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HomeMy WebLinkAboutNguyen Law 455 E Danika Ln Garden City, ID 83714-2039 Dr. Scott Woolstenhulme, Superintendent Bonneville Joint School District No. 93 3497 North Ammon Road Idaho Falls, ID 83401 455 E Danika Ln (208) 914-5137 Garden City, Idaho 83714 lyndonlegal@gmail.com February 22, 2023 Dr. Scott Woolstenhulme, Superintendent Bonneville Joint School District No. 93 3497 North Ammon Road Idaho Falls, ID 83401 RE: Engagement Letter for Special Services Legal Counsel Dear Dr. Woolstenhulme: I am submitting this letter as a proposal for the manner in which my law firm would represent Bonneville Joint School District No. 93 (the “District”) for Special Services, Section 504, and other Education related matters. If agreeable, this letter will form our contract for the provision of such services. A. Introduction The District has general legal counsel with Nelson Hall Parry Tucker, PLLC. The District is considering retaining additional legal counsel with expertise regarding the Individuals with Disabilities Education Act (IDEA) and Section 504 of The Rehabilitation Act of 1973 (Section 504). More specifically, the District wishes to retain legal counsel for IDEA related issues that have recently arisen. New legal counsel may sometimes work cooperatively with Nelson Hall Parry Tucker, PLLC on various education related matter. B. Scope of Work Consultation, guidance, and legal representation regarding matters related to Section 504 and special education including, but not limited to: discipline, IDEA/Section 504 process, representation in any 504 meetings and/or special education meetings as necessary, and other related matters as requested by the District. C. Period of Agreement The term of this agreement shall commence on the date signed and executed by the District below, and end upon the completion of the scope of work, or when terminated by either party as set forth in Section H of this Agreement. The Parties may, however, upon the written request of either party, renegotiate any of the terms of this Agreement. D. Fees and Costs The District agrees to pay for legal services at the applicable hourly rate set forth below, which shall be calculated in 6-minute increments. All reasonable expenses related to the performance of services outlined above including, but not limited to, mileage, meals, postage and shipping, legal research, printing, telephone, long distance and other charges normally associated with Bonneville Joint School District No. 93 Engagement Letter for Special Services Legal Counsel Page 2 of 4 the provision of professional services shall be reimbursed by the School District. Any expenses billed to School District will be reasonable in amount for the item in question and will be related to work necessarily performed on behalf of School District. For work performed for non- litigation related legal services, the billing rates shall be set as follows: 1. Non-Litigation Hourly Rates Attorney/Paralegal Rate Role/Responsibility Lyndon Nguyen $215 /hr Overall responsibility For litigation related legal services, the hourly rates may be renegotiated or a separate contingency agreement may be negotiated on a case by case basis. 2. Insurance Billing In the event legal fees and costs are billed to the District’s insurance carrier, the District agrees to pay any legal fees and costs that are not covered by the District’s carrier. If the District’s insurance carrier fails to pay any legal invoice within thirty (30) days from receipt, the District agrees to pay the full amount of the legal invoice and seek reimbursement from the District’s insurance carrier. 3. Fee Billing Timeline My law office will bill the District for legal services on a monthly basis. The District agrees to pay the invoice within thirty (30) days of receipt, and ten percent (10%) interest on unpaid balances over sixty (60) days past due. E. Authorized School District Representatives School District authorizes Attorney(s) to provide legal services to School District administrators, the board clerk, and board members who contact Attorney(s) unless School District chooses to limit the authority to the following individuals (e.g., superintendent, special education director, principals, supervisors, board clerk, local school district counsel, etc.): Name Position ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bonneville Joint School District No. 93 Engagement Letter for Special Services Legal Counsel Page 3 of 4 F. Reporting and Communication Attorney(s) will communicate with School District as the need indicates and as otherwise requested by School District throughout the duration of this Agreement. School District will timely communicate with Attorney(s) as questions arise, as information becomes available, or as circumstances change regarding matters covered by this Agreement. G. Conflicts of Interest School District acknowledges that Attorney(s) represent other Idaho political subdivisions. As legal consultant to School District, Attorney(s) will refuse any new relationship or agreement which may tend to conflict with the interests of a current client. On rare occasions, conflicts develop among the interests of existing clients; in those cases, Attorney(s) will make every effort to resolve the conflicts in such a way as to allow uninterrupted representation for School District. School District understands that Attorney(s), due to other client relationships, are unable to file a lawsuit against any Idaho municipal corporation. In the event Attorney(s) determine they can no longer conduct joint representation of School District and one or more other clients without adverse effect to the interests of one or more of the jointly-represented parties, Attorney(s) will immediately advise all affected clients and will take such measures as are necessary to protect the interests of the parties and to provide representation for all parties in a manner that is appropriate under the applicable Rules of Professional Conduct. H. Termination Either party may terminate this Agreement at any time. In such case, Attorney(s) will immediately submit a summary of outstanding fees and expenses, which shall be due and payable within thirty (30) days. If applicable, the retainer is refundable on a pro-rated basis upon termination, in the event retainer funds have not been fully expended. If School District decides to terminate this Agreement for any reason, including an actual or perceived conflict of interest, School District agrees that, notwithstanding such withdrawal, Attorney(s) shall not be disqualified from continuing to represent Attorney’s other political subdivision clients, including any such representation in any ongoing or future litigation. School District further explicitly agrees that no subsequent or subsequently discovered conflict shall preclude the continued representation by Attorney(s) of other political subdivision clients, notwithstanding Attorney’s receipt of confidential and otherwise privileged information from School District. I. Agreement Disputes Any disputes between the parties arising under this Agreement shall be governed by the laws of the State of Idaho and venue for any such dispute shall be Ada County, Idaho. All disputes between the parties must first be submitted to mediation prior to any party resorting to such redress in a court of appropriate jurisdiction. Bonneville Joint School District No. 93 Engagement Letter for Special Services Legal Counsel Page 4 of 4 J. Disclaimer(s) My engagement as legal counsel is on behalf of the school district and not any individual employee of the District. K. Authority The signatories to this Agreement represent that they are fully empowered and authorized to enter this Agreement on behalf of their respective organizations. This letter may be signed in counterparts. I would be happy to answer any questions you might have. Sincerely, Lyndon P. Nguyen Attorney at Law Agreed and Accepted: ____________________________________________________ ___________________ Dr. Scott Woolstenhulme Date Lyndon Nguyen