HomeMy WebLinkAboutCity Council-Agenda Packets-2/7/2005
PUBLIC NOTICE
COLLEYVILLE CITY COUNCIL
WORKSESSION AGENDA
FEBRUARY 7, 2005
6:00 P.M.
COLLEYVILLE CITY HALL
100 MAIN STREET
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
I. Call to Order
II. Review and discussion of law firms for the purpose of providing legal services
to the City of Colleyville
III. EXECUTIVE SESSION - In accordance with Texas Government Code
Chapter 551, Subchapter D
Sec. 551.074 - Personnel - Discussion of Boyle & Lowry, Brown &
Hofmeister and Fanning Harper & Martinson, for the
purpose of providing legal services to the City of Colleyville
IV. Adjournment
I certify that the above notice was posted on the Bulletin Board at City Hall on
Thursday, FebrueJry-3, 0, at 5:30 p.m.
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City Secretary
1 00 MAJN STRFF:T COLLEY\/ILLE, TEXA,S 76034 (817) 503-1000
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
City Attorney information
February 4, 2005
Please find attached responses received from the three law firms to the series of
questions presented earlier this week. During the meeting with Mayor Pro Tem
Ayers this week, it was suggested that staff contact a couple of references for
each of the firms prior to the Monday evening meeting. Staff is in the process of
completing this task and will provide the information when complete. We are
asking the references experience with billing and overall competence in
managing the legal affairs of the municipality.
BROWN & HOFMEISTER, L.L.P
Message
Page 1 of 1
Cynthia Singleton
From: William Lindley
Sent: Friday, February 04,200512:29 PM
To: Tom Hart; jhocutt@home.com; Joe Hocutt; Mark Skinner (rmarkskinner@comcast.net); Rich
Hendler; Cynthia Singleton; Elaine Dolan; Joe Hocutt; Jon Ayers; Mark Skinner; Paul
Frederiksen; Rich Hendler
Subject: FW: Follow Up Questions
Importance: High
We will provide a hard copy with your agenda mailing for the Monday evening meeting.
-----Original Message-----
From: Charles Gillis [mailto:cgillis@bhlaw.net]
Sent: Friday, February 04, 2005 10: 13 AM
To: William Lindley
Cc: Robert Brown
Subject: Follow Up Questions
Importance: High
Dear Bill:
to present responses to the City's follow up questions. Please let us know if you
a different format or on hard copy. If you need any additional information please let
us know. We consider it an honor and privilege to present this information and we look forward to the opportunity
to serve the City of Colleyville.
Charles Gillis
Administrator
Brown & Hofmeister L.L.P.
740 E. Campbell, Suite 800
Richardson, Texas 75081
Main 214-747-6100
Fax 214-747-6111
www.bhlaw.net
2/4/2005
Supplemental Questions for Selection of City Attorney
Please identify the number of hours and associated billing cost anticipated for
transition from the current law firm. The costs should cover both staffing and
ancillary costs (reproduction and establishing files, etc).
Without knowing the current City Attorney's workload or the nature and
extent of ongoing projects, it is difficult to estimate with any degree of
accuracy the time commitment and associated costs that would be
required to transition the City from the current law firm.
To assist the City through its transition period and to provide a comfort
level in known costs, we will agree to cap the total cost to the City for all
transition activities at $1,000.00. There will be no costs charged to the City
associated with the reproduction and establishment of files.
Please discuss if your firm has a minimum staff billing for either a monthly and/or
yearly basis:
. Legal research staff
. Paralegals
. Associates
. Partners
We assign no quotas for specific clients. All timekeepers at the firm are
expected to bill at least 2,000 hours annually.
Please identify whether you bill for travel time to and from the City.
Travel time for regularly scheduled meetings is included within our
monthly retainer(s). Additionally, for the first 18-months of our
engagement, we agree that all travel time will be free of charge to the City.
Please indicate the time period the law firm is capable of assigning the same
attorney to attend both City Council and P&Z Commission meetings?
To assist in the transition period, we will commit Robert Brown, as City
Attorney, to cover both City Council and P&Z Commission meetings
through the end of April, 2005. During that period, Alan Lathrom, who will
serve as Robert's backup and will handle P&Z and BOA on a long term
basis, will also attend the P&Z meeting, at no charge to the City. This will
allow both Alan and Robert to familiarize themselves with the P&Z and will
allow a smooth transition for Alan alone to cover all P&Z meetings
beginning in May 2005.
Please provide an estimation of the annual billing cost to the City based on
experience with other city clients of similar size.
Our experience has shown that the cost of legal services is not primarily
based on the size of a city, but on each city's unique needs and service
requests. With a city that possesses professional and experienced city
staff and management, such as Colleyville, we would anticipate that our
annual legal fees (excluding litigation) should not exceed $50,000.
Please state if your law firm would provide a flat billing (retainer) for review and
preparation to attend City Council and separately P & Z Commission meetings.
As set forth in the Firm's Proposal for Legal Services for the City of
Colleyville, dated January 12, 2005 ("Firm's Proposal"), and our draft
engagement letter dated February 1, 2005 ("Engagement Letter"), we
propose a monthly retainer of $800 a month for two regularly scheduled
Council Meetings, which includes review and preparation time for our
attendance at City Council Meetings. Additionally, we propose a retainer
arrangement for P&Z Commission meetings of $500 a month for two
regularly scheduled P&Z Commission meetings, which will also include
review and preparation time.
Please state if your law firm is willing to accept an hourly billing rate in
increments of six minutes.
Yes. As set forth in the Firm's Proposal and Engagement Letter, our firm
bills all clients in six-minute increments. We believe that the six-minute
increment ensures that our clients receive detailed billing statements, as
well as significant savings over larger billing-increment arrangements
traditionally used by many firms.
Please state if your law firm would provide an adjusted hourly billing rate for
attending City Council meetings and P & Z Commission meetings (apart from the
proposed standard billing rate).
While we believe that the monthly retainers that we have proposed ($800
per month for City Council and $500 a month for P&Z) are in the best
financial interest of the City, we will provide these services, if the City
prefers, at an adjusted hourly rate of $100 per hour, which would include
both preparation time and travel time, in lieu of the retainers.
Please state if your law firm would provide a monthly retainer fee (including travel
time and other associated costs) to attend regular City Council meetings and P &
Z Commission meetings. The proposed retainer should be presented on a
cumulative attendance to both of the meetings and also separately for only
attending City Council meetings.
As set forth in the Firm's Proposal and Engagement Letter, we proposed a
monthly retainer of $800 to attend City Council meetings. The retainer
would include all attorney time for review, preparation, travel and
attendance of two City Council meetings per month.
Additionally, the Firm proposes a monthly retainer of $500 to attend P&Z
Commission meetings. This retainer would include all attorney time for
review, preparation, travel and attendance of two P&Z Commission
meetings per month.
Please identify the length of term that the law firm will guarantee associated fees
for legal services?
We will guarantee that for a period of 18 months from the effective date of
our engagement, our rates will be locked in and not subject to change.
Please identify the length of term that the law firm will guarantee the designation
of both the City Attorney and associates serving the City.
We will guarantee the designation of Robert Brown as City Attorney and
Alan Lathrom as Assistant City Attorney indefinitely. This guarantee is
consistent with our practice and commitment to the development of long-
term relationships with our client cities.
Please identify the notice of termination by either party for cancellation of legal
services.
We renew our commitment to our clients every day, and do not feel a need
to ask clients to enter into long-term contracts. As Council appointees, the
City will have the right at any time to terminate our employment upon
written notice to us. Upon such notice, we will cease to render additional
services unless instructed otherwise.
Please identify associated fees (and any markups) for ancillary services, such as
but not limited to:
. Postage
As set forth in the Firm's Proposal and Engagement Letter, postage is
billed at the actual metered cost with no markup.
. long distance telephone calls
The City will not be charged for long distance calls.
. telefaxing of documents
As set forth in the Firm's Proposal and Engagement Letter, we bill $0.25
per page on outgoing faxes. There is no charge for incoming faxes.
. Emailing
Although there is a charge for attorney time spent composing emails on
behalf of the client, there is no charge for the actual email transmission.
. cell and email based telephone calls
The City will not be charged for cell or email based telephone calls.
· utilization of Lexus-Nexus, West Law and similar internet based reference
sources
As set forth in the Firm's Proposal and Engagement Letter, we bill
Westlaw research time at $2.00 per minute. Similar internet based
reference or court services such as PACER (Public Access to Court
Electronic Records) are billed at actual cost, with no markup.
. copying and reproduction
As set forth in the Firm's Proposal and Engagement Letter, copies made
by our personnel in our in-house copy center are charged at $0.15 per
page. We occasionally send copying assignments to a trusted outside
vendor if oversized or specialty reproduction is required, or in
situations where very large copy jobs require immediate turnaround.
Copies made by outside vendors are charged at the actual cost, with no
markup.
. courier and delivery services
As set forth in the Firm's Proposal and Engagement Letter, courier and
delivery services are charged at the actual cost of our outside vendors,
with no markup.
. mileage, meals and as required lodging
Routine attorney time spent traveling (as well as mileage costs) on
behalf of a client for meetings covered under retainer will not be billed
to the client and, for the first 18-months of our engagement, we agree
that all travel time will be free of charge to the City. Extraordinary travel
matters, however, on behalf of a client will be billed to the client. Hotel,
meal, local transportation and similar expenses are charged based on
receipts and travel expense forms submitted by the attorney.
. Court Reporter services
Court Reports services are charged at the actual cost of the outside
vendor, with no markup.
. filling fees
Filing fees are charged at the actual cost of the fee, with no markup.
· State-Federal regulatory download fees
State and federal downloads are charged at the actual cost of the fee,
with no markup.
. expert witness fees
Expert witness fees are charged at the actual cost of the fee, with no
markup.
. other (please list)
All necessary out-of-pocket expenses incurred by us in connection with
our representation of you will be billed to you as a separate item on
your monthly statement.
Please discuss the process for approval by the City Manager for the law firm to
engage in the various ancillary fees previously identified.
Unless requested, we will not burden the City Manager for approval on
routine ancillary charges. On charges that, based on our experience,
would be considered non-routine and extraordinary expenses, we will
discuss such charges with the City Manager prior to such expenses being
incurred. Such non-recurring charges would typically include matters such
as expert witness fees, court reporter costs, and out-of-town travel.
Discuss the process whereby increases of associated billing fees for personnel
and ancillary fees would be reviewed for approval by the City Council.
Periodically, we will review our rates and terms of employment with the
City Manager to ensure that our arrangement is fair, evenhanded, and in
the best interests of the City. With City Manager approval, any proposed
adjustments to our fees and expenses after the initial term would then be
submitted to the City Council for consideration.
BOYLE & LOWRY, L.L.P.
Cynthia Singleton
Subject:
William Lindley
Friday, February 04, 2005 1 :36 PM
Tom Hart; jhocutt@home.com; Joe Hocutt; Mark Skinner (rmarkskinner@comcast.net); Rich
Hendler; Cynthia Singleton; Elaine Dolan; Joe Hocutt; Jon Ayers; Mark Skinner; Paul
Frederiksen; Rich Hendler
FW: Boyle & Lowry- Supplemental Response
From:
Sent:
To:
~
EJ
BL-Colleyville-Respo
nse-2-4-05...
We will provide a hard copy with your agenda mailing for the Monday evening meeting.
-----Original Message-----
From: Boyle, Matt [mailto:MCGBoyle@boyle-lowry.com]
Sent: Friday, February 04, 2005 1 :33 PM
To: William Lindley
Cc: Lowry, L. Stanton; Kallas, Michael K.
Subject: Boyle & Lowry- Supplemental Response
Bill,
Please find attached the Boyle & Lowry, L.L.P. supplemental response regarding the City Attorney selection. We
appreciate the thoroughness of this process and will be glad to provide any additional information or responses you may
need to assist with the selection. Thank you and the City Council for your continued interest in our firm.
Matthew C. G. Boyle
BOYLE & LOWRY, L.L.P.
4201 Wingren Plaza, Suite 108
Irving, Texas 75062
(972) 650-7104 Office
(972) 650-7105 Facsimile
www.boyle-Iowry.com
1
Boyle & Lowry, L.L.P.
RESPONSES TO CITY OF COLLEYVILLE'S
SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ATTORNEY
Please identify the number of hours and associated billing cost anticipated for transition
from the current law firm. The costs should cover both staffing and ancillary costs
(reproduction and establishing files, etc).
Response: Boyle & Lowry, L.L.P. (the "Firm") is prepared to initiate a
smooth transition of City Attorneys with minimal cost to the City. The
Firm has accomplished successful transitions for many of our municipal
clients in the past, including the cities of Argyle, Bedford, Hurst, Keller,
and Westlake. This experience will assist us in providing a smooth and
cost-effective transition. Our past experience with clients of this size
indicates that attorney time of a purely transitional nature will be limited
to ten hours or less cumulatively. Our primary focus will be prospective in
nature, and as such, we will avoid any unnecessary repetition or review of
prior work. We would request that the information and materials contained
in our standard request for information letter be provided by the City at no
cost. The provision of such materials will assist in reducing other
transition costs.
Please discuss if your firm has a minimum staff billing for either a monthly and/or yearly
basis:
. Legal research staff
. Paralegals
. Associates
. Partners
Response: The Firm does not have minimum billing requirements on
either a monthly or yearly basis for any of the identified positions.
Please identify whether you bill for travel time to and from the City.
Response: The Firm does not bill for travel time to and from the City.
Please indicate the time period the law firm is capable of assigning the same attorney to
attend both City Council and P&Z Commission meetings?
Response: As noted in the Firm's Response to RFP and during our prior
interviews, Matthew Boyle would be designated as the City Attorney. In
that capacity, he would attend City Council meetings. Michael Kallas
BOYLE & LOWRY, L.L.P.,
RESPONSES TO SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ATTORNEY
PAGE 1
would be designated as Assistant City Attorney, and would regularly
attend P& Z Commission meetings. Absent the receipt of a request from
the City to the contrary, such assignments will remain in place
indefinitely. We firmly believe that stability of attorney assignments is
mutually beneficial to the City and the Firm. For this reason, we foster an
environment at the Firm which promotes long tenures. As such, the Firm
has never changed the primary designated personnel for any municipal
client. We fully anticipate being able to continue this philosophy with the
City of Colleyville
The ability to assign the same individual attorney to both the Council and
P&Z meetings could be arranged through a schedule adjustment by the
City. In the event the City wished to pursue that concept, there are other
means of managing City Council and P&Z meetings, such as holding joint
meetings of the two bodies as is done monthly at the City of Grapevine.
Even if separate counsel is maintained for the P&Z and Council, we strive
to provide uniformity in advice. As the Firm dedicates its entire practice
to municipal and governmental law- with particular knowledge and
experience with land use, zoning, and economic development- we are
confident that consistent analysis and advice will be provided to both
bodies.
Please provide an estimation of the annual billing cost to the City based on experience
with other city clients of similar size.
Response: The Firm's average monthly billing costs for municipal clients
ranges from $3,500 to approximately $20,000 per month, exclusive of
litigation costs. This range in fees is based on the variety of tasks sought
by the client, the complexity of such tasks, the volume (if any) of litigation
being handled by the Firm, and the number and length of meetings we are
asked to attend.
The estimated annual costs for the City of Colleyville will depend greatly
on the type and scope of work requested by the City. We believe that our
commitment to value billing allows for the most cost-effective provision
of services. Our wealth of experience in the municipal law field allows us
to undertake work in a shorter period of time. Additionally, the Firm's
detailed invoices allow for the management of costs, and we are more than
willing to work cooperatively with the City to minimize costs. Lastly, the
Firm as a practice undertakes few self-initiated projects on behalf of our
municipal clients, thereby putting the variables noted above in the hands
of our clients.
Please state if your law firm would provide a flat billing (retainer) for review and
preparation to attend City Council and separately P & Z Commission meetings.
BOYLE & LOWRY, L.L.p",
RESPONSES TO SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ATTORNEY
PAGE 2
Response: The Firm's initial proposal is to provide all services on an
hourly fee basis. Our experience has been that retainer based fee structures
tend to create negative and counterproductive disincentives in the
attorney-client relationship. However, we would be willing to consider a
modified retainer approach for meeting attendance which would include
an hourly cap (not to exceed a certain amount) for attendance at the
Council and P&Z meetings. We believe that the imperative focus
concerning all billing issues is the provision of value to the client. To that
end we work with each of our clients to manage our approach to the
provision of services in a high-value, cost-effective manner.
Please state if your law firm is willing to accept an hourly billing rate in increments of six
minutes.
Response: Yes, the Firm is willing to accept an hourly billing rate in
increments of six minutes.
Please state if your law firm would provide an adjusted hourly billing rate for attending
City Council meetings and P & Z Commission meetings (apart from the proposed
standard billing rate).
Response: The Firm provides a rate structure which is uniform and
consistent among our municipal clients, a concept we find critical to
ensuring consistency and equality across our municipal clients. The Firm's
rate structure represents a reduced and hybridized level. For these reasons,
we reaffirm our proposed hourly billing rates.
Please state if your law firm would provide a monthly retainer fee (including travel time
and other associated costs) to attend regular City Council meetings and P & Z
Commission meetings. The proposed retainer should be presented on a cumulative
attendance to both of the meetings and also separately for only attending City Council
meetings.
Response: As noted above, the Firm is willing to pursue a cap-based
modified retainer billing system for meeting attendance.
Please identify the length of term that the law firm will guarantee associated fees for legal
services?
Response: The Firm's fee structure has been relatively stable over time.
Additionally, any proposed amendment to the agreed upon rates is subject
to the approval of the City. The Firm does not anticipate any requests to
amend its fees structure for a period of at least two years.
BOYLE & LOWRY, L.L.P.,
RESPONSES TO SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ArrORNEY
PAGE 3
Please identify the length of term that the law firm will guarantee the designation of both
the City Attorney and associates serving the City.
Response: The Firm is committed to providing consistency III the
attorneys designated to serve the City. Absent extraordinary
circumstances, we assure you that Matthew Boyle, as City Attorney, and
Michael Kallas, as the Assistant City Attorney attending Planning and
Zoning Commission meetings, will be designated to serve the City
indefinitely, unless otherwise requested by the City.
Please identify the notice of termination by either party for cancellation of legal services.
Response: The Firm serves at the will of the City Council, a relationship
the Council may sever with or without notice or cause. Additionally, the
Firm commits that it will not voluntarily sever its relationship with the
City until the City has made satisfactory arrangements for our successor.
Please identify associated fees (and any markups) for ancillary services, such as but not
limited to:
. Postage:
. long distance telephone calls:
. telefaxing of documents:
. emailing:
. cell and email based telephone calls:
. utilization of Lexus-Nexus, West Law and similar internet based reference
sources:
. copying and reproduction:
. courier and delivery services:
. mileage, meals and as required lodging:
. Court Reporter services:
. filling fees:
. Sate-Federal regulatory download fees:
BOYLE & LOWRY, L.L.P.,
RESPONSES TO SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ATTORNEY
PAGE 4
. expert witness fees:
. other (please list): none.
The Firm's general rule on expenses is that hard costs are charged to the client on a
pure pass-through basis with no markup. However, the Firm does not charge to
clients service costs for phone calls, local or long distance, cell phones, or e-mail
usage. The Firm does not assess costs to its clients for general overhead items.
Please discuss the process for approval by the City Manager for the law firm to engage in
the various ancillary fees previously identified.
Response: For any out-of-the-ordinary fee, the Firm will first discuss with
the City Manager the reason for the fee and obtain his determination if the
fee is necessary. More generally, the Firm is very conscious of unusual
costs not regularly associated with the service of the City Attorney and
would discuss these with staff before the fee is incurred. The Firm also
provides detailed billing statements, and we are always available to
explain any item on the billing statement and discuss the appropriateness
of that charge.
Discuss the process whereby increases of associated billing fees for personnel and
ancillary fees would be reviewed for approval by the City Council.
Response: As noted above, the Firm will not adjust its fees without the
approval of the City Council.
BOYLE & LOWRY, L.L.P.,
RESPONSES TO SUPPLEMENTAL QUESTIONS FOR SELECTION OF CITY ArrORNEY
PAGE 5
FANNING HARPER & MARTINSON, P.C.
Cynthia Singleton
Subject:
William Lindley
Friday, February 04, 2005 12:29 PM
Tom Hart; jhocutt@home.com; Joe Hocutt; Mark Skinner (rmarkskinner@comcast.net); Rich
Hendler; Cynthia Singleton; Elaine Dolan; Joe Hocutt; Jon Ayers; Mark Skinner; Paul
Frederiksen; Rich Hendler
FW: Answers to Questions
From:
Sent:
To:
~
Ltr with follow up q
answers f...
We will provide a hard copy with your agenda mailing for the Monday evening meeting.
-----Original Message-----
From: Thomas P. Brandt [mailto:tbrandt@fhmlaw.com]
Sent: Friday, February 04, 2005 10:52 AM
To: William Lindley
Subject: Answers to Questions
Dear Bill,
Please find attached the answers to the questions posed by the City Council regarding our services and fees. Please let
me know if you have any questions.
Thomas P. Brandt
Fanning, Harper & Martinson, P.C.
Two Energy Square
4849 Greenville Ave., Suite 1300
Dallas, Texas 75206
Main Ph# 214-369-1300
Direct Dial 972-860-0324
Fax 214-987-9649
email: tbrandt@fhmlaw.com
1
IIOI&II
Thomas P. Brandt
Direct Dial:972-860-0324
tbrandt@fhmlaw.com
www.jhmlaw.com
Fanning Harper & Martinson
February 4, 2005
City of Colleyville City Council & City Manager Lindley
100 Main Street
Colleyville, TX 76034
Re: City of Colleyville City Attorney Selection
Follow Up Questions
Dear City of Colleyville City Council and City Manager Lindley:
Below are Fanning Harper & Martinson's responses to the questions posed to us in City
Manager Lindley's February 2, 2004 memo.
1. Please identify the number of hours and associated billing cost anticipated for transition from
the current law firm. The costs should cover both staffing and ancillary costs (reproduction
and establishing files, etc.)
Fanning Harper & Martinson will commit to "write-off' 30 hours of attorney time for initial
meetings with City representatives and to review the City's files during the transition from your
current law firm. We do not anticipate that our attorneys will need more than 40 to 50 hours to
completely transition from your current law firm. The total cost of attorney time to transition from
your current law firm is approximately $1,500 to $3,000.
The primary ancillary cost of the transition will be reproduction of all files your current law
firm has. It is difficult to estimate the cost ofthe reproduction until we know how voluminous those
files are. Our copy service can pick up those files for no charge and reproduce each black and white
standard page for $0.10.
In our best estimation, the total cost of the transition from your current law firm to Fanning
Harper & Martinson, including attorney time and ancillary costs, will be $2,500 to $4,000.
2. Please discuss if your firm has a minimum staff billing for either a monthly and/or yearly
basis:
Fanning Harper & Martinson, P.c. Attorneys and Counselors
Two Energy Square. 4849 GreenvilIe Avenue. Suite 1300. Dallas Texas. 75206 . P 214.369.1300 . F 214.987.9649
February 4, 2005
Page 2
a. Legal research staff
b. Paralegals
c. Associates
d. Partners
Fanning Harper & Martinson does not have minimum billing requirements.
3. Please identify whether you bill for travel time to and from the City.
Fanning Harper & Martinson's standard practice is to bill full travel time. As a concession to
attain this work, we are willing to bill for half travel time (e.g. billing time to, but not from, the City
of Colleyville).
If a meeting or appointment is planned at the City of Colleyville, the attorney traveling will
attempt to work out of our Bedford office, which will decrease travel time from approximately 45
minutes to approximately 15 minutes.
4. Please indicate the time period the law firm is capable of assigning the same attorney to attend
both City Council and P&Z Commission meetings.
As mentioned in our meeting on January 31,2005, it is our desire that I attend City Council
meetings and Mark Dyer attend P&Z Commission meetings. From time to time we may not be
available and in those instances, Stephen Henninger would be in attendance at the Councilor P&Z
Commission meetings.
5. Please provide an estimation of the annual billing cost to the City based on experience with
other city clients of similar size.
Based on our experience with other cities, Fanning Harper & Martinson estimates costs as
follows:
Assuming each City Council and P&Z Commission work meeting and public meeting takes
approximately 7 hours and there are a total of four meetings per month plus any specially called
meetings, we estimate that the annual cost for preparing for and attending meetings to be $40,000-
$50,000.
Assuming the City holds municipal prosecutions three days a month for eight hours a day, we
estimate the cost for municipal prosecution to be $35,000-$40,000.
Additional administrative and advisory matters are estimated to be 30-50 hours per month, with
an estimated cost of$55,000 to $90,000.
6. Please state if your law firm would provide a flat billing (retainer) for review and preparation
to attend City Council and separately P&Z Commission meetings.
Our firm is willing to consider such a proposal after it has provided these services on an hourly
February 4, 2005
Page 3
basis to the City for a period of four (4) months. This will allow us and the City the opportunity to
evaluate the time and expenses involved in these meetings so that both parties can have informed
discussions concerning a flat fee arrangement. Alternatively, ifthe City Manager could provide us
with information concerning the items listed below, we would be willing to negotiate a flat fee
arrangement at this time:
(a) Minutes from City Council and P&Z Commission meetings for the last quarter of
2004;
(b) If not contained in the minutes, the amount of time taken in both the work session and
public meetings for the City Council and P&Z Commission meetings for the last
quarter of 2004; and
(c) Any information that would indicate that the work sessions and public meetings will be
significantly longer or shorter than the last quarter of 2004.
7. Please state if your law firm is willing to accept an hourly billing rate in increments of six
minutes.
Yes.
8. Please state if your law firm would provide an adjusted hourly billing rate for attending City
Council meetings and P&Z Commission meetings (apart from the proposed standard billing
rate).
Fanning Harper & Martinson's current partner rate for its other municipal work is $165.00. In
an effort to secure this business, Fanning Harper & Martinson's adjusted hourly billing rate is
$150.00 for partners and $135.00 for associates.
9. Please state if your law firm would provide a monthly retainer fee (including travel time and
other associated costs) to attend regular City Council meetings and P&Z Commission
meetings. The proposed retainer should be presented on a cumulative attendance to both of
the meetings and also separately for only attending City Council meetings.
Our firm is willing to consider such a proposal after it has provided these services on an hourly
basis to the City for a period of four (4) months. This will allow us and the City the opportunity to
evaluate the time and expenses involved in these meetings so that both parties can have informed
discussions concerning a flat fee arrangement. Alternatively, ifthe City Manager could provide us
with information concerning the items listed below, we would be willing to negotiate a flat fee
arrangement at this time:
(a) Minutes from City Council and P&Z Commission meetings for the last quarter of
2004;
(b) If not contained in the minutes, the amount of time taken in both the work session and
public meetings for the City Council and P&Z Commission meetings for the last
quarter of 2004; and
(c) Any information that would indicate that the work sessions and public meetings will be
significantly longer or shorter than the last quarter of 2004.
February 4, 2005
Page 4
10. Please identify the length of term that the law firm will guarantee associated fees for legal
services.
Fanning Harper & Martinson guarantees that associated fees for legal services will remain at
our agreed upon rates until January 2007.
11. Please identify the length of term that the law firm will guarantee the designation of both the
City Attorney and associates serving the City.
We understand that the City of Colleyville is seeking stability in its City Attorney, and Fanning
Harper & Martinson is proud of its stability and 40+ year history in the metroplex.
I will serve as the City Attorney for the City of Colleyville. I have been at Fanning Harper &
Martinson since 1992 and am a managing partner of the firm. If given the opportunity, I intend to
serve as the City Attorney for the City of Colleyville for years to come.
The other attorneys in the municipal law team that will be serving the City of Colleyville are
also dedicated to their work here at Fanning Harper & Martinson. Weare pleased to have a very low
turn-over rate and strive to maintain personnel stability for all of our clients. Mark Dyer, also a
managing partner, has been with our firm since graduating from law school in 1989. Stephen
Henninger is a partner with our firm and has been with us since 1999.
12. Please identify the notice of termination by either party for cancellation of legal services.
Fanning Harper & Martinson is proud of its long-standing relationships with its clients.
Because of our service-oriented approach to each client and the infrequency of the attorney-client
relationship dissolving, we do not have a form "notice oftermination." In the event that either party
wishes to cancel legal services, a document setting out the terms ofthe termination and the process
for transitioning to your new counsel would be drafted and agreed upon. We would propose a 30 day
notice provision.
13. Please identify associated fees (and any markups) for ancillary services, such as but not
limited to:
Fanning Harper & Martinson does not charge any markup for associated fees for ancillary
servIces.
a. Postage - Postage is charged at normal rates (e.g. $0.37 for a standard letter). In the
event that use of Federal Express is needed, you will be charged cost.
b. Long distance telephone calls - Long distance telephone calls are charged at a standard
rate of $0.1 0 per minute.
c. Telefaxing of documents - Each page of a fax transmittal is charged at a rate of $0.15.
d. Emailing - There is no charge for electronic mail communications outside the attorney
time required to draft the message.
e. Cell and Email based telephone calls - There is no charge for cell phone or email based
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telephone calls outside the attorney time required to make the phone call.
f. Utilization of LexisNexis, WestLaw and similar internet based reference sources -
Fanning Harper & Martinson pays a flat rate for internet based reference sources. The
cost of such service is divided on a pro rata basis among those client whose
representation requires such services. If, for example, research for the City ofColleyville
amounts to ten percent of the total internet based research done during the month, the
City ofColleyville will be charged ten percent of the month's flat rate.
g. Copying and reproduction - We charge a flat rate of 10 cents per page for standard black
and white copies. Color copies, enlargements, or non-standard paper sizes may increase
copy costs.
h. Courier and delivery services - Courier and delivery services are charged at cost.
1. Mileage, meals and as required lodging - Mileage is charged at the standard federal rate.
This rate changes when the federal standard for mileage changes. Meals and lodging are
only charged ifthe City of Colleyville business requires us to be away from our homes or
offices. We do not anticipate that our representation of the City of Colleyville will
involve overnight stays at remote locations.
J. Court Reporter services - Court reporting services are charged at cost. This charge
varies depending on the length ofthe transcript, the turn-around time required, etc. We
typically use Jill Johnson as our court reporter, and she typically charges $4.60 per page
for a deposition transcript, with additional copies costing $1.50 per page. An electronic
transcript of a deposition costs $20.
k. Filing fees - In the event that we are charged a fee to file a document on the City of
Colleyville's behalf, the City will be charged that filing fee.
1. State-Federal regulatory download fees - Any State-Regulatory download fees incurred
will be charged at cost.
m. Expert witness fees - In the event that an expert witness is needed for litigation or
another legal matter, the City ofColleyville will be charged whatever the expert charges.
n. Other (please list) - None.
14. Please discuss the process for approval by the City Manager for the law firm to engage in the
various ancillary fees previously identified.
It is typically most economical for standard charges like long distance phone calls, copies,
postage, and overnight charges to be incurred and then billed to the City. Any ancillary fee that is
out of the ordinary or more expensive than normal may be submitted to the City Manager for
approval before the fee is incurred. In the event that the City Manager would like more information
on the fee before granting approval, estimates and/or an explanation ofthe cost may be provided in
writing.
15. Discuss the process whereby increases of associated billing fees for personnel and ancillary
fees would be reviewed for approval by the City Council.
In the event that billing fees or ancillary fees increase, Fanning Harper & Martinson will
provide the new fees in writing along with an explanation of the increase.
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Again, thank you for the opportunity to allow us to get to know the City of Colleyville and for
taking the time to learn more about Fanning Harper & Martinson. Please do not hesitate to contact
me if you should have any questions. I look forward to talking with you in the near future.
Sincerely,
~.~
THOMAS P. BRANDT
Amb/242460