Clerk (August 1997 to October 1997). Responsible for discovery and pre-trial motion practice for lender liability case.
South Texas College of Law (Houston, Texas)
Doctor of Jurisprudence (J.D.), (August 1994 to Matriculation in May 1997); 2.637 GPA.
BANK ONE, Texas N.A. (Arlington, Texas)
Business Lender (June 1993 to April 1994):
Responsible for management of a $2.7 million small business commercial loan portfolio of over 40 customer relationships.
Credit Analvst (March 1990 to June 1993):
Responsible for financial analysis of commercial loan portfolio and formal written reports for senior state and regional corporate management.
Unit Leader (June 1987 to March 1990):
Supervised tellers in motor bank facilities.
Formal Training:
. BANK ONE Texas' Financial Analysis and Credit Training Program;
. Omega's Commercial Loans to Businesses; and
. BANK ONE Texas' Advanced Financial Analysis.
university of Tens at Arlington (Arlington, Texas)
Bachelor of Business Administration (B.B.A.), Matriculation in December 1988; 2.35 GPA.
REFERENCES:
Available upon request.
January 3, 2005
City Secretary
City of Colleyville
100 Main Street
Colleyville, TX 76034
Dear Madam or Sir,
My name is Michael J. Hammond and would like to submit my resume for
consideration for the attorney position with the City of Colleyville. I am a 2004
graduate of Texas Wesleyan School of Law and a member of the Texas State Bar
Association. The majority of my electives in law school were spent devoted to
criminal law and believe that I could contribute very quickly. I am a very goal-oriented
and organized person and feel that I could be an asset to the City of Colleyville. If I
can provide any additional information or material, please do not hesitate to contact
me. I thank you in advance for your time and consideration and look forward to
hearing from you soon.
Sincerely,
Michael J. Hammond
8830 Saddlehorn #275
Irving, TX 75063
(972) 409-5956
Michael J. Hammond
8830 Saddlehom #275 Irving, Texas 75063
972-409-5956 (home) 214-450-2392 (cellular)
Education
Juris Doctor
Texas Wesleyan University School of Law, Fort Worth, Texas
. Wesleyan Law Republicans - President, 2003-2004
. Abraham Lincoln Leadership Award, 2004
. Student Bar Association - Health Insurance Subcommittee
. Street Law Mentoring Program
. Volunteer - National Adoption Day
. State Bar of Texas - Member, Law Student Division
. lL Moot Court Competition - Semifinalist
May 2004
Bachelor of Liberal Arts
The University of Texas at Arlington
. Major: Political Science
. Minor: Business Administration
May 2001
Experience
Perdue, Brandon, Fielder, Collins and Mort, LLP., Arlington, TX 06/03-Present
. Law Clerk
Work with supervising attorney in representing cities and school districts in and around
1he Dallas-Fort Worth metroplex in the collection of delinquent property taxes; use
numerous research tools to locate and contact taxpayers nationwide; structure appropriate
payment schedUles with taxpayers and recommend others for foreclosure proceedings
Diagnostic Health Services Ine., Irving TX
06/97-08/03
. Scheduling Coordinator 06/97-08/03
Coordinated schedules for over 60 ultrasound and nuclear medicine technologists;
fielded phone calls from hospitals and doctors' offices throughout Texas and Oklahoma
and scheduled patients for medical imaging procedures; ordered and ensured timely
delivery of radiopharmaceuticals; informed patients of proper preparation techniques for
ordered procedures; collected and processed billing information; designed and
implemented various productivity reports and education materials
. HIP AA Compliance Assistant 12102-4/03
Assisted Chief Operating Officer in researching federal regulations under the Health
Insurance Portability and Accountability Act of 1996 and developed corporate policies
and procedures to ensure proper compliance companywide
. Productivity Assessment 07/01-12/02
Extracted daily billing data for ultrasound and nuclear medicine technologists;
transcribed raw data from billing system to formatted Microsoft Excel to provide division
manager with an accurate depiction of employee productivity
. EEG (Electroencephalogram) Technologist: 10/97-05/98
Traveled to hospitals in and around the DallasIFort Worth metroplex with mobile
EEG machine; performed EEG's on patients with a wide variety of symptoms and
diagnoses; took patient histories along with a list of current medications; couriered
completed procedures to neurologists for final reading and interpretation
JOE MICHAEL RUSSELL
9007 ROYAL LANE. WOODWAY, TEXAS 76712.254-666-7509
JOE _ RUSSELL@BAYLOR.EDU
January 4,2005
City Secretary
City of Colleyville
100 Main Street
Colleyville, TX 76034
To Whom It May Concern:
I am interested in any possible Assistant City Attorney positions your office may
have. I graduated from Baylor Law School in November 2004 and passed the July 2004
bar exam. I am very interested in working as a prosecutor, and I believe my talents and
abilities acquired at Baylor, along with my work experience, would be of great benefit to
your office.
My commitment to criminal practice and trial work has been present since
entering law school. As my enclosed resume indicates, my experience and education
would enable me to make a substantial contribution to your office. Through internships
with McLennan County and Navarro County District Attorney's offices I was able to
gain a better understanding for criminal practice by helping screen cases and prepare
them for trial. Additionally, my education at Baylor has provided me with a thorough
knowledge and understanding of practice and procedure.
As previously stated, I am particularly interested in a position with the City of
Colleyville due to my desire to become a prosecutor. In my previous employment I was
able to gain some experience in the criminal field, which greatly stimulated my interest
not only in criminal practice but also trial work. Throughout my three years at Baylor
Law School I concentrated my classes on the study of criminal practice and I'm excited
about the opportunity to practice in this area.
I would appreciate the opportunity to explore my candidacy for employment with
your firm further. You may reach me at (254) 666-7509 or Joe_Russell@baylor.edu.
Thank you for your time and consideration.
Sincerely,
~~
Joe Russell
Enclosure
Joe Michael Russell
Current Address
9007 Royal Lane
Waco, TX 76712
(254) 666-7509
(214) 460-1539 cell
Joe _Russell@baylor.edu
Permanent Address
1717 Sycamore
Corsicana, TX 75110
(903) 872-5035
Education
Baylor University School of Law-Waco, Texas
Graduation: November 2004
Passed July 2004 Bar
-Class Rank: Top 33%
-Fall 2002 Moot Court Competition
-Finalist Bob and Karen Wortham Practice Court Competition
. 16 team mock trial competition, with teams made up from the
Spring/Summer 2004 Practice Court class
University of Texas at Arlington-Arlington, Texas
B.A. in History: December 2000
-Dean's List, Fall 2000
-Alpha Chi National Honor Society, Fall 2000
-Omicron Kappa Chapter Phi Alpha Theta, Spring 2000
-Golden Key National Honor Society, Spring 200.0
Emplovment
-McLennan County District Attorney's Office-Waco, Texas
Intern, Fall 2004
Duties:
. screened cases
. witness coordination
. researched legal issues
. assisted in trial preparation
. drafted subpoenas
-Navarro County District Attorney's Office-Corsicana, Texas
Intern, Summer 2003
Duties:
. researched post conviction motions for DNA testing
. responded to discovery requests
. drafted subpoenas
-Corsicana Country Club-Corsicana, Texas
Assistant Golf Professional, January 200 J - January 2002
References
1. William D. Underwood
_ Leon Jaworski Professor of Practice and Procedure, Baylor University
- Contact Number: 254-710-6621
2. Patrick Batchelor
- Section Chief; Dallas County District Attorney's Office
- Contact Number: 214-653-3600
3. Laurie Manske
- Assistant District Attorney, McLennan County
- Contact Number: 254-757-5084
4. Michael D. Morrison
- William J. Boswell Professor of Law, Baylor University
- Contact Number: 254-710-4064
5. Terry Means
- Federal District Judge- Fort Worth
- Contact Number: 817-850-6670
D~@~~~~~ ~I
- CITY SECRETARY'S
OFFICE
Matthew C. Wiebe
1531 S. Hwy 121 #2227
Lewisville, TX 75067
(972) 221-3503
January 11,2005
City Secretary
City of Colleyville
100 Main Street
Colleyville, TX 76034
Dear City Secretary,
I am a recent graduate from The University of Tulsa College of Law and received
my Juris Doctor degree in May 2004. I took the Texas Bar Examination in July and am
now licensed to practice law in Texas. I am interested in becoming a Municipal City
Prosecutor because of my interest in criminal law and prosecuting criminal cases while
gaining courtroom experience. Please consider my resume as an application for a
Municipal City Prosecutor position with your office.
This past summer I was employed as an intern with Philips Hopkins in Denton,
Texas. I gained valuable experience and skills drafting pleadings, discovery, and various
other documents while working with the civil litigation attorney. I was able to acquire
research and writing experience in areas of law including: civil litigation, family,
criminal and probate law. In addition, my experience as Candidates Editor on the Tulsa
J oumal of International & Comparative Law has necessitated the development of strong
oral and written communication skills. I am comfortable interacting and communicating
with all people. I also gained courtroom experience as a judicial intern for the Hon.
Gregory K. Frizzell in the Tulsa County District Court.
I have dedicated myself during undergraduate and law school to academic success
and I am active in several law school organizations. I attribute my accomplishments to
self-discipline, organization, a desire to meet goals, and continued growth.
I would like an opportunity to visit with you to see if my experience and abilities
would meet with your office's needs. Thank you for your consideration.
Sincerely,
pt1~ t- L-
Matthew C. Wiebe
Matthew C. Wiebe
1531 S. Hwy 121 #2227
Lewisville, TX 75067
(972) 221-3503
Education
!&.u!
The University of Tulsa College of Law, Tulsa, OK
Juris Doctor Degree, May 2004
GPA: 2.959 Class Rank: 62 out of168
ActivitiesIHonors
Tulsa Journal of Comparative and International Law
Candidates Editor
Publication: "Assassination in International and Domestic
Law: The Central Intelligence Agency, State
Sponsored Terrorism, and the Right of Self
Defense" TJCIL Volume 11.1
Phi Delta Phi Legal Fraternity
CALI Excellence For The Future Award: Employment
Law, Texas Civil Procedure
ABNBNA Award For Excellence: Labor and
Employment
Dean's Honor Roll: Fall2003
Judicial Intern for the Hon. Gregory K. Frizzell: Tulsa
County District Court
EmDlovment
U nder2raduate
Texas Tech University, Lubbock, TX
Bachelor of Arts, Political Science, December 2000
GPA: 3.44
ActivitiesIHonors
President's Honor Roll: 1 Semester
Dean's Honor Roll: 3 Semesters
Golden Key National Honor Society
Umpire for Little League Baseball
High school summer baseball team coach
Played baseball at Collin County Community College
Legal Intern, Philips Hopkins, Denton, TX
Conducted factual and legal research and prepared pleadings, motions,
and memoranda oflaw. Drafted correspondence, and discovery
requests and responses primarily in the areas of insurance, personal
injury, and products liability law.
May 2003 - August 2003
May 2002 - August 2002
January 2001- August 2001
Courier, Philips Hopkins, Denton, TX
Delivered documents to opposing counsel and clients, filed pleadings
and other court documents as necessary. Conducted limited factual
discovery. Performed various tasks as instructed by attorneys.
Assistant to Club Professional, Denton Country Club, Denton, TX
Initially employed as a caddie, handled the maintenance of golf carts,
bags, and driving range. Promoted to assistant to the Professional, with
responsibility for managing play on the course, golf staff, sale of
merchandise, and club repair.
August 1997 - January 1999
Cashier/Stocker, Winn-Dixie Supermarket, Denton, TX
Initially employed as a sacker, and promoted to cashier/stocker.
Responsibilities include: order frozen foods, dairy, and general
merchandise products, handle transactions, and customer satisfaction.
October 1991 - January 1996
LAW OFFICES OF
SHERIN THAWER, P.C.
FIDELITY NATIONAL TITLE
VALLEY RANCH
The
Offices at Cimarron Trail
305 Cimarron Trail, Suite 140
I~ng,Texas75063
214.239-4511- telephone
214.239.4515 - facsimile
WWW.THAWERLAW.COM
January 14, 2005
PROPOSAL FOR CITI OF COLLEYVILLE LEGAL SERVICES
1. Statement of Services:
The Law Offices of Sherin Thawer, PC is driven by its logo "WiU to Win" TM. Perseverance,
aggressive representation, reliability and winning your case are the principles on which we
firmly stand. We are dedicated to a being full service firm specializing in civil,
commercial, real estate and family litigation. Two competent and energetic attorneys:
Sherin Thawer and Gary Lee handle the litigation. In addition we have a staff accountant,
paralegal, office assistant and escrow officer to assist us. We are a growing firm with near
future plans to expand with more attorneys and support staff.
Sherin Thawer, from Houston, Texas, is a Yale Graduate and has been licensed by the
State Bar ofT exas for the past seven years. Her litigation record remains stellar. She has
represented clients in zoning! ordinance cases in multiple cities including City of PIano in
2003 and City of Carrollton in 2004.
Gary Lee from Waxahachie, Texas, is a University of Texas School of Law Graduate and
has been licensed since 2003. Gary has conducted several jury trials and numerous
mediations. His excellent record speaks for itself including negotiating a six figure
settlement during the course of the trial. Currently, Gary is working on a negligent hiring
case against the City of Kaufman.
2. Firm Resources:
The Law Offices Of Sherin Thawer, PC is located in Valley Ranch/Las Colinas are in
Irving. We have 3000 square feet of space which includes a conference center with
three conference rooms. We are self contained office with only our staff and our own
resources such as copier, fax machine, etc. We have our own copier, and fax machine.
In addition to providing outstanding legal services; we also are a fee office for Fidelity
National Title Company in order to assist families with buying or selling a home
and! or investors who wish to buy and sell commercial properties.
Our support staff:
Shiraz Shalwani: Business Development Director and Client Relations
Nicholle Green: Escrow Officer/Office Assistant
Scott Wermers: ParalegaVOffice Assistant
AI Lalani: In House Staff Accountant.
Prior to relocating to Irving, the office was located in the Spectrum Center in Addison,
Texas at 5080 Spectrum Center, Ste 114W, Addison, Texas 75001.
Our move was due to the need for more office space and the central location of Irving.
We service clients in Dallas, Denton, Tarrant and Collin Counties.
3. Municipal Litigation Experience:
The Firm has represented individuals and/or companies against the City of PIano, City
of Carrollton, and City of Kaufman. The City of PIano case was a zoning! ordinance
case where the business was being forced out due to the nature of its business and
future plans for the area by the City. Arguments and presentations were made to the
City Council and Mayor. Sherin Thawer was the attorneys primarily handling the
case and Diane Wetherbee was the City Attorney assigned on the case. The case
ultimately settled, without the necessity of filing suit, with both parties needs satisfied.
Sherin has also represented a company who was cited for numerous municipal zoning
and ordinance violations by the City of Carrollton. In this instance, the Company and
the City reached a plea bargain.
Currently, Gary Lee is representing clients against the City of Kaufman for the
negligent hiring and supervision of one of their meter readers. This case is currently in
litigation.
The Law Firm is currently not part of the Texas Municipal League Risk pool but would
be willing to get their approval if need be.
4. Service Philosophy:
Our goal is to ensure the clients obtain the results they desire thus we live up to our
motto: Will to Win. At our Firm, you can rest assured that your case will be handled in
a timely and professional manner. We pride ourselves for our dedication, ethical
representation, commitment to win, perseverance even when the client is exhausted
and great value for the client's dollar. Every attempt is made to avoid litigation and
settle the case out of court if it can be. Litigation is often costly and time consuming
for many clients. For example, pre litigation demand letters are sent to the opposing
party and pre-litigation settlement discussion are undertaken, however if a settlement
cannot be reached a lawsuit may be filed.
2
Being a small firm, we are able to give our client's much personal attention and
accommodate their schedules whether we need to attend evening meetings or keep the
office open on the weekends.
5. Method of Service:
It would be an honor to serve the City of Colleyville. The Firm visions working side by
side with the Mayor and or City Council on various legal issues. The Firm would be
able to assist the City Attorney with settling claims, initiating and or defending law
suits, prosecuting cases, and provide legal advice for risk management issues. The
Firm would also be able to assist with any real estate transactions. The Firm is aware
much City Business is conducted during City Council Meetings which are often in the
evening for several hours, the Firm would be able to attend and/or host the meetings.
The Law Firm support staffs staff would assist Sherin and Gary with any legal matters
for the City. In addition, support staff would be advised to tend to City's matters with
utmost priority and attention to detail. We prepare all our own legal documents in-
house. With two attorneys in the office, Lead Attorney would able to delegate other
commitments and be available to the City as often as he or she is needed.
6. Assigned Personnel:
Sherin Thawer-Attend City meetings, attend mediations, initiate and/or defend
lawsuits, advise City for various legal matters.
Gary Lee-Preparation of legal documents, Advise memos, attend settlement
conferences, municipal prosecutions; assist in initiating and defending City in Court.
7. Municipal Client List and References:
The Law Firm has represented individuals and companies against the City of PIano,
City of Carrollton and City of Kaufman.
Ms. Diane Wetherbee, Esq.
City of PIano
Legal Department
PIano, 'IX 75086-0358
972941 7000
Mr. John Mosley, Esq.
Attorney for the City of Kaufman
209 South Washington Street
Kaufman, 'IX 75142
9729322216
3
Ms. Susan Keller
District Attorney
City of Carrollton
2001 E. Jackson Road
Carrollton, TX 75011
972 466 3348
8. Transition Coordination:
Sherin or Gary would meet with appropriate City officials and/or existing City
Attorney and have review cases to be taken over and discuss future action and
desired results. Files would need to be copied either here at our Firm or the City's
office.
9. Fee Structure:
Our hourly rates are normally $200/per hour in six minute increments. However
for the City and being mindful of their tight budgets and taxpayers, we offer:
$175/hr for Attorneys
$60/hr for Paralegals/Assistants.
Retainers would be $3500 monthly. Please bear in mind it is difficult to state a
monthly retainer without knowing how many cases/matters the City currently has
and whether they are in litigation and/or their complexity. Therefore the Firm
reserves the right to negotiate terms with the City to ensure a mutually beneficial
arrangement for both parties. We seek a win a win situation.
Fee Agreement is attached.
10. Conflict of Interest Statement:
The Law Offices Of Sherin Thawer, PC agrees while serving the City of Colleyville,
not to undertake any representation of any person or entity in any matter which
would be adverse to the City of Colleyville and Tarrant County. Law Firm
currently is not engaged in any business with the City of Colleyville or Tarrant
County.
11. Minimum Oualifications & Contact information:
Sherin Thawer-In Good Standing with State Bar
Office 214 239 4511 ext 113
4
Fax 214 239 4515
Cell 214 6957122
Email: sherin@thawerlaw.com
Gary Lee-In Good Standing with State Bar
Office 214 239 4511 ext 115
Fax 214 239 4515
Cell: 972 825 3998
Email: garyl@thawerlaw.com
Thank you for your time and consideration. We look forward to meeting with the
City next Tuesday, Jan. 18, 2005.
Sincerely,
~&1ld
Sherin Thawer
~~LJ
5
LAW OFFICES OF
SHERINTHAWER, P.C.
The Offices at Cimarron Trail
305 Cimarron Trail, Suite 160
Irving, Texas 75063
214.239.4511 - telephone
214.239.4515 - facsimile
CONTRACTUAL AGREEMENT FOR LEGAL SERVICES
Date: Jan. 14,05
Client Name: City of Colleyville
City of Colleyville, the undersigned, hereafter called "Client," by execution of this Agreement has this day
employed lAw OFFICES OF SHERIN THAWER, P.C., hereinafter called "law Firm," to represent Client in the matter
described below:
Represent City in all municipal and litigation matters, attend city meetings and advise City on various risk management
and legal issues.
By execution of this agreement, Client also appoints law Finn as his agent and lawful attorney-in-fact in
connection with this matter.
Costs of Services Rendered: HaUTh Plus Expenses
(1) Retainer & Hourly Fees
The initial retainer required is $3500.00. This initial sum will be applied against all legal services rendered on
your case, billed at the respective hourly rates listed below. Once the initial sum is exhausted, Client agrees to
further compensate law Finn for all legal fees subsequently incurred plus those expert! consultant fees and costs,
as set forth in more detail herein below. The hourly rates charged by law Finn are as follows:
Attorneys $175.00 per hour
Sherin Thawer $175.00 per hour
Gary Lee
Legal Assistant $60.00 per hour
Scott Wenners
Nicholle Green
Legal Assistant $60.00 per hour
Shiraz Shalwani
Law Clerks $60.00 per hour
(2) Expert/Consultant Fees
The needs of your case may require the retention of various third-party experts and! or consultants. Should the
---------------------------------------------
CONTRACTUAL AGREEMENT FOR LEGAL SERVICES - PAGE I of 5
need arise, we will confer with you in advance regarding the cost and necessity of such experts and! or
consultants. Once retained, Client agrees to timely pay such experts and! or consultants for services they render.
Client agrees to pay all such experts and/or consultants within ten (10) days of receipt of such third-party
invoices and recognizes that failure to pay experts and/or consultants is grounds for withdrawal of Law Firm.
(3) Costs
In addition to legal fees and expert/consultant fees, Client also agrees to pay all reasonable expenses incurred by
Law Firm in this matter. Such expenses include, but are not limited to the following:
(1) Postage (first class, certified, FedEx/UPS, etc.);
(2) Photocopies (at the rate of $0.25 per copy, unless directed to a third-party service provider, in which
case, actual charges will be forwarded for reimbursement);
(3) Long distance telephone calls;
(4) Fax ttansmission charges (at the rate of $1.00 per page);
(5) Travel and mileage (mileage billed at the rate published by the Internal Revenue Service, currently
$0.34 per mile);
(6) Parking;
(7) Filing fees;
(8) Courier fees;
(9) Process server fees; and
( 10) Court reporting / stenographic services.
The Firm reserves the right to adjust expense cost as needed.
No Work Commences Until Retainer Received
Work on your file will only begin when Law Firm receives $3500.00 as an advance deposit against the above-
stated minimum fee and expenses. Any balance remaining at the end of your case will be refunded to you.
T erminati~n/Withdrawal
Law Firm has the right to cease legal work, terminate this Agreement, and withdraw from representing the Client
for any of the following reasons:
1. You fail to pay fees, costs, or expenses as provided by this Agreement or you fail to pay invoices
submitted by experts and! or consultants retained to assist with Client's legal matter;
2. You fail to cooperate and comply fully with all reasonable requests of Law Firm in reference to your
case;
3. You use Law Firm's services to perpetrate a crime or fraud or persist in a course if action we believe to
be fraudulent or criminal, or you insist on pursuing an objective that Law Finn considers repugnant or
imprudent or with which we fundamentally disagree;
4. You engage in conduct which renders it unreasonably difficult for Law Firm to carry out the purposes
of its employment; or
5 . You fail to furnish any required additional Retainer within three days of request from Law Firm.
If you fail to replenish your tetainer, Law Firm will withdraw from your case immediately.
Should you discontinue or discharge Law Firm from representation for any reason, you agree to compensate Law
Firm for all legal fees incurred through the date of discharge. Discharging Law Firm does not extinguish your
CONTRACfUALAGREEMENTFOR LEGALSERVlCES - PAGE 2 of 5
liability for legal fees incurred prior to that time.
The materials contained within your legal file will not be released to you until your account with us is paid in
full.
The Finn reserves the right to supplement this section until the appropriate action is decided with the client.:
Mediation Retainer
In the event your legal matter goes to mediation, Law Firm will require that all outstanding balances, if any, be
paid in full not less than five (5) days prior to said trial, and that an additional retainer in the amount of $2500
be paid to secure the cost of legal services incurred during trial.
Settlement Proceeds & Retainer
In the event a settlement is reached at any time throughout the representation, any and all outstanding
attorney fee balances and expenses, will be paid out of the settlement proceeds before any settlement check is
tendered to you either by a party or the attorneys.
Furthermore, client agrees to have settlement check made out to Law Offices of Sherin Thawer, PC.
An additional retainer in the amount of $2500, as security for legal services may be required depending on the
nature of the case. Any work required to finalize the settlement will not proceed until this additional retainer is
received.
Arbitration/Trial Retainer
In the event your legal matter goes to trial, Law Finn will require that all outstanding balances, if any, be paid in
full not less than five (5) days prior to said trial, and that an additional retainer in the amount of $10,000
be paid to secure the cost of legal services incurred during trial.
Amount of Documents Automatically Forwarded to You
Unless indicated otherwise below, we will provide you copies of "all" documents generated during our
representation regardless of importance (e.g., letters, pleadings, etc.). Because we charge for the copies and
postage used in preparing and forwarding these copies to you, there will be at least an incremental cost associated
with providing this service to you. You can, if you'd like, narrow the degree to which you receive documents on
your case. Accordingly, please select one of the following three options: (Please initial your selection)
(1) All documents. (Default)
Copies of" all" documents generated in your case, mailed either first class or sent by fax
(2) Opposing Party Documents
Copiers of all correspondence and pleading opposing party sends.
_____ (3)
Important documents ONLY.
Trial Notices, hearing dates and deadlines.
(4) No documents forwarded.
Under this arrangement, we will not mail you copies of any correspondence or pleadings. We
---------------------------------------------
CONTRACruAL AGREEMENT FOR LEGAL SERVICES - PAGE 3 of 5
will, however, keep you informed of what documents or pleadings we have received and/or
are sending out and will happily forward you copies of certain documents upon request.
Returned Checks: Late Fees
All NSF checks will be sent to the Dallas County district attorney's office for criminal prosecution.
If you fail to pay your invoices are due upon receipt, failure to pay within two weeks will result in a late charge of
$35.00 every two weeks until the invoice is paid in full..
Selection of Attornevs; No Guaranteed Outcome
You are hiring Law Firm, and not one specific attorney. Accordingly, Law Firm reserves the right to designate
which attorney will perform services on your behalf, who will appear in court or take a deposition, and whether
more than one attorney will participate.
Law Finn will attempt to reach a settlement to promote as amicable a relationship as possible with the opposing
party. If a settlement cannot be reached, Law Firm will litigate your case. Law Firm cannot guarantee the
outcome of your case.
Application of Settlement Proceeds and Other Monevs Received
Any settlement proceeds negotiated and/or collected on behalf of the Client, will be made out solely to the Law
Firm. The proceeds will be negotiated by the Law Firm and all monies will be first credited against Client's
outstanding invoices from the Law Finn and the remainder of the settlement funds will be sent to the client via
Law Finn check and First Class Mail
Collection of Attornev Fees; Choice of Law
Should the Law Firm find it necessary to resort to litigation in order to collect the attorneys' fees and expenses
owed pursuant to this Agreement, the Client shall be liable for reasonable attorneys' fees, costs, and expenses
thereby incurred. Venue for any action shall be in Irving, Dallas County, Texas.
Client File
At any time if you terminate this relationship, you will be allowed to have a copy of your client file at reasonable
copy cost (.25 cents per page) plus labor($60.00/hr) to copy it or if the file is too large, a copying service will be used at cost
to the client. The file that originates from this office remains in this office as the attorney's record.
RESOLUTION OF DISPUTES: MEDIATION then ARBITRATION
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR
THE BREACH HEREOF, SHALL BE FIRST SUBMITTED TO MEDIATION. SHOULD THE PARTIES
NOT REACH A RESOLUTION AT MEDIATION, THE DISPUTE SHALL THEN BE SUBMITTED TO
BINDING ARBITRATION. SUCH ARBITRATION SHALL BE CONDUCfED BEFORE THE FEE
DISPUTES COMMITTEE OF THE DALLAS BAR ASSOCIATION AND CONDUCTED IN
ACCORDANCE WITH THOSE RULES PROMULGATED BY SAID COMMITTEE. JUDGMENT MAY
BE ENTERED ON THE ARBITRATOR'S AWARD IN ANY COURT HAVING JURISDICTION. THE
DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES. THE
PARTIES SHALL EQUALLY DIVIDE ALL COSTS OF THE ARBITRATION. EACH PARlY SHALL
BEAR ITS OWN LEGAL FEES IN ANY DISPUTE. THE ARBITRATOR MAY GRANT INJUNCTIVE
OR OTHER RELIEF.
CONTRACTUAL AGREEMENT FOR LEGAL SERVICES - PAGE 4 of 5
TAX DISCLOSURE AND ACKNOWLEDGMENT
The client is advised to obtain independent and competent tax advice regarding these legal matters since legal
transactions can give rise to tax consequences.
The undersigned law firm and attorney have not agreed to render any tax advice and are not responsible for
any advice regarding tax matters or preparation of tax returns, or other filings, including, but not limited to,
state and federal inheritance tax and income tax returns.
Furthermore, the client should obtain professional help regarding the valuation and location of all assets
which may be the subject of a legal matter including but not limited to pensions, employment benefit and
profit sharing rights that may be controlled by any other party to the legal matter.
Client has read this Agreement and agrees to each of the terms and conditions stated in it.
SIGNED, ACCEPTED, and AGREED on
CLIENT ONE
Signed:
LAW OFFICES OF SHERIN THA WER, P.c.
By:______________________________________
Sherin Thawer, Managing Attorney
The Offices at Cimarron Trail
305 Cimarron Trail, Suite 160
Irving, Texas 75063
(214) 239-4511 - telephone
(214) 239-4515 - facsimile
Retainer received:
Date
In form of
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CONTRACTUAL AGREEMENT FOR LEGAL SERVICES - PAGE 5 of 5