2014-116•:�'• • � � •
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AVd�1iE1V1E1V 1 1JY ti1VL 17L'� 1 VV 1�E1V 1 d11.:� Cl l 1 oi' LL�1V 1 o1V y 1�lit1� ti1V L LLo 1 L
GOSSELINK, ATTORNEYS-AT-LAW, FOR LEGAL SERVICES RELATING TO THE
PREPARATION, DEVELOPMENT, SUBMITTAL, AND OTHER ASSOCIATED
PROFESSIONAL LEGAL SERVICES REQUIRED TO SECURE A MUNICIPAL SOLID
WASTE (MSW) FACILITY PERMIT AMENDMENT (MSW PERMIT 1590-A) FOR THE
CITY OF DENTON, TEXAS MSW FACILITY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 4703 IN THE
ADDITIONAL AMOUNT NOT-TO-EXCEED $400,000; AGGREGATING A TOTAL NOT-
TO-EXCEED $480,000).
WHEREAS, the City Cauncil deems it necessary and appropriate and in the public
interest ta continue to engage the legal firm of Lloyd Gosselink, Attarneys-at-Law, a Texas
Carporation, located in Austin, Texas to provide the City with professional legal services
pertaining ta Municipal Solid Waste Permit 1590-A; and
WHEREAS, the City staff has reparted to the City Council that there is a substantial need
for the hereinabove described prafessianal services by the City of Denton, and that limited City
staff cannot adequately perform the specialized engineering and other professianal services and
tasks, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Acty99 generally provides that a city may not select a pravider of
prafessional services an the basis of competitive bids, but must select the provider af
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasanable price; and
WHEREAS, the City Council hereby finds and concludes that Lloyd Gasselink,
Attorneys-at-Law is appropriately qualified under the provisions of the law, to be retained as a
law firm for the City, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the apprapriation of
funds to be used for the procurement of the faregoing professional services, as set forth in the
"First Amendment to Agreement for Professional Legal Services;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and carrect and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby autharized to execute a 66First Amendment to
Agreement for Professional Legal Services" (the 66First Amendment99} with the law firm of Llayd
Gosselink, Attorneys-at-Law, in the additional amount of nat-to-exceed $400,000, for
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professional legal services pertaining to the interests of the City as hereinabove described, in
substantially the form of the First Amendment which is attached hereto as Exhibit "A99 which is
incorporated herewith by reference.
SECTION 3. The award of this First Amendment is on the basis of the demonstrated
competence and qualifications of the firm of Lloyd Gosselink, Attorneys-at-Law, and the ability
of Lloyd Gosselink, Attorneys-at-Law to perform the professional legal services needed by the
City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached First Amendment
is hereby authorized.
SECTION 5, This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the _� �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By. .. � � ::� �. ��-
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OP DENTON
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17 i!� 1�`�1��"1' f'�M�ul�1�l1�1�.�1 1� rIAt) �l�:,REEMENT ("First Amendment"), made and
entered ii�ic� t%i� �'�,�t° cfs�v �3f �f ✓° ��� � 2014, by and between LLOYD GOSSELINK,
Attorney�-at-[�;t��, �: `I �:��x� f'�°c��l� �ita �.al �."��r��oration (hereinafter 66Consultant99), with Paul
Gosselink, Shareholder, having full authority to execute this Agreement on behalf of the firm,
816 Congress Avenue, Suite 1900, Austin, Texas, 78701; and the CITY OF DENTON, a Texas
Municipal Corporation, 215 East McKinney, Denton, Texas, 75201 (hereinafter "City"), with the
City Manager, having full authority to execute this Agreement on behalf of the City.
WITNESSETH:
WHEREAS, the City deems it necessary and in the public interest to employ legal
counsel to provide additional professional legal services with respect to the proposed expansion
of the City's eYisting landfill; and
WHEREAS, Consultant's Air and Waste Practice Group generally breaks down the
landfill permitting process into five (5) phases with costs estimated for each phase of the project;
this Agreement covers phases I through V of the that project. The Agreement previously entered
into by and between the City and the Consultant merely provided for services to be rendered on
Phase I of the project, and was in an amount not-to-exceed $80,000 entered into on June 3, 2011.
The Permit application is expected to be submitted to the Texas Commission on Environmental
Quality ("TCEQ") before June 1, 2014. The professional legal services for the five (5) phases
are expected to run from May 2014 through December 31, 2016.
WHEREAS, the Consultant is willing to continue to perform such services in a professional
manner as an independent contractor; and has competently and efficiently performed similar
services for the City in numerous other matters before the PUC (Public Utilities Commission of
Texas) and the TCEQ over the past years; and the City has selected Consultant on the basis of
demonstrated competence and qualifications necessary to perform the needed services; and
WHEREAS, the City desires to engage the Consultant to render the professional services in
connection therewith, for a fair and reasonable price; consistent with, and for a fee not higher than
the recommended practices and fees published by the applicable professional associations; and such
fees do not exceed any maximum provided by law; all in accordance with the provisions of Chapter
2254 of the Texas Government Code (the "Professional Services Procurement Act"); and the
Consultant is willing to provide such services;
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
City and Consultant do hereby mutually AGREE as follows, to wit:
Page 1
I. Scope of Services: The Consultant shall perform the following services on Phase I
of the Project in a professional manner working as an independent contractor not under the direct
supervision and control ofthe City:
A. 5ervices to be provided:
1. A detailed description of the legal services to be provided is found in an
engagement letter from Paul Gosselink, Shareholder of Consultant, to Vance
Kernler, General Manager of the Solid Waste Department of the City,
bearing a date of March 25, 2014, consisting of four (4) pages.
To cansult with the City Manager, the Assistant City Manager for
Utilities, the General Manager of the Department of Solid Waste, the City
Attorney, and/or other designated personnel or staff regarding the status of
Phases I through V of the Project regarding and any and all aspects of the
professional services to be performed; and to preserve the Attorney/Client
privilege, work product, and all other applicable exceptions to the
discovery or disclosure of documents produced by the City and the
Consultant under the Scope of Services hereinabove.
B, The Consultant shall perform all the services required by this First Amendment in a
timely fashion, and shall complete them in compliance with schedules established by
the City through its General Manager of Solid Waste, as appropriate to carry out the
terms and conditions of this Agreement.
II. Term: This First Amendment shall be effective as of the date of approval of this
First Amendment. The First Agreement shall terminate either upon the completion of the
professional services provided for herein or upan the exhaustion of all professional fees provided for
hereunder or any amendments hereto; whichever event shall first occur. This First Amendment may
be sooner terminated in accordance with the provisions hereof. Time is of the essence of this First
Amendment. Consultant shall make all reasonable efforts to complete the services set forth herein
as expeditiously as possible during the term of this First Amendment, and to meet the schedules
established by the City, through its General Manager of Solid Waste, or his designee.
III. Compensation and Method of Payment:
A. The Consultant shall charge the following fees for its professional services provided
to the City hereunder, based upon the following hourly billing rates for the attorneys
and support staff involved in this matter for the year 2014:
Staff
HourlXRate
Paul Gosselink, Shareholder $ 350.00
Duncan Norton, Shareholder $ 335.00
Jeff Reed, Associate $ 235.00
Other Attorneys; Averaging $ 300.00
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Paralegals $ 120.00
Law Clerks $ 90.00
Consultant agrees that all charges for the legal services hereunder, including
expenses as set forth in Section III. C. below, shall not exceed an additional
$400,000, totaling an aggregate of not-to-exceed $480,000.
B. The Consultant shall endeavor to have the attorneys and emp(oyees listed in Section
11I.A, above, reasonably attempt to reduce costs by utilizing other qualified
sharehalders, associates, and paralegals wherever feasible or possihle. The
Consultant shall bill the City through the submission of itemized invoices,
statements, and other documentation, together with support data indicating the
progress of the work and the services performed on the basis of monthly statements,
showing hourly rates ind►cating who performed the work, what type of work was
done, and descriptions and/or details of all services rendered, including a daily, and
an entry-by-entry reflection of billable time spent on this engagement, along with
specific descriptions and supporting documentation, if available, respecting any
reasonable and necessary out-of-pocket expenses incurred by Consultant in
performing the professional services provided for under this First Amendment.
Professional fees shall be billed in minimum one-tenth (l/10) hour increments.
�.. Additionally, the City shal] either pay directly or reimburse the Consultant, as the
case may be, for reasonable and necessary actual out-of-pocket expenses, including
but not limited to, long-distance telephone, telecopier, reproduction, postage,
overnight courier, and transportation and travel. All copies will be charged at the
rate of fifteen cents ($. l S) per copy for copies made within Consultant's offices,
with as much photocopying as possible being done by outside vendors at bulk rates
or by the City to reduce costs if bulk copying is necessary or appropriate. The
parties agree that the charges for outgo►ng telecopies from Cansultant shall be $,25
per page and that there will be no charge for incoming telecopies.
D, The parties anticipate that invoices or statements for professional services will be
generated on a monthly basis and that said invoices or statements will be sent to the
City by Consultant on or about the 15th day of each month. The City shall make
payment to the Consultant within thirty (30) days after receipt of an appropriate
itemized invoice or statement. To the extent that any fees or expenses are disputed
by the City, the City shall notify Consultant within thirty (30} days after its receipt of
the invoice or statement, and shall otherwise pay all undisputed amounts set forth in
the invoice or statement within thirty (30) days after its receipt of the invoice or
statement. All reimbursable expenses, including, but not necessarily limited to
travel, lodging, and meals, shall be paid at the actual cost, pursuant to the terms,
canditions, and limitations set forth herein. All invoices or statements shall be a
reviewed and approved by the City Attorney or her designee.
E. It is understood and agreed that the Consultant shall work under the coordination
and general supervision of the General Manager of Solid Waste, or his designee.
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F, All natices, invo�ces, statements, and payments shall be made in writing and may be
given by personal delivery or by mail. As to notices: to General Manager of Solid
Waste, City of Denton, Texas, 1527 South Mayhill Road, Denton, Texas 76208 or to
his designee. As to invoices, statements, or payments: to the General Manager of
Solid Waste at the address stated hereinabove; and to the City Attorney, 215 East
McKinney Street, Denton, Texas 76201 as to the City; and to Paul Gosselink, Lloyd
Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701, as to the
Consultant, When so addressed, the notice, invoice, statement and/or payment shall
be deemed given upon deposit of same in the U. S. Maii, postage prepaid. In all
other instances, notices, invoices, statements, and/or payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and
addresses of the responsible person or office to which notices, invoices, statements
and/or payments are to be sent, provided reasonable notice is given.
IV. Professional Cornpetency:
A. Consultant agrees that in the performance of these prafessional services, Consultant
shall be responsible to the level of competency and shall use the same degree of skill
and care presently maintained by other practicing professionals performing the same
ar similar types of work in the State of Texas. The key Shareholder wha will
coordinate most of the work hereunder shall be Paul Gosselink, Shareholder.
However, nathing herein shall limit Consultant from using other qualified and
competent members of the firm to perform the services required herein if such
delegation is reasonably appropriate and praperly protects the City's interests.
B. Any agreements, ordinances, notices, instruments, memoranda, reports, letters,
and other legal documents prepared or obtained under the terms of this First
Amendment are instruments of service and the City shall retain ownership and a
property interest therein. If this First Amendment is terminated at any time for
any reason prior to payment ta the Cansultant for work under this First
Amendment, all such documents prepared or obtained under the terms of the First
Amendment shall upon termination be delivered to and become the property of
the City upon request and without restriction on their use or further compensation
to the Consultant.
V. Establishment and aintenance of Records: Full and accurate records sha(l be
maintained by the Cansultant at its place af business with respect to all matters covered by this First
Amendment. Such records shall be maintained for a period of at least three years after receipt of
final payment under this First Amendrnent.
VI. Audits and Inspection: At any time during normal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's
records with respect to all matters covered by this First Amendment. The Consultant shall permit
the City to audit, examine, and make excerpts or transcripts from such records, and to make audits
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of contracts, invoices, materials, and other data relating to all matters covered by this First
Amendment.
VII. Accomplishment of Proiect: The Consultant shall commence, carry on, and
complete this professional engagement with all practicable dispatch; in a sound, econornical and
effrcient matter; and, in accordance with the provisions hereof and all applicable laws. In
accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the
work involved is properly coordinated with any related work being carried on by the City.
VIII. Indemnitv and In���;i�c;i�cl�R�t ('nntractnr Relat�nnch�n;
A, Consultant shall perform all services as an independent contractor not under the
direct supervision and control of the City. Nothing herein shall be construed as
creating a relationship of employer and employee between the parties. The City and
Consultant agree to cooperate in the defense of any claims, action, suit, or
proceeding of any kind brought by a third party which may result from or directly or
indirectly arise from any negligence and/or errors or omissions on the part of the
Consultant or from any breach of the Consultant's obligations under this First
Amendment. In the event ofany litigation or claim under this First Amendment in
which Consultant is joined as a party, Consultant shall provide suitable counsel to
defend City and Consultant against such claim, provided the Consultant shall have
the right to proceed with the competent counsel of its own choosing. The Consultant
agrees to defend, indemnify and hold harmless the City and all of its officers, agents,
servants, and employees against any and all such claims to the extent of coverage by
Consultant's professional liability policy. The Consultant agrees to pay all expenses,
including but not limited to attorney's fees, and satisfy all judgments that may be
incurred or rendered against the Consultant's professional liability insurance policy.
Nothing herein constitutes a waiver of any rights or remedies the City may have to
pursue under either law or equity, including, without limitation, a cause of action for
specific performance or for damages, a loss to the City, resulting from Consultant's
negligent errors or omissions, or breach of contract, and all such rights and remedies
are expressly reserved.
B. Consultant shall maintain and shall be caused to be in force at all times during the
term of this First Amendment, a legally binding policy of professional liability
insurance, listed by Best Rated Carriers, with a rating of "A-" or above, issued by an
insurance carrier approved to do business in Texas by the State Insurance
Commission. Such coverage shall cover any claim hereunder occasioned by the
Consultant's negligent professional act and/or error, act, or omission, in an amount
not less than $1,000,000 combined single limit coverage per occurrence. In the
event of change or cancellation of the policy by the insurer, the Consultant hereby
covenants to immediately notify the City in writing thereof; and in such event, the
Consultant shall, prior to the effective date of change or cancellation, serve a
substitute policy furnishing the same or higher amount of coverage. The Consultant
shall provide a copy of the declarations page of such policy to the City through its
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General Manager of Solid Waste simultaneously with the execution of this First
Amendment,
IX. Termination of A�reement:
A. In connection with the work outlined in this First Amendment, it is agreed and fully
understood by the Consultant that the City may cancel or indefinitely suspend
further work hereunder or terminate this First Amendment at any time upon written
notice to Consultant, Consultant shall cease all work and labor being performed
under this First Amendment. Consultant may terminate this First Amendment by
giving the City fifteen (l5) days written notice that Consultant is no longer in a
position to continue representing the City. Consultant shall invoice the City for all
work satisfactorily completed and shall be compensated in accordance with the
terms of this First Amendment. All reports and other documents, or data, or work
related to the project shall become the property of the City upon termination of this
First Amendment.
B. This First Amendment may be terminated in whole or in part, in writing, by either
party in the event of substantial failure by the other party to fulfill its obligations
under this First Amendment through no fault of the terminating party. Provided,
however, that no such termination may be affected, unless the other party is given
[i] written notice (delivered by certified mail, return receipt request) of intent to
terminate, 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. Nothing contained herein or elsewhere in this First Amendment shall require the
City to pay for any work which is unsatisfactory or which is not submitted in
compliance with the terms of this First Amendment.
X. Alternate Dispute Resolution: The Consultant agrees that, if necessary, it will use
its best efforts to resolve any disputes regarding the First Amendment through the use of inediation
or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practices
and Remedies Code (V.A.T.C.S.).
XI. Entire A�reement: This First Amendment represents the entire agreement and
understanding between the parties and any negotiations, proposals, or oral agreements are intended
to be integrated herein and to be superseded by this written First Amendment, Any supplement or
amendment to this First Amendment, in order to be effective, shall be in writing and signed by the
City and the Consultant.
XII. Compliance with Laws: The Consultant shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of
Professional Conduct.
Page 6
XIII. Governin� Law: For the purpase of determining place of agreement and law
governing same, this First Amendment ►s entered into in the City and County of Denton, State of
Texas, and shall be construed in accordance with, and governed by the laws of the State of Texas.
Venue and jurisdiction of any suit or cause of actian arising under or ►n connection with this First
Amendment shall lie exclusively in a court of competent jurisdictian sitting in Denton County,
Texas.
XIV. 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.
/:���'� �ri:
A. Consultant represents that it has or will secure at its own expense all personnel
required to perform the services required under this First Amendment. Such
personnel shall not be employees nor 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 First Amendment, in accordance with
Consultant's responsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. All services required hereunder will be performed by the Consultant or under its
direct supervision. All personnel engaged in work shall be qualified and shall be
licensed, authorized, or permitted under state and local laws to perform such
serv2ces.
XVI. Assi�nability: The Consultant shall not assign any interest in this First Amendment
and shall not transfer any interest in this First Amendment (whether by assignment, novation, or
otherwise) without the prior written consent ofthe City thereto.
XVII. Severabilitv: All agreements and covenants contained herein are severable, and in
the event any of them, with the exception of those contained in sections headed "Scope of
Services", "Independent Contractor Relationship", and "Compensation and Method of Payment"
hereof, shall be held to be invalid by any court of competent jurisdiction, this First Amendment shall
be interpreted as though such invalid agreements or covenants were not contained herein.
XVIII. Responsibilities for Claims and Liability: Approval by the City shall not
constitute nor be deemed a release of the responsibility and liability of the Consultant for the
accuracy and competency of its work; nor shall such approval be deemed to be an assumption of
such responsibility of the City for any defect in any report or other documents prepared by the
Consultant, its sharehalders, associates, employees, officers, or agents in cannection with this
engagement.
XIX. Modification of A�reement: No waiver or modification of this First Amendment
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. No evidence of any waiver or modification
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shall be offered or received in evidence in any proceeding arising between the parties hereto out of
or affecting this First Amendment, or the rights or obligations of the parties hereunder, unless such
waiver or modification is in writing, duly executed as aforesaid. The parties further agree that the
provisions of this article will not be waived as herein set forth.
XX. Captions: The captions of this First Amendment are for informational purposes
only and shall not in any way affect the substantive terms or conditions ofthis First Amendment.
XXI. BindinE Effect: This First Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors, and assigns, where permitted by this Pirst Amendment.
IN WITNESS HEREOF, the City of Denton, Texas has executed this First Amendment in
four (4) original counterparts by and through its duly authorized City Manager; and Consultant has
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CITY OF DENTON, TEXAS
A Texas Municipal Corporation
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CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPRf �! ��l) AS T) LEGAL FORM:
ANITA �3URGES�, CITY ATTORNBY
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ATTEST:
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LLOYD GOSSELINK, P.C.
A Texas Professional Corporation
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PALTL GOSSELINK, Shareholder
Page 9
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tiinc a� lh� �i��E�lic�t�tio�� is cith�r ziE�pr���-�c1 ��;ilh���tt �.� hc��rin� <ir rLf"c:rrc.cl «� th� �[atc O1'(ic�: of
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�i�cl latc in th<<t ycrtr°. "(�I.�� l�n�r�h ph���� i�; tl�c� c��>�ttc�tecl c��sL hturii7� phr�s�; ���hich �vill lik�ly «ccur
in �arl�� '�(} l�� anc! c«ilii�itic tiu��au�h tf7e ciYCl of' 201 G, Thc !il'th plltts� �vlli�l7 inclttd�s E�ast-
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Amend 1- File 4703 Lfoyd Gosselink Rochelle & Townsend, PC
Exhibit A
March 25, 2014
Page 2
Phase i; 2013 — 6/1/2014
This phase includes the time period prior to filing the application.
Attomey Tasks:
o Review and comment on draft application.
o Legal research on issues as they arise.
o Coordinate with consultants.
o Retain consulting experts.
o QA/QC meetings.
o Direct and review consultant activities.
o Coordinate as needed with Local and State Of�cials.
o Coordinate with Federal agencies,
• Costs.
o Estimated attorney's fees and costs: $100,000 -$175,000.
Phase II: 6/1/2014 — 3/1/2015
This phase will cover the time period during which the permit application is submitted to the TCEQ
until it has been declared technically complete. We anticipate this phase will be completed in early
2015 and involve the following specific tasks:
Attorney Tasks:
o Coordinate with client and technical consultants regarding proposed revisions to
the application due to TCEQ concerns.
o Discuss and meet with TCEQ staff regarding technical completeness and adequacy
of permit application.
o Coordinate with Local and State Officials.
o Coordinate regarding public notices.
o Meet with TCEQ management regarding policy issues, if needed.
o Negotiate with Local Officials and citizen groups regarding agreements and/or
approvals.
o Legal research on issues as they arise.
o Conduct and participate in phone calls and correspondence with client, engineering
group, other experts, and TCEQ.
o Coordinate with Federal agencies
• Costs:
o Estimated attorney's fees and costs; $50,000 -$125,000.
Phase III: 3/1/2015 — lp/1/2015
This phase will cover the time period subsequent to the permit application being declared
technically complete and will continue until such time as the application is either approved without
Amend 1 - File 4703
Exhibit A
March 25, 2014
Page 3
a hearing or referred to the State Office of Administrative Hearings (SOAH) for a hearing. This
phase is likely to be completed in late 2015, We have identified the following specific tasks that we
anticipate will occur in Phase III:
Attorney Tasks:
o Monitor task schedules and coordinate with engineer �roup and other experts.
o Potentially continue to work with Federal agencies.
o Coordinate with TCEQ regarding required public notices.
o Legal research on issues as they arise.
o Mediate and/or meet with prospective protestants to try to resolve all or some
issues.
o Work with TCEQ staff on Executive Director's Response to Comments.
o Caordinate public meeting(s), to include:
■ Helping with presentation,
■ Helping coordinate exhibits, and
■ Helping coordinate with TCEQ staff.
o Draft responses to hearing requests to seek to limit parties and issues.
o Potentially begin work on prefiled testimony and exhibits, including review of prior
transcripts and depositions. Distribute relevant materials to experts.
• Costs:
o Estimated attorney's fees and costs: $55,000 -$140,000.
Phase IV: 10/1/2015 —10/1/2016
This phase will cover the contested case hearing and post-hearing phase, through consideration of
the PFD by the Commission.
Attomey Tasks;
o Conduct mediation and/or meetings with protestants and draft settlement
documents.
o Complete pre-ftled testimony with experts and other witnesses.
o Prepare for and attend jurisdictional hearing.
o Propound and respond to discovery.
o Review documents produced.
o Prepare for and conduct hearing on the merits.
o Prepare and respond to post-hearing briefs and Proposal for Decision.
o Prepare for and participate in TCEQ Fina1 Decision Agenda.
o Research legal issues.
• Costs:
o Estimated attorney's fees and costs to be determined after first three phases are
completed.
Amend 1 - File 4703
�
March 25, 2014
Page 4
Phase V: 1/1/2015 — 9/1/2015
If needed, this phase will include responding to any motions for rehearing at TCEQ and/or defending
the permit from State District Court challenges. It does not include possible Appellate Court
challenges.
• Attorney Tasks:
o Respond to Motions for Rehearing at TCEQ.
o Coordinate with TCEQ and Texas Attorney General's Office.
o Conduct Travis Co. District Court Administrative Appeal.
• Costs:
o Estimated attorney's fees and costs: to be determined after Phases III and, if it
occurs, Phase IV are completed.
The fees and costs contained in this budget estimate are based on the expectation that two
lawyers and one paralegal will be needed on this case. Our 2014 billing rates are as follows:
Paul Gosselink ($350.00 per hour); Duncan Norton ($335.00 per hour); Jeff Reed ($235.00 per
hour); other attorneys to assist with legal research, briefng, and other prepazations (average
$300.00 per hour); a paralegal ($120.00 per hour); and law clerks ($90.00 per hour). We
anticipate that Paul Gosselink and Jeff Reed will be the attorneys primarily responsible for this
representation. If the case includes a contested case hearing, other attorneys may be included to
handle specific tasks. We will maintain these rates for the next two years. We may revise these
rates in 2016.
Please understand that the wide range of casts projected for this case is primarily due to
the uncertainties regarding the level of opposition and technical issues that might arise. The time
estimates are also approximate and largely dependent on TCEQ and SOAH schedules, which can
vaxy significantly depending on workloads and opposing party considerations. Settlement with
protestants can significantly reduce these costs, depending on the timing of such settlement.
We very much appreciate the opportunity to work with the City on this matter. We value
Denton as a firm client.
Once you have had the chance to review this estimate of legal and consultant fees, please
feel free to call if you have any questions or wish to discuss this important matter further.
Sincerely,
�� ¢
� � a�,
Paul Gosselink
PGG/mpj
4379704.2
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