Loading...
HomeMy WebLinkAbout2000-462S \Our Documents\Ordinances\00\Bickerstaff, Heath etal Ordinance doc ORDINANCE NO y AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF BICKERSTAFF, HEATH, SMILEY, POLLAN, KEVER & MCDANIEL, L L P FOR REDISTRICTING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services with the Law Offices of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L L P for redistricting services, a copy of which Agreement is attached hereto and incorporated herein SECTION 2 That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION 3 and approval / PASSED AND APPROVED this the / 9 6 4 day of Qaam, 2000 That this ordinance shall become effective immediately upon its passage C t'4� AOCL EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ....... . .. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES STATE OF TEXAS COUNTY OF DENTON § THI AGREEMENT is made and entered into as of the IV day of 2000, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L L P with its office at 3000 Bank One Center, 1717 Main Street, Dallas, TX 75201- 4335, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, preparation of a redistricting plan for the City of Denton based upon the 2000 Census as more fully described in the Scope of Services ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A All those services set forth in CONSULTANT's Engagement Letter which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the CITY and the CONSULTANT, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the CITY This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Attorney or his designee ARTICLE IV COMPENSATION A COMPENSATION, BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay, at an hourly rate shown in Exhibit "B" together with the reimbursable expenses which is attached hereto and made a part of this Agreement as if written word for word herein Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Attorney or his designee, or which is not submitted in compliance with the terms of this Agreement The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement without first having obtained written authorization from the CITY B ADDITIONAL SERVICES For additional services authorized in writing by the CITY, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "B " Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection C hereof Statements shall not be submitted more frequently than monthly C PAYMENT If the CITY fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60s') day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the CITY, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VI OWNERSHIP OF DOCUMENTS All final documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense In the event the CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not as an employee of the CITY CONSULTANT shall not have or claim any right arising from employee status ARTICLE VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE IX INSURANCE CONSULTANT shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, issued by an insurance carrier approved to do business in the State of Texas by the State Insurance Board, which carrier must be rated by Best Rated Carriers, with a rating of "A-" or higher Such coverage shall cover any claim hereunder occasioned by the CONSULTANT'S negligent professional act and/or error or omission, in an amount not less than $500,000 00 combined single limit coverage per occurrence In the event of changes to or cancellation of the policy by the insurer, CONSULTANT hereby covenants to immediately advise the CITY thereof, and in such event, CONSULTANT shall, prior to the effective date of change or cancellation, provide a substitute policy furnishing the same coverage to the CITY Consultant shall provide a copy of such policy and the declarations page of the existing policy to the CITY through its City Attorney, simultaneously with the execution of this Agreement ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XI TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the CITY within thirty (30) days after the date of termination The CITY shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation " Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days after mailing To CONSULTANT Karen Brophy Bickerstaff, Heath, Smiley, Pollan Kever & McDaniel, L L P 1717 Main Street, Suite 3000 Dallas, TX 75201-4335 To CITY Herbert L Prouty City Attorney City of Denton 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of eight pages and two exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIII PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY CONSULTANT shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XIX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXI MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement ) 1 Exhibit A Engagement Letter 2 Exhibit B Standard Terms of Engagement B CONSULTANT agrees that CITY consistent with the attorney client relationship shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section CITY shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under tlus Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key person who will supervise and coordinate the work hereunder shall be Karen Brophy However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY F The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULT has execute this Ag Bement through its duly authorized undersigned officer on this the day of , 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Ji. WITNESS BY CITY OF DENTON, TEXAS MANAGER BICKERSTAFF, HEATH, SMILEY, POLLAN, KEVER & McDANIEL, L L P .,. Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, LIT 3000 Dank One Center 1717 Main Street Dallas Am 752014335 (214)762 8021 Fax (214)763 0200 wwwbickeretaff eom KAREN H. BROPHY (214) 753-0225 (214) 753-0200 Fax E-Mail kbrophy@bickerstaff com December 19, 2000 Herbert L Prouty City Attorney City of Denton 215 East McKinney Street Denton, Texas 76201 RE: Engagement Letter for Hourly Representation Dear Herb Thank you for selecting our law firm to represent you We appreciate your confidence in us and will do our best to achieve satisfactory results The purpose of this letter, together with the enclosed "Standard Terms of Engagement", is to set out our understanding with respect to the specific terms of our relationship Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relationship This letter, together with the Standard Terms of Engagement, constitutes our agreement with you (this "Agreement") under which our services will be provided Identity of Client We will be representing the interests of the City of Denton, Texas Time of Performance The services will be performed within a mutually agreed upon schedule to provide for a Department of Justice submission by December 31, 2001 Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters, our present relationship is limited to representing the City of Denton as follows preparation of a redistricting plan for Denton based upon the 2000 Census and as directed by the City Attorney, including Exhibit A Engagement Letter City of Denton Professional services Agreement 1 " SCOPE OF SERVICES • Analysis of Census 2000 data, preparation of Initial Assessment • Attend a city council meeting to present the Initial Assessment, and provide assistance in setting priorities and establishing the City's criteria for the redistricting processes and implementation • Attend one public hearing to obtain public input and analyze citizen comments • Preparation of up to three proposed city council district plans • Appearance before the Denton council, involving presentation of the proposed plans, the redistricting processes and implementation and advising the council on its options and the legal consequences surrounding those options • Preparation of the submission to the United States Department of Justice requesting preclearance of election changes Supervision and Delegation I will be the partner who will coordinate and supervise the services we perform on your behalf, assisted by Alan Bojorquez We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they are in a better position to carry them out In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement It is the Firm's understanding that the City has initially authorized a budget for this matter of $25,000 No legal work which would result in fees in excess of that amount would be expected of the firm unless the City authorizes an additional budget, should it be determined that any additional services of the firm are required in this matter If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it and reach a full understanding Acceptance of Terms If this arrangement is acceptable to you and the City of Denton, please sign the enclosed duplicate original of this letter and return it to us at your earliest convenience We truly appreciate the opportunity to be of service to you and look forward to working with each of you and the City of Denton in a mutually beneficial relationship Exhibit A Engagement Letter City of Denton Professional Services Agreement 2 AGREED TO AND ACCEPTED: DENTON, Name Michael Title Very truly yours, tAC�W/?W�r Date City Manager cc Billing Department Exbibit A Engagement Letter City of Denton Professional Services Agreement STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions We suggest that you retain this statement in your file The Scove of Our Work You should have a clear understanding of the legal services we will provide Any questions that you have should be dealt with promptly We will provide services related only to matters as to which we have been specifically engaged We will at all times act on your behalf to the best of our ability Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services These rates vary depending on the expertise and experience of the individual We adjust these rates from time to time, increasing them as the individuals gam experience and expertise and to reflect current economic conditions We will notify you in writing if this fee structure is modified At the present time the standard billing rates for partners in this firm are between $175 00 and $250 00 per hour, the billing rates for associates are between $90 00 and $175 00 per hour, the billing rates for paralegals are $65 00 per hour, the billing rate for briefing clerks is $50 00 per hour, and the billing rate for our redistricting specialist is $90 00 per hour (all fees quoted are in U S Dollars) Other Charges All out-of-pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement We have enclosed a schedule which indicates the rate at which most of these items will be charged Billing Procedures and Terms of Payment Our billing period begins on the 16th of the month and ends on the 15`h of the following Exhibit B Standard Terms of Engagement -1- City of Denton Professional Services Agreement month We will render periodic statements to you for legal services and expenses We usually mail these periodic statements toward the end of the month following the latest date covered in the statement Each statement is payable within 30 days of its stated date and must be paid in U S Dollars If any statement is not paid within 30 days after its stated date, interest at the rate of 1 1/2 percent per month (18 percent per annum) will accrue on the balance due However, if at anytime 18 percent per annum exceeds the highest interest rate permitted by applicable law, then the interest rate that will be applied to any overdue amounts will be reduced to the maximum rate permitted under applicable law If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality .Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services We reserve the right to discontinue work on pending matters or terminate our attorney -client relationship with you at any time that payment of your account becomes delinquent Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination 6 Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we cannot be held responsible in any way for failure to do so, and we hereby expressly disclaim any such responsibility or liability You must ultimately retain all originals and copies you desire among your own files for future reference Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated Governing Law Exhibit B Standard Terms of Engagement -2- City of Denton Professional Services Agreement This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America Venue of any case or controversy arising under or pursuant to this Agreement shall be in Denton County, Texas, United States of America estions If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions We want to proceed in our work for you with a clear and satisfactory understanding about every aspect of our billing and payment policies, and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum Exhibit B Standard Terms of Engagement -3- City of Denton Professional Services Agreement Client Costs Advanced Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P The firm incurs expenses on behalf of clients only when required by the legal needs of the clients Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive Standard services such as secretarial and word processing time, file setup, and file storage are not charged, however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services An explanation of the billing structure is as follows Delivery Services Outside delivery services are used for pick-up and delivery of documents to the client as well as to courts, agencies, and opposing parties Outside delivery fees are charged to the client at the rate charged to the firm Overnight delivery services are also charged at the rate charged to the firm Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation Telephone Our long distance charges are based on the exact number of minutes per call as provided by our carriers The rate applied to the call is $ 20 per minute Cell phone charges will be charged at invoice rate if the call is long distance, otherwise, local cell phone charges will not be charged to the client Postage Our postal equipment calculates exact US postage for all sizes and weights of posted material The rate charged for postage is the same as the amount affixed to the material that is mailed Copies Our standard rate for copies made by firm personnel is $ 15 per copy This charge covers paper, equipment costs, and other supplies If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm Computerized Research If a case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on-line data charges The firm charges $4 00 per minute of on-line connect time Fax Fax copies will be charged at the rate of $ 25 per page Travel Attorney and paralegal time spent traveling on behalf of a client is billed to the client Hotel, meal, local transportation, and similar expenses are charged based on receipts and travel Exhibit B Standard Terms of Engagement .4- City of Denton Professional Services Agreement expense forms submitted by the attorney Documentation is available to the client if requested Other Expenses Expenses incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm Examples of such charges include court reporter fees, filing fees, newspaper charges for publication notices, PUC download fees, expert witness fees, consultants, and other similar expenses Such expenses will not be incurred without approval from the client Exhibit B Standard Terms of Engagement -5- City of Denton Professional Services Agreement