INTENTIONALLY LEFT BLANK · PDF file reference and use. RETURN: Outside Counsel Agreement...

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Transcript of INTENTIONALLY LEFT BLANK · PDF file reference and use. RETURN: Outside Counsel Agreement...

  • JJEESSSSIICCAA RR.. DDIILLLLAARRDD

    BBOOAARRDD AADDMMIINNIISSTTRRAATTOORR

    TTEEXXAASS BBOOAARRDD OOFF PPAARRDDOONNSS AANNDD PPAARROOLLEESS 8610 Shoal Creek Blvd

    Austin, Texas, 78757

    Tel: (512) 406-5452

    Fax: (512) 406-5482

    July 1, 2020

    Re: Contract for Outside Counsel Agreement for Fiscal Year 2021

    Please find enclosed an Outside Counsel Agreement Packet for the Texas Board of Pardons and

    Paroles for Fiscal Year (FY) 2021.

    Upon review and completion of the Contract and associated forms, please return them to the

    address listed below. Additionally, enclosed are instructions for completing and submitting

    attorney statements for compensation of services rendered.

    The Texas Department of Criminal Justice (TDCJ) “Registration Form for Representation of

    Offender” should be sent directly to the TDCJ-Parole Division at the address noted on the form.

    Please retain the “Fee Affidavit Form,” the “Instructions for Submitting Attorney Statements,”

    the “Attorney Statement” (Form HS-107A), and the “Reimbursement Schedule” for your future

    reference and use.

    RETURN: Outside Counsel Agreement

    Special Information Questionnaire Form

    Vendor Direct Deposit and Substitute W-9 Form

    RETURN TO: Board Administrator

    Texas Board of Pardons and Paroles

    8610 Shoal Creek Blvd.

    Austin, Texas 78757

    Please return all pertinent paperwork no later than July 31, 2020, to avoid processing

    delays. As always, the Texas Board of Pardons and Paroles appreciates your continued

    commitment in the representation of offenders.

    Sincerely,

    Jessica R. Dillard

    Board Administrator

    Enclosure: (1) Outside Counsel Agreement Packet

    cc: file

  • INTENTIONALLY LEFT BLANK

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    STATE OF TEXAS

    BOARD OF PARDONS AND PAROLES

    July 1, 2020

    I have read and understand all of the terms and conditions as outlined in the following contracts

    and forms. Please initial and sign at the bottom of the page and return to the Texas Board of

    Pardons and Paroles.

    ________Outside Counsel Agreement

    ________Instructions for Submitting and Completing Attorney Statements

    ________Instructions for Vendor Direct Deposit and Substitute W-9 Form

    Once you have completed all forms please return forms as outlined below to the Board

    Administrator of the Texas Board of Pardons and Paroles at the address listed at the bottom of

    this page. The TDCJ Registration Form for Representation of Offender should be sent directly to

    the Texas Department of Criminal Justice – Parole Division.

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    Fee Affidavit Form (Copy for future use)

    Reimbursement Schedule

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    X___________________________________

    (Signature and Date)

  • RReevviisseedd JJuunnee 22002200 PPaaggee 11 ooff 77

    CONTRACT AND AGREEMENT

    FOR

    APPOINTED COUNSEL SERVICES

    BETWEEN

    THE BOARD OF PARDONS AND PAROLES

    AND

    ATTORNEY AND COUNSELOR AT LAW

    STATE OF TEXAS §

    §

    COUNTY OF TRAVIS §

    SECTION 1

    PARTIES

    This Contract and Agreement is made and entered into by and between the Board of Pardons

    and Paroles, hereinafter referred to as, “Board” or “the Board” and ,

    hereinafter referred to as "Counsel." The parties hereto severally and collectively have agreed and by

    the execution hereof are bound to the mutual obligations and performance of the tasks hereinafter

    described.

    SECTION 2

    CONTRACT PERIOD

    This Contract shall commence on September 1, 2020, or if the Contract is signed, by any

    party after September 1, 2020, on the date last appearing in this Contract and Agreement; and shall

    terminate on August 31, 2021, or when either a final order is entered in any pending parole

    revocation hearing or when a final disposition is entered in the sex offender condition hearing

    referenced in Section 4, herein, whichever occurs later, or unless terminated earlier in accordance

    with the provisions of Section 14, herein.

    SECTION 3

    AUTHORITY AND REPRESENTATIONS

    The Board enters into this Contract under the authority granted to that Agency by the

    Constitution and laws of Texas. This Contract is not within the purview of, nor is it controlled

    either by the Texas Government Code Chapter 2254, Subchapter A Professional Services, or

    Subchapter B Consulting Services.

  • RReevviisseedd JJuunnee 22002200 PPaaggee 22 ooff 77

    SECTION 4

    OBLIGATIONS OF COUNSEL

    Counsel shall provide competent legal representation and advice to certain offenders

    scheduled to appear at a preliminary and/or revocation hearings, including a continuance and

    reopening, to consider revocation of their administrative release or other sanctions; scheduled to

    appear at an erroneous release hearing to consider their return to prison or other parole vote;

    scheduled to appear at a sex offender condition hearing, including a continuance and reopening;

    and/or to pursue an appeal of the revocation or sex offender condition hearing by filing a Motion to

    Reopen hearing with the Board.

    In performing the obligations described above, Counsel shall adhere to all rules and

    regulations of the facility at which hearings are conducted and, more specifically, comply with all

    instructions from the facility’s administrator(s) related to security.

    It is understood that Counsel, unless authorized herein, will initiate no litigation concerning

    matters related to the legal representation of an offender without the prior approval of the Board.

    SECTION 5

    OBLIGATIONS OF THE BOARD

    A. Measure of Liability for Counsel Witness Services

    By execution of this Contract, Counsel will bill by invoice and the Board shall pay for

    services rendered by Counsel, for work performed pursuant to this Contract and Agreement. In

    consideration of full and satisfactory performance thereof, the Board shall pay the rate of seventy-

    five dollars ($75) per hour for the first two (2) hours and thirty-five dollars ($35) for every hour

    after the second hour per appointment for a Preliminary, Revocation, Erroneous Release, or Sex

    Offender Condition Hearing; and thirty-five dollars ($35) for a Continued or Reopened Hearing or

    the submission of a Motion to Reopen Hearing.

    B. Reimbursement for Travel Expenses

    The Board shall reimburse Counsel for any approved travel expenses incurred in connection

    with the performance of Counsel’s duties and obligations pursuant to this Contract and agreement,

    but such reimbursement shall not exceed the rates for the reimbursement of like expenses for

    employees of the State of Texas, pursuant to Texas administrative law related to travel expenses

    promulgated by the Comptroller of Public Accounts. Such reimbursement shall be claimed in the

    manner specified by the Board.

    C. Reimbursement for Incidental Expenses

    The Board shall reimburse Counsel for any necessary, proper and reasonable incidental

    expenses incurred in connection with the performance of Counsel’s duties and obligations pursuant

    to this agreement. Such reimbursement shall be claimed in the manner specified by the Board.

  • RReevviisseedd JJuunnee 22002200 PPaaggee 33 ooff 77

    SECTION 6

    MAXIMUM LIABILITY OF THE BOARD

    The cumulative liability of the Board to the Counsel pursuant to the provisions of paragraph

    A of Section 5 hereto shall not exceed the sum of twenty thousand dollars ($20,000) for the duration

    of this Agreement, inclusive of any actual and reasonable expenses incurred for travel necessary in

    the performance of this Agreement at the same rate authorized for state employees.

    SECTION 7

    LIMITATIONS ON LIABILITY OF THE BOARD

    This Contract and Agreement shall not be construed as creating any debt by or on behalf of

    the Board in violation of Article III, Section 49 of the Constitution of Texas in accordance with

    Article VIII, Section 6 of the Constitution of Texas. All obligations hereunder are subject to the

    availability of appropri