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Contract - Herrera Law & Associates, PLLC - 12/3/2020LEI f i L P%. F'.., E K-A L A W &- ASSOCIATES. "11(.' November 16,, 2020 Mr. Stephen Sheets City Attorney — Round Rock, Texas 309 E. Main St. Round Rock, Texas 78664 RE: Updated Engagement Letter Between City of Round Rock and Herrera Law & Associates, PLLC Regarding SOAH Docket No. 473-1.8-1422.WS / PUCT Docket No. 48836, Dear Mr. Sheets: On January 10, 2019, the City Council for the City of Rock, Texas ("'City") adopted Resolution No. R-2019-0002 in which it engaged our firm, Herrera Law & Associates, PLLC ("HLA") to advice and represent the City regarding SOAI-J Docket No. 473-18- 14221WS / PUC'j- Docket No. 48836, Paloma Lake Municipal Utility District No. 1, Paloma Lake Municipal Utility District No. ' 2., Vista Oaks Municipal Utility District, Williamson County Municipal Utility District NO. 10, and Williamson County Municipal Utility District No. 11 Appealing the Ratemak-ing Actions Qf the City of Round Rock in Travis and Williamson Counties ("'Docket No. 48836").1 As you know, Docket No. 488-36 has not been resolved by way of settlement, the Public UtI.litY Commission of Texas ("Commission" or (..PIJCT") has disposed of several threshold legal questions regarding the scope of its review of the City's water and wastewater rates, and has referred the case to the State Office of Administrative Hearings ("SOAR") for a hearing on the merits of the Petitioning MUDs' complaint. Thus, this letter is intended to confirm the terms of our continued eno-aorement regarding our representation of the City in relation. to Docket No. 48836. As we did under our initial engagement, we will continue to review and familiarize ourselves with the City's prior actions in its relationship with the Petitionino- MUD s including, the City Council's actions to set wholesale water rates for the Petitioning MUDs, the contracts between the City and each Petitioning MUD, correspondence to and from the Petitioning MUDs, and of course, the Texas Water Code, the Public Utility Regulatory Act, and the Administrative Procedures Act. We also will continue to review prior decisions issued by the Commission relevant to the Petitioning, MUDS' petition and relevant opinions issued by the Texas courts of appeals. We will also reach out to Commission Staff on an Paloma Lake Municipal Utility District No. 1, Paloma Lake Municipal Utility District No. 21 Vista Oaks Municipal Utility District, Williamson County Municipal Utility District No. 101) and Williamson County Municipal Utility District No. 11, are collectively referred to as the "Petitioning MUDs" and individually as the Petitioning MUD." Z-) 4400 MED1CAL. PARKWAY AUSTIN, TEXAS 78756 -- 0 5 1 2 4 7 4 1 4 9 2 F 5 1 2 4 7 4 -.2 E) 0­7 j N ry W IN \Aj . h e r r e r a 1,3 w pi I c. c 0 m F:7 *-I 2fj -©� g6 as -needed basis to assist the Commission Staff in its understanding of the City" s water and wastewater rates and'. the City s contractual relationship with each Petitioning MUD. Additionally, in this next phase of Docket No. 48836, in representing the C11111ty S interests,, we will prepare for the hearing on the merits before SOAR, leading to a decision by the full Commission. To that end,, our tasks will include assisting the City in (1) preparing its rate -filing package, along with accompanying written testimony, in support of the City's rates; (2) responding to requests for information from the Petitioning MLJDs and the PUCT Staff; (3) presenting the City's evidence hearings before SOAR and the CoIll-ission; (4) Preparing post�hearing briefs; (5) preparing bnefings following issuance of SOAH's proposal for decision; and (6) preparing any post -decision pleadings, including any motions for rehearing. Following issuance of the Commission's final order, we will review with the City the need,, if any, for pursuing an appeal to the courts of the Commission's final order. While I personally will perform much of the work on this project, other lawyers and legal assistants employed by our firm may,also work in providing you our services under this Engagement Lettei. All work on this project will be done under my direct supervision. My hourly rate for this project is $485.00 per hour.2 The time for our legal ass*stants will be billed at $145.00 per hour and the time for our legal clerk's i*s billed at $125,.00 to $175.00 per hour. The time for our associates' services will be billed at a rate ranging from $250oOO to $335.00 per hour. The names and the billing rates for the other attorneys in our office who may assist me under this.. Engagement Letter are noted bel,ow. NAME BILLWG TE Brennan Foley $335oOO Sergio E. Herrera $250000 It 1*s difficult to provide a precise amount for our servibut My estimate of our legal fees to represent the Ci9 %10 %OF 100 S interests in this matter through a final order from the Commission is in the range of $250,00t 0.00 o $300,000.00. I stress that these amounts are an estimate and given&V%5re ed1#ngs of rate procebefore the C0131mission, we are not in a position t rovide more precise amounts. My estimate -assumes the matter is a fully -litigated * 46 proceeding before SOAR and the Commission. The amount of our fees is highly dependent on the degree of controversy the Petitioning MUDS' petition engenders, and in particular the extent of discovery disputes that arise as we move to Phase II of this proceeding and the amount o testimony the parties,present in the case. z Please note that effective January 1, 2019, the bitting rate for my services was $475.00 per hour; beginning on January 1, 2020, my billing -rate was $485.00 per hour, where it remains. However, because we began work on this project. in the latter part of 2018 at my billing rate of $450.00, we continued my billing rate for this project at $450.00 through 2019 and most of 2020, While I expect an incremental increase in my bIlling rate beginning January 1, 2021, we will retain my billing rate o'1111111 CA85 per hour through issuance of a final order by the Commission. 2 of 4 Updated Engagement Letter: RoundRock-wHLA Docket No. 48836 Nonetheless, we will watch our fees and expenses closely. The fees for our services will be based on the time we spend working on project at the hourly rates I note above. Though our rates are subject to change once a year, we will maintain my billing rate through issuance of a final order by the Commission. Generally, we will bill the City for all time spent on your matter. Our firm bills in minimum one -tenth hour increments. We will forward billing statements monthly to you or to where you instruct us. Our statements will contain a description of the service we provided, including the date the service was provided, the person performing the service, the amount of time involved, and a description of the task performed. Our monthly statements also will itemize monies we have expended on your behalf for such things as travel and accommodations, long distance telecommunications, photocopies, facsimile (fax) transmissions, and electronic legal research charges. Payment is due in accordance with Chapter 2251 of the Texas Government Code, as amended. As a matter of course we do not charge our clients for meals while traveling and our billing rate for travel time is one-half of our regular billing rates. We have performed a check for conflicts and found no apparent or current conflicts. If you find the terms for updated engagement of our services acceptable, please so indicate by signing where noted below. If you have any questions or concerns, please call me so we may discuss them. We greatly appreciate the opportunity to provide these services to the City and look forward to working with you. Si rely, Alfred R. Herrera Principal in the Firm 512-474-1492 (office) 512-474-2507 (fax) 512-653-6462 (mobile) aherreragherreralawpllc.com 3 of 4 Updated Engagement Letter: Round Rock-HLA Docket No. 48836 ACKNOWLEDGEMENT AND ACCEPTANCE I have read this Updated Engagement Letter and a«ree to continue engagement of the b services of Herrera Law & Associates, PLLC under the terms described above and authorized to enter into this agreement. Date: I , 2020 Signature I NID �2 Printed Name of Sid, atory City of Round Rock, Texas 4 of 4 Updated .engagement Letter Round Rock-HLA Docket No. 48836 . .. . . ::: * W-- - . .. W - - . ... � . 5;., , '=.' «+ ac . . '. . . I . . . . : . . . . . . . . . . . .. . . . I .. - . . . . . . . . . .. . . , . . . , : * : . I : I . . . - . . . . . . . , I . . I . : . . -.. . . . . I . . , : . ... .. .. I '. .: : - - . : . . . : : : . . . . . 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I . : :> I : . , . - CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos, 1 w 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 21 31 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2020-692061 Herrera Law & Assciates, PLLC Austin, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/20/2020 being filed. City of Round Rock Date Acknowledged: 12/03/2020 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 000000 PUC DN 48836 Legal Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Herrera, Alfred Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ,and my date of birth is My address is I - (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www,ethics.state,tx,us version v:L,:L,jaiaaaua