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HomeMy WebLinkAboutNguyen Law Service 2019-2020NGUYEN LAW ATTORNEY & COUNSELOR January 1, 2020 Dr. Scott Woolstenhulme, Sup erintendent Bonneville Joint School District No . 193 3497 N Ammon Road Idaho Falls, ID 83401 RE : Special Services Legal Counsel for 2019-2020 School Year Dear Dr. Woolstenhulme: I am submi tting this letter as a proposal for the manner in which my law firm, Nguyen law, PllC ("law Firm "), would represent Bonneville Joint School District No. 193 ("District") regarding Special Services and other Education related legal matters. If agreeable , this letter will form our contract for the provision of such services. A. Introduction The Department of Special Services is considering retaining legal counsel with expertise in special education matters, specifically related to the Individuals with Disabilities Education Act (IDEA) and Section 504 of The Rehabilitation Act of 1973 (Section 504}. B. Scope of Work law Firm agrees to provide legal se rvices to the District at the rates set forth in Section C below, speci fically related t o special student populations, education law, and any other legal issues as requested by the District. law Firm generally provides "preventative legal guidance" and trainings to avoid future costl y and t ime-consuming lawsuits. Due to the current structure, law Firm does not provide litigation services at this time. The parties may negotiate and agree for Law Firm to provide limited litigat io!1 services and/or professional consul ting services for IDEA Due Process Hearings or State Complaint Investigations. C. Fees and Costs The District agrees to pay for legal services at the applicable hourly rate set forth below, which shall be calculated in 10-minute increments, and travel time at SO% of the applicable hourly rate . Di strict agrees to pay for actual cos ts incurred, including postage, long-distance telephone calls, contract services, fax transmissions and B/W photocopies at $0.30 per page, and color cop ies and scans at $0 .45 per page . 1 . Hourly Rates Attorney/Paralegal Rate Role/Responsibility lyndon Nguyen $215 / hr Overall respons ibility legal research, filing, administrative Paralegal $85 /hr .­ Dr. S. Woolstenhulme Special Services Legal Counsel Page 2 of 2 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 carr ier 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 Law Firm will bill the District for legal services on a monthly basis. District agrees to pay the invoice with in thirty (30) days of receipt, and ten percent (10 %) interest on unpaid balances over sixty (60) days past due. D. Effective Date(s) and Duration This Agreement will commence w hen it is signed by the District and shall continue through June 30, 2020, unless terminated earlier under Sect ion E below . E. Termination Either party may terminate this Agreement at any time by written notice, effective when received by the other party. If Law Firm is District's attorney of record in any ongoing proceeding, District will execute and return a substitution-of-attorney form immediately upon receipt from Law Firm. Notwithstand i ng the discharge , District will be obligated to pay Law Firm its reasonable attorney fees for all services provided and to reimburse Law Firm for all costs provided prior to the date of receipt of the notice of termination . F. Signature I would appreciate acknowledgement of your agreement with the terms of this letter by signing below and returning one signed copy for my files . This letter may be signed in counterparts . I would be hap py to answer any questions you might have . Sincerely, NGU YEN LAW, PLLC c_~ Lyndon P. Nguyen Accepted and agreed to: BONNEVILLE JOINT SCHOOL DISTRICT #93 By ~~ Title ~~/~ ~~ ~