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Home My WebLink AboutAlston & Bird Engagement Letter Augusta Richmond GA DOCUMENT NAME' Ii L <0 iON ~ ~ \ r<,,S) EN:;.A- ~b jl1 EN'J Lc Tie v<- DOCUMENT TYPE: YEAR: :2.. CD L\ BOX NUMBER: ;;) Y FILE NUMBER: 1 / Lf I ;;( NUMBER OF PAGES: 5' AUGUSTA-RICHMOND COUNTY COMMISSION STEPHEN E. SHEPARD County Attorney Augusta Law Department BOB YOUNG Mayor STAFF ATTORNEYS Vanessa Flournoy Harry B. James, III Betty Beard Marion Williams Barbara Sims Richard Colclough Bobby G Hankerson Andy Cheek Tommy Boyles Jimmy Smith Wm. "Willie" H. Mays, III Don A. Grantham Wm. "Willie" H. Mays, III Mayor Pro Tern George R. Kolb Administrator TO: Lena Bonner, Clerk of Commission Laureen Blakley ~ November 18, 2004 Reply to: 701 Greene Street, Suite 104 Augusta, Georgia 30901 FROM: DATE: RE: Alston & Bird Engagement Letter Please find enclosed the original engagement letter of Douglas E. Cloud of Alston & Bird for the Deans Bridge Road, Municipal Solid Waste Landfill. SES:lmb Enclosure F: IUserslSShepardlSTE V E\C ITY1cily.2004.doc ..... .-------~ Augusta Law Department 50] Greene Street, Suite 302, Augusta, Georgia 3090] (706) 842-5550 - Fax (706) 842-5556 County Attorney 70] Greene Street, Suite 104, Augusta, Georgia 30901 (706)724-6597 - Fax (706) 722-48] 7 ALSTON&BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 404-881-7000 Fax: 404-881-7777 www.alston.eom Douglas E. Cloud Direct Dial: 404-881-7894 E-mail: dcloud@alston.com October 14, 2004 VIA UPS OVERNIGHT REceIVED Stephen E. Shepard OCT 1 5 2004 Augusta-Richmond County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP COUNTY ATTORNEY 701 Greene Street Suite 104 Augusta, Georgia 30901-2322 Re: Dean Bridge Road, MuniciprfSolid Waste (MSW) Landfill, Richmond County, Georgia Dear Stephen: This letter follows up my discussion with you and Mark Johnson about our proposed representation of Augusta-Richmond County in connection with environmental matters related to the Dean Bridge Road MSW Landfill. The purpose of this letter is to confirm the general approach that we discussed and what would be the terms of our engagement. We understand that the scope and nature of our proposed engagement is in connection with a Gas Lease and Easement Agreement between Richmond County and LandGas of Georgia Limited Partnership and notices from the Georgia Environmental Protection Division ("EPD") of operational violations of the Title V Air Quality Pennit issued for the Landfill. For exan1ple, EPD has determined that the landfill gas collection and control system and flare installed pursuant to the Gas Lease and Easement Agreement have not been consistently operated in compliance with the Title V Permit and applicable regulatory requirements. As discussed, our proposed critical path in regards to this matter initially involves the following action items: . Detailed fact investigation and contract review and, as appropriate, meeting and discussion with EPD; Bank of America Plaza 101 South Tryon Street, Suite 4000 Charlotte, NC 28280-4000 704-444-1000 Fax: 704-444-1111 90 Park A venue New York, NY 10016 212-210-9400 Fax: 212-210-9444 3201 BeechleafCourt, Suite 600 Raleigh, NC 27604-1062 919-862-2200 Fax: 919-862-2260 60 I Pennsylvania A venue, N. W. North Building, 101h Floor Washington, DC 20004-2601 202-756-3300 Fax: 202-756-3333 Stephen E. Shepard October 14, 2004 Page 2 . Preparation of demand and cure notice (and possible settlement proposal) pursuant to the Gas Lease and Easement Agreement; . If there is inadequate response to the demand notice, preparation and filing of complaint for breach of contract and a motion for an expedited interlocutory adjudicatory hearing. The hearing objective would be to seek specific performance compelling compliance. As requested, the following table presents the initial action items, together with estimated timeline and fees: INITIAL CRITICAL PATH Anticipated Action Item Estimated Timeline Estimated Fees* . Fact investigation 10-14 days . Preparation of demand notice . Response to demand notice TBD $75,000-$80,000 . File complaint and motion for 90-120 days interlocutory adjudicatory hearing . Preparation and hearing *Estimated fees are based on a projected 220 to 235 hours of attorney and paralegal time through the interlocutory hearing. For purposes of this estimate only, a $340 "blended" billing rate (e.g., an average of individual partner, associate, and paralegal rates) is used. As discussed below, charges and invoices will be based upon individual attorney and paralegal billing rates and actual time worked. Depending on the interlocutory hearing order that is issued and the response to such order, additional judicial proceedings may be required. Pursuing the case for damages and seeking judicial termination of the Gas Lease and Easement Agreement would be possible next steps. Settlement discussions may also be appropriate. We recommend that, based on your experience and record with the Superior Courts of Richmond County and the Augusta Judicial Circuit, you and your firm, Shepard, Plunkett, Hamilton, Boudreaux 8?- Tisdale, LLP, serve as local counsel in this effort. We would appreciate the opportunity of working together towards a successful resolution of this dispute. The attorney-client privilege is an important subject that we raise with our clients. As a matter of professional responsibility, we are required to preserve the confidences of our clients. This professional obligation and the legal privilege accorded attorney-client communications exist to encourage candid and complete communication between client and attorney. The attorney-client privilege can be lost if our written or oral communications are shared inappropriately with others, including, under certain circumstances, your employees or representatives. We should discuss in advance any intention you may have to include others in this confidential relationship. Stephen E. Shepard October 14, 2004 Page 3 Throughout the period of this engagement, we will send monthly statements for our legal services rendered in the previous month, which statements are due upon receipt. Each monthly statement will contain a summary description of legal services for the period covered by the statement. Our fee will be based on hourly rates for the lawyers, paralegals and case clerks who render services. We will make every effort to minimize our fees, including involving lawyers and paralegals with lower billable rates wherever possible. The hourly billing rate for Pete Degnan is $480.00 and my current hourly rate is $425.00. Our associate billing rates range from $125.00 to $375.00. Hourly rates are reviewed and adjusted from time to time but any changes will be applied prospectively. Aside from legal fees, our statements will include charges for related expenses and services, such as photocopying, computerized research, travel, long distance telephone, telecopy, document production and binding and delivery service to the extent required by the particular assignment. We may request your payment to others or advance payment to us of any expense payment of $250 or more. Should you have a question about any statement, please call me. As in any professional relationship where mutual trust and confidence are essential, it is appropriate for either you or Alston & Bird to be able to terminate our engagement at any time by reasonable written notice. Furthermore, in the event we have performed no services on your behalf for any consecutive 90-day period, we will assume that our engagement has been terminated as of the last day we performed services. If our engagement is terminated, we understand that you will take whatever steps are necessary to evidence that we are free from any obligation to perform further, and to pay us for unpaid fees for legal services rendered and charges for related expenses and services incurred to the date of termination. As you are aware, we are a relatively large law firm and represent many other clients. It is possible that during the time we are representing you, another client of ours may have a dispute with you. In order to distinguish those instances in which you consent to our representing such other client from those instances in which you do not consent, you and Alston & Bird LLP agree, as a condition to our undertaking this engagement, that during the period of this engagement we will not be precluded from representing clients who may have interests adverse to you so long as (a) such adverse matter is not substantially related to our work for you and (b) our representation of the other client does not involve the use, to the disadvantage of you, of confidential information of we have obtained as a result of representing you. We would appreciate your acknowledging that this letter correctly reflects the terms of our engagement by signing, dating and returning to me the enclosed copy of this letter. There is a space for this acknowledgment below my signature. Stephen E. Shepard October 14, 2004 Page 4 We are delighted to be representing you in this matter, and we look forward with enthusiasm and appreciation to working with you. DEC:nw Sincerely, /~ ~OUg'~ --- Acknowledged and agreed to this (It. day of October, 2004. Augu~'1f 7UlY By: -~ ~6 f ~~. A1'JJJliI17429'85vl -:::- ,'.. <0' 1 G \..10..- -... -~:n - 4!- .w