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HomeMy WebLinkAboutRes 08-28 Ratifying an Agreement with Akin Gump Strauss Hauer and FeldTOWN OF WESTLAKE r� RESOLUTION NO. 08-28 RATIFYING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT WITH AKIN GUMP STRAUSS HAUER & FELD, LLP FOR LEGISLATIVE SERVICES RELATED TO THE ACADEMY. WHEREAS, Interim Town Manager accepted and executed an agreement with Akin Gump Strauss Hauer and Feld, LLP on March 14, 2008; and WHEREAS, the Board of Aldermen finds that the agreement is acceptable and beneficial to the Town; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. The Board of Aldermen of the Town of Westlake, Texas, hereby ratifies the acceptance and execution of the agreement with Akin Gump Strauss Hauer and Feld, LLP for legislative services as outlined in the attached Exhibit "A". PASSED AND APPROVED ON THIS 5th DAY OF MAY 2008. ATTEST: 4—,4 utter, TRMC, Town Secretary APPROVED AS TO FORM: ScottBradle , Mayor MM 0 0010 Sol Pr IN GUMP Attorneys at Law March 13, 2008 Joe Hennig Interim Town Manager Town of Westlake 3 Village Circle, Suite #202 Westlake, TX 76262 JODY RICHARDSON 512.499.6238/fax: 512.703.1112 jrichardson@akingump.com Re: Proposal for 2008 Legislative Work Relating to Charter School Improvements Dear Joe: Pursuant to our conversations, this letter is our proposal for managing the Town of Westlake's ("Westlake") involvement with the charter school community in preparation for the 2009 Legislative Session. As we have discussed, in the past, the business arrangement with Westlake has been that the law firm charges by the hour for my work in even -numbered years. You and I have agreed that arrangement can be improved upon by establishing a set fee so that the year's legal fees will be known, and contained. It is our hope that Westlake will engage me in 2009 as it has in the past under a separate retainer for the legal and legislative work performed during the Legislative Session, and I will make such a proposal later in the year. Accordingly, we propose that Westlake pay Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") legal and legislative fees in the amount of $15,000 for the year 2008. This fee will include work in connection with the following tasks: (1) identify stakeholders and determine most effective alliances for Westlake (listed in Exhibit "A", attached to this Proposal), and coordinate with them; (2) monitor activity of Senate Education Committee, with particular focus on its charge related to public school facilities funding (described more fully in Exhibit `B", attached to this Proposal); (3) determine appropriate witnesses to appear at Senate Education committee hearing on behalf of Westlake Academy and assist in preparation of testimony; (4) communicate with elected officials as necessary and effective; and (5) prepare full and complete periodic reports to Westlake on activities related to charter school issues. 300 West 6th Street / Suite 2100 / Austin, TX 78701-2916 / 512.499.6200 1 fax: 512.499.6290 / www.akingump.com AKIN GUMP Attorneys at Law Joe Hennig March 13, 2008 Page 2 Akin Gump's payment policy includes a goal of receiving payment for our work in the year the work is perfonned, which means that we bill in advance of each payment period. Thus, this Proposal is that Westlake pay Akin Gump quarterly, in advance, in the amount of $3750. In this manner, the law firm will be paid in full by Westlake before the end of fiscal year 2008, for 2008 work. If this payment structure is acceptable to you, we would like to bill you immediately for Q and will send you an invoice at the end of March for Q2. The following two invoices would be sent to Westlake in June and in September, respectively. If this Proposal is acceptable to you, please sign as indicated and return to me, retaining a copy for your files. We very much appreciate Westlake's business and we look forward to helping with this important initiative. Very truly yours, Jody Richardson F-reffifirdlIFIFF • By: Title: Bate: Attachments: Exhibit "A" and Exhibit "B" 6315481 vi 14 1Y mu' 1 Texas Charter C.H.O.I.C.E -- Founded by charter school educators, Charter C.H.O.I.C.E. provides charter school administrators, teachers, parents, and students a unified voice, in so doing, Charter C.H.O.I.C.E. serves as a conduit through which individuals may join with others in showing their unified support of Texas charter schools. Association of Charter Educators of 'Texas -- ACE began as an outgrowth of an informal working group that arose around the common interests of our diverse community of schools. ACE incorporated in January 2001 as a 501 (c) (3) non-profit and now operates as the statewide membership organization serving open -enrollment and college or university charter schools. ACE serves its member schools through the following: Offering technical assistance by hosting workshops and trainings throughout the State of Texas; acting as an advocate and liaison for charters with the Texas Education Agency through its bimonthly meetings with the Commissioner of Education and senior staff of the Texas Education Agency; Providing statewide and regional networking opportunities for charter educators in Texas; and Serving as the voice of Texas charters by providing information to the Texas Legislature. ACE is governed by a 19- member board with 15 of those members elected by member school sponsoring entities in each region. The remaining 4 members are At -Large Representatives and are elected by ACE Board Officers. ACE serves charters throughout the state through member -elected ACE Board representation in each of 7 distinct geographic areas across Texas. There are 84 ACE charter members representing approximately 165 charter campuses in Texas. The Alliance of Charter Schools of Texas -- This is a combination of Charter C.H.O.I.C.E. and ACE. The Alliance of Charter Schools of Texas is an alliance of charter schools that share a common goal of serving and supporting the breadth and depth of effective charter schools in this state. This includes but is not limited to working toward the E's of Equitable Funding, Equitable Due Process, and an accountability system that accurately demonstrates a school's Effectiveness in serving students and meeting its mission. Charter School Policy Institute -- The Institute proactively provides timely high quality information, analysis, and opinion to policymakers, thought leaders, and key stakeholders in Texas and across the nation. By elevating policy discussions above the noise of day-to-day charter school operator issues, CSPI is a resource for independent information about quality public charter schools. The Institute's efforts stem from the belief that the power of credible and unbiased information in the hands of key stakeholders can influence the direction of Texas charters and increase the 1 of 2 quality of public school choice. CSPI works to ensure the new generation of public charter schools fulfills their potential to transform public education. The Institute convenes academic, business, school, and civic leaders in discussion forums, facilitates and promotes policy reports and research on issues critical to school improvement, and offers analysis and opinion to the media and key stakeholders. The Institute is located in Austin and led by Jonas Chartock, President and CEO. The staff includes a Policy and Research Director, an Executive Assistant/Office Manager, and Research Fellows who advance the work of Institute. When appropriate, CSPI collaborates with universities, foundations, government, and other policy centers in the fulfillment of its mission. CSPI has nine focus areas during the launch of the organization. The Institute delivers much of its content virtually through our website. CSPI will also host live events. Next Step -- Formed by CSPI (see above). The Next Step campaign is an effort to build a robust, highly effective statewide association for Texas charter schools. The Charter School Policy Institute is providing the forum and process for building this world class organization Texas Charter Coalition -- This organization operated during the 2003 and 2005 Texas Legislative Sessions. It appears not to currently be operating. Coalition for Effective Charters -- While many charter schools are excelling, some are not. The Coalition for Effective Charters (CEC) was formed to advocate for effective public charter schools as a means of providing a strong and tuition -free education for all Texas children, regardless of income. CEC is comprised of high -performing charter school leaders, concerned parents, business leaders, and other members of the community who are working for legislative change in Texas. The changes would provide facilities funds as incentives to high -performing public charter schools, equitable support for charter schools, and a process to close poor -performing charters so all Texas children receive the education they need to succeed in life. TEACH -- Formed by the Texas Charter Coalition and the Coalition for Effective Charters, TEACH will advocate in conjunction with the Charter School Policy Institute's "Next Step", which is a membership organization. The Resource Center for Charter Schools -- The mission of the Resource Center is to improve public education in Texas by supporting the successful operation of high-quality charter schools. This is done by providing information, access to professional expertise, and direct technical support. The primary goal of the Resource Center is to see that a significant number of established charter schools remain strong, viable, and effective. In addition to daily technical assistance, the ROCS offers conferences, workshops, a website and numerous publications for each charter. The Resource Center was formed in 1997 as a 501(c) 3 non-profit organization by a group of Texas business leaders who understood the vision of Texas charter schools and the significant impact these schools could have on improving the state's public education system. These leaders realized that charter schools may need access to a variety of resources in order to be effective. 2 of 2 Review and make recommendations that address the state's facility infrastructure needs for public schools, ensuring that funding remains stable, reliable, and equitable. Examine the need for funding adjustments for factors that affect the need for facilities such as fast growth, age and condition of facilities, adequacy of space, construction and land costs and concentration of students requiring smaller class sizes. Assess the impact on property taxpayers of "rolling forward" the Existing Debt Allotment each session, and the change in biennial appropriations for the Instructional Facilities Allotment.