ORDER NO. 31654 SELECT CONSULTANT FOR 2010 CENSUS REDISTRICTING Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve entering into a Contract with Bickerstaff, Heath, Delgado, Acosta, LLP as the Consultant, for Redistricting in 2011, and authorize County Judge to sign Contract for same, as approved by the County Attorney. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: March 8, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to select consultant for 2010 Census Redistricting and authorize County Judge to sign contract for same EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: 3/ ? S Y IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 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. 1. The Scope 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. 2. 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 annually, increasing them to reflect experience, expertise, and 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 $490 and $200 per hour; the billing rates for associates and staff attorneys are between $250 and $165 per hour; the billing rates for paralegals and specialists are between $150 and $110 per hour, the billing rate for law clerks is $60 per hour, and the billing rate for case clerks is $50 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out-of-pocket expenses (such as 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 description of the most common expenses. 4. Billing Procedures and Terms of Payment Our billing period begins on the 16th of the month and ends on the 15th of the following 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. You agree to pay each statement in full in U.S. Dollars within the time for payment established by Texas Government Code Section 2251.021 (or any successor statute). Should you fail to pay any sum within such payment period, you promise to pay interest on all sums overdue in accordance with the rate and provisions specified in Texas Government Code Section 2251.025 (or any successor statute). 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. 5. 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. Retainers A retainer is not required to commence work on this matter. 7. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference. 8. 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. 9. Governing Law 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 Travis County, Texas, United States of America. 10. Questions 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. Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP 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 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. The Firm's 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. Postage Our postal equipment calculates exact U.S. 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. We will not charge clients for postage on routine correspondence; however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. Copies Our standard rate for black and white copies made by Firm personnel is $0.15 per copy. Color copies are charged at a standard rate of $0.55 per copy. These charges cover 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. Maps and Color Prints Plan maps (or other maps or color diagrams, etc.) will be charged at the following rates: $85.00 per map for large-size format (34" x 44"); $55.00 for a 22" x 34" large-size format map; $20.00 per map for medium-size format (11" x 17"); $8.00 per map for small-size format (8 %i" x 11 "); and $2.00 for non-map color prints. If large numbers of color or large- or medium-format copies are required or requested, if limited available internal plotter resources require it, or if savings may be realized by doing so and time permits, an outside reproduction service may be used; the client will be charged the actual costs incurred by the firm for such reproductions or copies. 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 per-minute fees for on-line connect time are charged to the client at the rate charged to the Firm, plus applicable taxes and surcharges imposed by governmental entities. 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 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, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client-approved activities. RESOLUTION NO. WHEREAS, Kerr County, Texas (County), by and through its Commissioners Court and pursuant to all relevant authority, desires to retain and acquire legal counsel and related professional and personal services regarding its 2010 redistricting project, including all issues, matters, tasks, and procedures related thereto, whether performed in 2010 or afterward (project); and WHEREAS, the County desires to retain the law firm of Bickerstaff Heath Delgado Acosta LLP of Austin, Texas for the 2010 redistricting project due to the experience and expertise of said law firm in certain practice areas, including redistricting, elections, and voting rights; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Commissioners Court of Kerr County, Texas (Commissioners Court), for and in behalf said County and the public interest, hereby finds and orders the following: (1) It is necessary, proper, and advisable for the County and its Commissioners Court to be represented by the following law firm regarding all issues, matters, tasks, and procedures related to the 2010 redistricting project, due to the legitimate and principal interests of the County and the public: Bickerstaff Heath Delgado Acosta LLP of Austin, Texas (law firm). (2) Said law firm is hereby retained by the Commissioners Court in behalf of the County, and formally engaged and hired, to provide legal counsel and related professional and personal services regarding the 2010 redistricting project, pursuant to the contract for legal services (said contract) hereby executed between the parties regarding the project, said contract being attached, approved, and incorporated by reference. (3) Singular nouns and pronouns shall include the plural, and the masculine gender shall include the feminine gender, where necessary for a correct interpretation of this instrument. (4) This resolution shall take effect immediately from and after its passage. (5) All preliminary recitals of this resolution are true, correct, and incorporated by reference. (6) All prior acts of the County, including its elected officials, appointed officials, officers, employees, agents, attorneys and representatives are hereby ratified, confirmed, and approved regarding the 2010 redistricting project. 1 (7) This resolution was considered, ordered, passed, and approved at a meeting held in compliance with Chapter 551 of the Texas Government Code, the Texas Open Meetings Act. (8) The Commissioners Court by order hereby grants an exemption regarding said contract from the competitive bidding and procurement requirements of section 262.023 of the Texas Local Government Code, pursuant to and in accordance with section 262.024 of the Texas Local Government Code and other authority, in view of the professional and personal services to be rendered by said law firm to the County and its Commissioners Court regarding the 2010 redistricting project. PASSED, ORDERED, APPROVED, AND ADOPTED on the day of , 2010. SIGNED on the day of )2010. THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS County Judge County Commissioner, Precinct 1 County Commissioner, Precinct 2 County Commissioner, Precinct 3 County Commissioner, Precinct 4 ATTEST: County Clerk 2 Jody Grinstead From: Jody Grinstead [jgrinstead@co.kerr.tx.us] Sent: Tuesday, March 02, 2010 3:38 PM To: 'Buster Baldwin'; 'Bill Williams'; boehler@co.kerr.tx.us; jletz@co.kerr.tx.us Subject: FW: Redistricting Proposed Budget Attachments: Kerr County-Ltr to Judge and Budget.pdf Liij Kerr County-Ur to Judge and B... FYI. Jody Grinstead Kerr County Commissioners' Court Coordinator 700 Main Street, Ste. 101 Kerrville, TX 78028 (830) 792-2211 -----Original Message----- From: Denise Anderson [mailto:danderson@bickerstaff.com] Sent: Tuesday, March 02, 2010 2:09 PM To: Jody Grinstead Cc: David Mendez Subject: RE: Redistricting Proposed Budget Jodi, Here it is - the cover letter and the budget. I will put hard copy in the mail today. Denise >>> "Jody Grinstead" 3/2/2010 2:03 PM >>> Denise, Please send the information to me and I will make sure Judge Tinley gets it. Thanks so much! Jody Grinstead Kerr County Commissioners' Court Coordinator 700 Main Street, Ste. 101 Kerrville, TX 78028 (830) 792-2211 -----Original Message----- From: Denise Anderson [mailto:danderson@bickerstaff.com] Sent: Tuesday, March 02, 2010 10:36 AM To: jgrinstead@co.kerr.tx.us Subject: Redistricting Proposed Budget Jodi, We are sending the Judge a proposed budget for 2011 redistricting services and would like to email him a pdf of it. I have found 2 different email addresses for Judge Tinley: ptinley@co.kerr.tx.us and cojudge@co.kerr.tx.us. Which address should I use? Or should I just send it to you and you can forward to him? 1 Let me know. Thanks. Denise Anderson Paralegal Bickerstaff Heath Delgado Acosta LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 Phone: 512-472-8021 FAX: 512-320-5638 danderson@bickerstaff.com Dickerstaff Heath Delgado Acosta LLP ._ 4711 S Mollat: Expr&kswav Building One, Suitt 30tt Austin. Texas 78746 (612) 472 8021 Fax (512) 320 5638 www.bickerstaff.com March 2, 2010 Honorable Pat Tinley Kerr County Judge 700 Main Street Kerrville, TX 78028 Dear Judge Tinley: I wanted to thank the Kerr County Commissioners Court for allowing me to interview with you last week and explain our firm's redistricting proposal. As I discussed with the Court at the meeting, I am enclosing a preliminary budget for your review which is based on the work we did for you last cycle. The proposed schedule reflects that most of the key tasks do not occur until 2011 once the Census data is released. The budget is prepared to include all the necessary tasks but can be modified to accommodate any number of meetings or plans that the Court wishes to have us to draw and present. I will be your point person on this project and Sherry and I can modify the budget in any areas if you anticipate different needs. 1 would be pleased to review and answer any questions you may have about any of the tasks described in the budget. Please call me when you have had an opportunity to review the proposed budget and let me know if there are any questions you may have or any changes you would like us to make to the proposal before you present it to the commissioners court. We value Ken: County as a client and appreciate the opportunity to continue to represent the County on this important project next year. Sincerely, David Mendez DM/da Enclosure PROPOSED KERR COUNTY BUDGET 2011 REDISTRICTING 1. PRELIMINARY WORK (NEW CLIENTS) luitinl schetlulc planning Crntdnct training se5i100s Idnutfy and hcgm oilier Cenws-riatrd tao,k; Verify maps and geocodr locations (pu)Im . i?icamh<^;!n, (retihuc,) if. INI r1AL ASSESSMENT P.epcuauon of initial ussessmem (Rn Ill. CONSULT i%ITH CLIENTAND DEVELOP AND ADOPT CRITERIA hatial cou.uhation v ith Ctmu;tissioners Translate notice of public meeting (cntt:r;a) Dral) resolution on criteria & process ADVICEICONSULTATION Total Hours ADVICEICONSULTATION Total Cost Partner Atty Senior GIS GIS 1'ara SM 5250 5150 S130 ?, I?o Reimbursable Fiat Re E%jwoses 1% 1DF? FLOP REDISTRICTING PLANS f)aild first iliustratite plan Xijust first illuctrau%e plan & present to public S cond illustrati%c plan cc ion Precinct plan DE% FLOP REDISTRICTING PLANS Total Hours DEVELOP REDISTRICTING PLANS Total Cost V. PUBLIC HEARINGS AND ADOPTION OF PLAN Prepare for and conduct Public hearings by tclephone/in person Analyze public input Prepare for and conduct meeting at conclusion of :,,i 'ngs to present findings Meeting to adopt Final Man Court reporter Fee for transcript Translate hearing notices Large Format Maps for Posting at Hearings (4 Maps . t $50.00 each) PUBLIC HEARINGS AND ADOPTION OF PLAN rotal Hours PUBLIC HEARINGS AND ADOPTION OF PLAN Fatal Cost V1. DOJ SUBMISSION Mnps/demographic information Staff gather exhibit materials Attorney draft letter Final compilation/organization/binding mailing Translate notice to public re submission ca)py location Written description of districts reviess (optional - not included n tr n budge I Analyze Section S & section 2 liability Re%icA, public bearing transcripts misc. copyingiphone calls postage costs DOJ SUBMISSION Total Hours DOJ SUBMISSION Total Cost VII. RESPOND TO DOJ REQUESTS FOR ADDITIONAL. INFORMATION Phone calls from DOJ Tech person asking questions Phone calls to DO) regarding Submission status (ationicyl Additional maps data collection for submission Rc%iew supplemental data Possible second ubmission/change election date (optional - not included in this budget) RESPOND TO DOJ REQUESTS FOR ADDITIONAL. INFORMATION 'ruin) Hours RE SPOND TO DOJ REQUESTS FOR ADDITIONAL INFORMATION Total Cost 0 0 0 0 6 0 0 D 0 0 0 0 0 0 0 0 p 5 t5 2-- 0. I 5 0 I O..i 0 t' 1 5.4 3 3.5 2.5 2 $1,890 5750 5525 $325 S260 2.5 2.5 2.5 .. 1 2.S ti 0.5 2 6 ) 5 6 7.5 13 S17S0 $I ,500 $1,125 S1690 S01( 4 1 s 1 - 5 2. ti. 2 2 (1.5 2 0 z 1 u 0 t r' ,. 0 U 0 (. 0 0 0-i 0 0 1 7.5 55 4 !.5 5 S2 625 S1,375 56011 Sig-4; S65i) 0) t).5 "13 1 7 ? t I €)_+ tS 1 4 9.7 4.2 11.5 16.5 SIAD0 52,42.5 5630 51,495 S2145 o.i 0 €j t 3 3.5 S 4.5 3 51050 $875 $750 5585 S39o S 3.2 ).....,. SSv S c?;r (- rotas Attorney Hours 52.6 Total GIS Hours 60,2 Total Paralegal Hours 26.5 GRAND TOTALS 58,715 S6,925 53,630 54,680 53,445 $3,250.00S1,550.00 10TAL FOR ALL. 532,195 TO rA L HOURS 139.31 Nut, -0 0w dutermiuation of the number of meetings regii cd to :N.sc k devciup p€a ? ALLISON, BASS & ASSOCIATES, L.L.P. JAMES P. ALLISON J.allison@aMson-bass.com ROBERT T. BASS r.bass@allison-bass.com Hon. Pat Tinley Kerr County Judge 700 Main St. Kerrville, TX 78028 A. O. WATSON HOUSE 402 WEST 12'$ STREET AUSTIN, TEXAS 78701 law@allison-bass.com (512)482-0701 FAX (512) 480-0902 November 17, 2009 VANESSA A. GONZALEZ Board Certified Labor and Employment Laiv Texas Board of Legal Specialization v.gonzalez@allison-bass.com J. ERIC MAGEE e.magee@alllson-bass.com RE: 2011 Redistricting of Commissioners Court, Justice of the Peace and Election Precincts Dear Members of the Commissioners Court: Several months ago, we mailed a packet of information regarding the requirements imposed by state and federal law to periodically evaluate political boundaries and included draft contracts for our services in this regard. Many Texas counties have enlisted our assistance for the 2010-11 redistricting effort. All Texas counties should plan now to address this important matter. Virtually every political jurisdiction in Texas is impacted by the constitutional and statutory requirements that are triggered by the 2010 federal census. The actual census count, conducted in April of 2010, will have significant legal and fiscal impact upon your county. Once the census data is released, typically between January and March of 2011, governmental units will have very little time to analyze, draft and adopt revised political boundaries before the election cycle begins in November of 2011. Unless your county has made the necessary plans for the redistricting process well in advance, there is a considerable degree of risk that your county may be exposed to legal complications. Our firm has more than 60 years cumulative experience in redistricting. Over that time, we have assisted hundreds of Texas counties, cities, school districts and special districts with the complex duties imposed by the United States Constitution, the Voting Rights Act, and by Texas election laws. Our fixed fee structure is perhaps unique in providing a turnkey program at the lowest cost, spread over several budget years. However, there will be a practical limit to the number of counties we will be able to represent. If you have not already selected a consultant, please consider enrolling your county now to secure your participation in our redistricting program. We are enclosing a duplicate copy of the contract for services previously provided to you. We sincerely appreciate your attention to this important matter. Sincerely, Robert T. Bass Sincerely, 'J James P. Allison FLAT RATE/FAED FEE CONTRACT FOR PROFESSIONAL SERVICES WHEREAS, under the provisions of the Texas Constitution and federal law, the governing body of a political entity with members elected from single member districts is responsible for the division of the political entity into precincts, districts or wards, and to conduct periodic reapportionment of such wards to accomplish fair representation and one-person-one- vote balance; and WHEREAS, the apportionment of the population of the political entity must comply with state and federal statutory requirements; and WHEREAS, professional assistance will assure that the obligations imposed by state or federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all necessary professional services to assist in this area; Kerr County, acting by and through its Commissioners Court and Allison, Bass and Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and conditions: Section 1: STANDARD SERVICES A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully complete all redistricting projects assigned by the lawful authority of the contracting governmental entity. These services include, but are not limited to, the following: 1. Conduct preliminary planning and assembly of information useful and necessary for the reapportionment of the contracting governmental entity and election subdivisions of the jurisdiction related thereto. 2. Obtain preliminary population data from the U. S. Census Bureau for the 2010 federal census. Prepare the necessary population and demographic analysis to evaluate existing subdivisions of the contracting governmental entity to insure that the same meet all legal requirements under State and Federal law, and to provide a written report to the contracting governmental entity of all findings. 4. In the event existing political boundaries remain in compliance with state and federal law without the necessity of reapportionment following the 2010 census, the contracting governmental entity and Allison, Bass & Associates, L.L.P. will conclude this agreement as provided in Section 2A below. Should redistricting be legally required, Allison, Bass & Associates, L.L.P. will, working in conjunction with the contracting governmental entity, prepare no less than THREE (3) ALTERNATIVE REAPPORTIONMENT PLANS, draft maps, Flat Rate/Fixed Fee Contract for Professional Services Page 1 proposals and notices to satisfy all statutory and constitutional requirements, and will be compensated as provided in Section 2B below. 6. Consult with the designated authority (either the governing body of the contracting governmental entity, or any authorized citizens advisory committee) as needed by mail, telephone, email or facsimile, and no fewer than THREE PHYSICAL APPEARANCES within the jurisdiction being reapportioned. These appearances will include a preliminary workshop with the executive body of the contracting governmental entity, and not less than two (2) meetings with the designated authority. 7. Attend and participate in one or two PUBLIC HEARINGS on proposed redistricting plans. The Public Hearings will be conducted after the designated authority has made a recommendation to the contracting governmental entity, and may be conducted on the same date in two different locations within the jurisdiction being reapportioned. 8. After approval by the executive body of the contracting governmental body, prepare and file all necessary maps and other documentation to complete submission to the U. S. Department of Justice for Preclearance under the Voting Rights Act 9. Upon receipt of Preclearance from the Department of Justice, prepare and file all necessary notice, maps and documentation with the appropriate Texas officials in conformity with State law. 10. In the event litigation is required, Allison, Bass & Associates, L.L.P. will agree to provide such additional legal services and/or support as the parties may contract under separate agreement. B. The contracting governmental entity agrees to provide access to all necessary records and personnel for this project and to fully cooperate with the Attorneys in this project. Section 2: COMPENSATION The contracting governmental entity agrees to compensate Allison, Bass & Associates, LLP for its services as follows: A. Initial Assessment: Fee for preparing an Initial Assessment of existing political boundaries, including the costs of obtaining suitable 2010 Census Data, is $1,500.00. The Initial Assessment fee is due January 31, 2010. Should the Initial Assessment indicate that the existing political boundaries for the contracting governmental entity do not require redistricting under state and federal law, and that Flat Rate/Fixed Fee Contract for Professional Services Page 2 no legal basis exists for further reapportionment services, there will be no additional costs due beyond the Initial Assessment fee. B. Further Reapportionment Proceedings Required Should the Initial Assessment indicate that the existing political boundaries for the contracting governmental entity are unsuitable under state and federal law and services are provided for the reapportionment process the 2nd Installment of $6,500.00 will be due on September 1, 2011. Upon completion of the project, and submission of the plan adopted by the contracting governmental entity to the United States Department of Justice, a final and 3rd Installment Fee of $6,500.00 will be due on September 1, 2012. C. Total Fixed Fee- NOTE: The Fixed fee does not include the cost of publication or mailing of any notice that may be required by state or federal law. The contracting local governmental entity will bear the cost of such publication or mailing. The total fixed fee for services is $13,000.00. EXECUTED on this day of , 20 BY: Allison, Bass & Associates, L.L.P. BY: Title: Kerr County Judge James P. Allison or Robert T. Bass Flat Rate/Fixed Fee Contract for Professional Services Page 3 HOURLY RATE CONTRACT FOR PROFESSIONAL SERVICES WHEREAS, under the provisions of the Texas Constitution and federal law, the governing executive body of a political entity with members elected from single member districts is responsible for the division of the political entity into precincts, districts or wards, and to conduct periodic reapportionment of such wards to accomplish fair representation and one- person-one-vote balance; and WHEREAS, the apportionment of the population of the political entity must comply with state and federal statutory requirements; and WHEREAS, professional assistance will assure that the obligations imposed by state or federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all necessary professional services to assist in this area; Kerr County, acting by and through its Commissioners Court and Allison, Bass and Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and conditions: Section 1: STANDARD SERVICES A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully complete all redistricting projects assigned by the lawful authority of the contracting governmental entity. These services include, but are not limited to, the following: 1. Conduct preliminary planning and assembly of information useful and necessary for the reapportionment of the contracting governmental entity and election subdivisions of the jurisdiction related thereto. 2. Obtain preliminary population data from the U. S. Census Bureau for the 2010 federal census. 3. Prepare the necessary population and demographic analysis to evaluate existing subdivisions of the contracting governmental entity to insure that the same meet all legal requirements under State and Federal law, and to provide a written report to the contracting governmental entity of all findings. 4. In the event existing political boundaries remain in compliance with state and federal law without the necessity of reapportionment following the 2010 census, the contracting governmental entity and Allison, Bass & Associates, L.L.P. will conclude this agreement as provided in Section 2A below. 5. Should redistricting be legally required, Allison, Bass & Associates, L.L.P. will, working on conjunction with the contracting governmental entity, prepare no less than THREE (3) ALTERNATIVE REAPPORTIONMENT Hourly Contract for Professional Services Page 1 PLANS, draft maps, proposals and notices to satisfy all statutory and constitutional requirements, and shall be compensated as provided by Section 213, below. 6. Consult with the designated authority (either the executive body of the contracting governmental entity, or any authorized citizens advisory committee) as needed by mail, telephone, or facsimile, and no fewer than THREE PHYSICAL APPEARANCES within the jurisdiction being reapportioned. These appearances will include a preliminary workshop with the executive body of the contracting governmental entity, and not less than two (2) meetings with the designated authority. 7. Attend and participate in at least one, and no more than TWO PUBLIC HEARINGS on proposed redistricting plans. The Public Hearings will be conducted after the designated authority has made a recommendation to the contracting governmental entity, and will be conducted on the same date in two different locations within the jurisdiction being reapportioned. 8. After approval by the executive body of the contracting governmental body, prepare and file all necessary maps and other documentation to complete submission to the U. S. Department of Justice for Preclearance under the Voting Rights Act. 9. Upon receipt of Preclearance from the Department of Justice, prepare and file all necessary notice, maps and documentation with the appropriate Texas officials in conformity with State law. 10. In the event litigation is required, Allison, Bass & Associates, L.L.P. will agree to provide such additional legal services and/or support as the parties may contract under separate agreement. C. The contracting governmental entity agrees to provide access to all necessary records and city personnel for this project, and to fully cooperate with the Attorneys in this project. Section 2: COMPENSATION A. Initial Assessment: The contracting governmental entity will pay Allison, Bass & Associates, L.L.P. for all services rendered at a rate of $250.00 per hour for all time performed by licensed attorneys of the firm, and $125.00 for all demographers utilized by the firm, plus all incidental and necessary expenses, including but not limited to travel, rental cars, meals, long distance telephone, photocopies, fax communications, costs of data, maps, charts or other data, including any service company expenses incurred in the production of a reapportionment plan. An initial retainer fee of $5,000.00 shall be paid to Allison, Bass & Associates, L.L.P. to cover the costs of acquiring preliminary data, and the preparation of an initial assessment as stated below no later than January 31, 2010. An accounting of all time and expenses shall be Hourly Contract for Professional Services Page 2 billed against this advance fee, and a monthly itemized statement shall be provided documenting all time and expenses incurred on behalf of Kerr County. B. Further Reapportionment Proceedings Required Should our Initial Assessment indicate that the existing political boundaries for Kerr County are unsuitable under state and federal law we will proceed with the reapportionment process at the stated hourly rate, plus expenses. EXECUTED on this BY: Allison, Bass & Associates, L.L.P. BY: day of , 20 Title: Kerr County Judge James P. Allison or Robert T. Bass Hourly Contract for Professional Services Page 3 ---,,Orw- . a jaal ?o JUDGE TINLEY: The motion does carry. We'll go to 23 our -- excuse me -- 9:30 timed item, Item 5, a presentation 24 from attorney Rolando Rios regarding redistricting of 25 commissioners precincts and upcoming decennial census. Good 2-22-10 35 1 morning. 2 (Commissioner Letz left the meeting.) 3 MR. KORBEL: Morning, Judge. Judge, my name is 4 George Korbel, and this is Jose Garza. We are associates of 5 Mr. Rios. Mr. Rios and I partnered 10 years ago to handle 6 redistricting. We represented 50 cities and counties and 7 school districts and special districts, including the Houston 8 Independent School District and the San Antonio Independent 9 School District, the City of San Antonio, Cameron County, 10 Hidalgo County, Gregg County out in east Texas, Red River 11 County in east Texas. We represented a number of those 12 jurisdictions. Mr. -- Mr. Rios and Mr. Garza have been 13 lawyers involved in this sort of litigation for 30 years, and 14 I've been, unfortunately, involved for 40 years. The process 15 that you have to go through is, once a decade, the census 16 publishes the information, and you are required to divide -- 17 redivide the county up into four commissioners precincts that as 18 have roughly the equivalent population. Now, we -- the law 19 seems to say that we can go up to a 10 percent deviation, and 20 your current plan, we estimate, has somewhere in excess of a 21 20 percent deviation. But the biggest deviation is between 22 two commissioners' precincts, and so it could be -- it could 23 be modified fairly simply, and without making a whole lot of 24 changes, unless you want to make the changes in the 25 commissioners' precincts to make it easier for you to 2-22-10 36 1 function as commissioners. 2 Now, our process is that we meet with each one of 3 the Commissioners separately and get your ideas, and then, 4 based on your ideas, we will draw a plan or plans and bring 5 it back to the Court. The individuals can look at that plan 6 and they can say, well, we should change this and we should 7 change that, and we will do that for you until we've got a 8 plan that you all are satisfied with. And then -- then you 9 can go ahead and adopt that plan. Your -- you can have one 10 public hearing, or you could have more than one public 11 hearing. The public hearing could beat the time that the 12 plan is actually adopted. We find, in our experience at 13 least, that if we have a plan that the commissioners are a 14 satisfied with, and that you adopt a plan that you're 15 satisfied with, the public is pretty well satisfied with it 16 also. We had -- for the Houston Independent School District, 17 1 think we had five hearings scheduled, and a total of 12 18 people showed up for five hearings, because everybody was 19 satisfied with the plan, and it accomplished what was -- what 20 we intended. Now, our charges are $15,000 for a county 21 for a county this size, for a larger county, and we have 22 $5,000 in expenses. Now, we'll either bill you by the hour, 23 or we'll capitate the charges for the county at $15,000 and 24 no more than $5,000 in expenses. 25 Now, our experience is that it would be cheaper, for 2-22-10 37 1 the counties to go by the hour, actually. But every county 2 that we dealt with and every jurisdiction we dealt with 3 didn't believe that, and they wanted the capitated fee 10 4 years ago. And our -- the way we would charge for this is 5 $5,000 at the time a letter of agreement is entered into 6 between the county and us, $5,000 at the time the plan is 7 adopted, and then $5,000 after the Department of Justice 8 preclears the plan. After you adopt the plan, we have to go 9 to the Department of Justice to get their approval; I'm sure 3 10 you know that. And we can start work on this plan probably 11 sometime in January or February of next year, because that's 12 when the census data will be available. And we would hope to 13 have this plan done and submitted and precleared by the 14 Department of Justice before the -- before the end of May or 15 the beginning of June. It's a very small window you've got, 16 because the plan has to be in effect for the next election 17 year. We have a great deal of experience. None of our plans 18 have ever been objected to by the Department of Justice, or 19 even subject to litigation. So, we're able to come in, set 20 the plans up, get them precleared and you ready to go without 21 any -- without any slow downs. And I'll be glad to answer 22 any questions that y'all have about the -- about the service. 23 JUDGE TINLEY: Mr. Korbel, the -- I'm speaking from 24 anecdotal reporting, but it's my impression that probably 25 most of the litigation that has been initiated over the years 2-22-10 38 1 in connection with voting rights under redistricting items, 2 at-large, single-member, that sort of thing, has probably 3 been handled by or in conjunction with other lawyers by 4 Mr. Rios; is that not correct? 5 MR. KORBEL: That's correct. And Mr. Rios and 6 Mr. Garza and I have all been involved in litigation, but on 7 both sides of the issue, Judge. 8 JUDGE TINLEY: Yeah. 9 MR. KORBEL: Sometimes we defend jurisdictions, and 10 sometimes we sue jurisdictions. I mean, I think every lawyer 11 is like that. 12 JUDGE TINLEY: Yeah. 13 MR. KORBEL: And, in fact, I was involved back in 14 the middle '70's in the extension of the Voting Rights Act to 15 cover Texas, and the Supreme Court has cited things that I've 16 written on three separate occasions. So, we have a good 17 experience with the -- with the -- with the law. But how 18 does that help you? The way that helps you is that we have 19 an excellent reputation with the Department of Justice, and 20 if -- and if we can draw a plan that you're satisfied with, I 21 think we can probably advocate for you better than anybody 22 can advocate for you. In this particular county, looking at 23 your data, I don't think it's probably going to be possible 24 to -- even if we tried, to draw a plan in which Hispanics 25 and/or African Americans are in a majority in one of the 2-22-10 39 1 commissioners' precincts. Once that is over, that's out -- ro 2 pretty much out of the case, and so it preclears then very 3 easy at the Department of Justice. But -- but that's a great 4 question, Judge. In fact, many of -- many of our clients are 5 -- were our clients when the litigation was filed. So -- 6 JUDGE TINLEY: They became a defendant in 7 litigation at the hands of Mr. Rios and others, and they 8 subsequently signed on board for their plan, right? 9 MR. KORBEL: Yes, Judge. And I think in most of 10 the places where we've been able to draw districts that 11 elected Hispanics and African Americans, I think they're much 12 better for the process, because more ideas get -- get out and 13 discussed, and there's more access to the community, and it's 14 just good all the way around. 15 JUDGE TINLEY: Any more questions for Mr. Korbel? 16 Thank you, sir. We very much appreciate you being here. 17 MR. KORBEL: Yes, sir, Judge. 18 JUDGE TINLEY: Obviously, we're going to be making 19 a decision on this issue in the near future, and we look 20 forward to talking with you. 21 MR. KORBEL: Great. 22 COMMISSIONER WILLIAMS: I do have one question, 23 Judge. What preliminary work do you need to do to be able to 24 represent Kerr County, and when would you anticipate that 25 needs to begin? 2-22-10 40 1 MR. KORBEL: Well, actually, we've done most of the 2 preliminary work in preparation for this appearance. We've 3 looked at the voter registration from the -- from 2000 4 through today in each one of the voting precincts, just to 5 give us an idea what the population would look like. And 6 then the only other thing that we would need from you is 7 the -- once we get the census data available, that we come 8 over and meet with you and get your ideas, and we'll prepare 9 charts and graphs like the ones that are in that package 10 showing the voter registration overtime and the population 11 over time. And based on that, you can start with the 12 redistricting itself. Actually, it goes very smoothly if we 13 go step by step. 14 COMMISSIONER WILLIAMS: This is the state 15 demographer's number? 16 MR. KORBEL: Yes. 17 COMMISSIONER WILLIAMS: Thank you. 18 JUDGE TINLEY: Any more questions? Thank you, sir. 19 MR. GARZA: I might add one thing, Judge. 20 JUDGE TINLEY: All right, sir. 21 MR. GARZA: And that's that sometimes there -- 22 litigation that is outside the control of the Commissioners 23 Court impacts on the lines that you have to draw. So, for 24 instance, if there's a lawsuit on congressional districts or 25 state house districts, and you have to modify the plan that 2-22-10 41 1 you've already adopted, as we note in the packet that we've 2 prepared for you, we will come back in and make those changes 3 at no extra cost. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER BALDWIN: In other words, those -- 6 like, a congressional district line may come through a 7 county. g MR. GARZA: That's right. 9 COMMISSIONER BALDWIN: Might take in an entire 10 county. 11 MR. GARZA: Exactly. 12 MR. KORBEL: When the judges draw plans, they don't 13 care about your voting precincts. 14 COMMISSIONER BALDWIN: That's pretty rude, isn't 15 it? 16 COMMISSIONER OEHLER: They don't care about 17 anything. 18 MR. KORBEL: But you don't want to tell a judge 19 that it's rude. We had one county, for example, that they 20 drew the line through, and they messed up all four county 21 commissioners' precincts, and all -- literally all the 22 precincts in the county, so we had to really start from 23 scratch. And we also are available for the entire decade, if 24 you are a client, to respond to questions over the phone that 25 your local officials might have concerning the Voting Rights 2-22-10 42 1 Act and concerning your responsibilities and that sort of 2 thing. So, great. 3 JUDGE TINLEY: Thank you, sir. Thank you for being 4 here today. 5 MR. KORBEL: Thank you. May we be excused? 6 JUDGE TINLEY: Yes. Thank you. 7 MR. KORBEL: Thank you, Judge. Bickerstaff Heath Delgado Acosta LLp 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-8021 Fax (512) 320-5688 www.bickerstaff.com February 19, 2010 Honorable Pat Tinley Kerr County Judge 700 Main Street Kerrville, TX 78028 Re: Legal Services Dear Judge Bradley: Thank you f,~~ selecting our law firm to represent Kerr County. We appreciate your confidence in us and will do our best to continue to merit it. 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 Kerr County, Texas. 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 Kerr County in connection with 2010 redistricting. Supervision and Delegation I will be the partner who will coordinate and supervise the services we perform on your behalf with the assistance of Sherry McCall, or other firm GIS Specialists. I anticipate that I will perform much of the legal work on your project and will oversee all of the work on this matter. 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. February 19, 2010 Page 2 Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement. My hourly rate is $350.00 per hour, and the rate of our GIS Specialist is $150.00 per hour. The hourly rate for other attorneys will range from $250 to $350 per hour, depending on experience, and other technical staff and paralegal time is billed at $130.00 per hour. The cost of the Initial Assessment is a flat fee of $3,250.00, plus an hourly charge for GIS services. 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, 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 you in a mutually beneficial relationship. Sincerely, L.::>~ ~ ~ David Mendez AGREED TO AND ACCEPTED KERB COUNTY, TEXAS By;, Title: Kerr County Judge Date: ~~/(ollD cc: Billing Department 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. 1. The Scope 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. 2. Fees For Leal 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 annually, increasing them to reflect experience, expertise, and 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 $490 and $200 per hour; the billing rates for associates and staff attorneys are between $250 and $165 per hour; the billing rates for paralegals and specialists are between $150 and $110 per hour, the billing rate for law clerks is $60 per hour, and the billing rate for case clerks is $50 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out-of-pocket expenses (such as 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 description of the most common expenses. 4. Billing Procedures and Terms of Payment Our billing period begins on the 16t1i of the month and ends on the 15th of the following 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. You agree to pay each statement in full in U.S. Dollars within the time for payment established by Texas Government Code Section 2251.021 (or any successor statute). Should you fail to pay any sum within such payment period, you promise to pay interest on all sums overdue in accordance with the rate and provisions specified in Texas Government Code Section 2251.025 (or any successor statute). 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. 5. 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. Retainers A retainer is not required to commence work on this matter. 7. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference. 8. 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. 9. Governing Law 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 Travis County, Texas, United States of America. 10. uestions 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 v~~ork 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. Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP 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 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. The Firm's 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. Postage Our postal equipment calculates exact U.S. 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. We will not charge clients for postage on routine correspondence; however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. Comes Our standard rate for black and white copies made by Firm personnel is $0.15 per copy. Color copies are charged at a standard rate of $0.55 per copy. These charges cover 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. Maps and Color Prints Plan maps (or other maps or color diagrams, etc.) will be charged at the following rates: $85.00 per map for large-size format (34" x 44"); $55.00 fora 22" x 34" large-size format map; $20.00 per map for medium-size format (11" x 17"); $8.00 per map for small-size format (8 ''/z" x 11"); and $2.00 for non-map color prints. If large numbers of color or large- or medium-format copies are required or requested, if limited available internal plotter resources require it, or if savings may be realized by doing so and time permits, an outside reproduction service maybe used; the client will be charged the actual costs incurred by the firm for such reproductions or copies. 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 per-minute fees for on-line connect time are charged to the client at the rate charged to the Firm, plus applicable taxes and surcharges imposed by governmental entities. 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 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, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client-approved activities.