Loading...
HomeMy WebLinkAboutResolution - 2005-R0054 - Agreement For Professional Services - Craig, Terrill, Hale, & Grantham LLP - 02_10_2005Resolution No. 2005-R0054 February 10, 2005 Item No. 28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council ratifies the action of the Mayor of the City of Lubbock in executing for and on behalf of the City of Lubbock, an Agreement for Professional Services by and between the City of Lubbock and Craig, Terrill, Hale & Grantham, L.L.P., regarding the Oscar Renda Contracting, Inc. matter. Said executed Agreement for Professional Services is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of February 2005, TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APP VED AS TO CONTENT: -Lt,- ", Anita Burgess, City Att ey APP O ED AS TO FORM: Anita Burgess, i y Attorne rv/ccdocs/Res.CTHG January 28, 2005 Resolution No. 2005-R0054 CRAIG, TERRILL, HALE & GRANTHAM L.L.P. ROBERT L. (BOB) CRAIG, JR, P.C. H. GRADY TERRILL KENT HALE TERRY L. GRANTHAM HUGH N. LYLE LEONARD R (BUD) GROSSMAN BENNETT G. COOK, III GARY BELLAIR JANNA KAY FULFER ANGELIA B. LEE BRAD J. DAVIDSON BARBARA BAUERNFEIND TRAVIS B. VARGO January 25, 2005 ATTORNEYS AT LAW A Limited Liability Partnership Including Professional Corporations 1500 BROADWAY SUITE 400, WELLS FARGO CENTER LUBBOCK, TEXAS 79401 P. O. BOX 1979 (79408-1979) Telephone: (806) 744-3232 Telecopier: (806) 744-2211 Via Hand Delivery The Honorable Marc McDougal Mayor - City of Lubbock P. O. Box 2000 Lubbock, Texas 79401 From the Office of: Bob Craig (ext.107) e-mail address: bobs@ctbg1awr1rm.com RE: Terms of Engagement No. 2004-528,600 - 72nd District Court of Lubbock County, Texas OSCAR RENDA CONTRACTING, INC., RUDOLPH J. RENDA and JOHN C. BECK V. CITY OF LUBBOCK, TEXAS and MARC McDOUGAL, in his Official Capacity as Mayor for Injunctive Relief Our File No. 6205.0009 Dear Mayor McDougal: We appreciate the City Council's selection of our firm to represent the City of Lubbock in the above matter. The purpose of this letter is to confirm our engagement as counsel and to provide you certain information concerning our fees, billing and collection policies, and other terms that will govern our handling of this litigation. The City has engaged our law firm to represent it in the above -referenced litigation. We will undertake to prepare and defend the City on issues involved in this matter. The scope of our engagement is limited to the extent specified above, and also includes representation of the City in connection with any appeal of this matter, unless otherwise agreed by us in writing subject to such terms as we may mutually agree. January 25, 2005 Page 2 Grady Terrill and I will serve as the attorneys in charge of this file, and will utilize the services of other attorneys in the law firm to handle various tasks as we deem appropriate to perform the services to be rendered pursuant to our engagement. Our billing rate is $175.00 per hour for partners, $150.00 per hour for associates, and $55.00 per hour for paralegals. These rates may be adjusted upon thirty days' notice subject to the approval of the City Council. The City agrees to pay monthly all attorney's fees, costs and expenses necessary for investigating, preparing and presenting the City's claims. A trial is an unpredictable event, the outcome of which is based upon facts we do not know at this time and on law that may change. There can be no assurances, and we make no representation, guarantees or warranties as to the particular results from our services, the response and timeliness of action by the court or any party involved in the case or the outcome of the case. The City may win or lose at trial, and any trial decision could be upheld, reversed or modified on appeal. The City agrees (i) to keep us advised of the location of your witnesses and responsible officers, (ii) to appear on reasonable notice at all depositions and court appearances, (iii) to respond timely to all requests for admissions, interrogatories, requests for production of documents and other discovery and (iv) to comply with all our reasonable requests in connection with preparation of the case. You agree that all appropriate personnel will be notified of pending litigation and that we will be consulted before any documents relating to pending litigation are destroyed. Failure to comply in a timely manner with discovery requests, or destruction of, or tampering with, evidence can result in the court imposing sanctions or entering an adverse ruling on the merits. Our services are intended to assist you in meeting these legal obligations, but under the applicable statutes, your duty of diligence in this regard cannot be shifted onto us or any other professional. If the terms described above are satisfactory to you, please so indicate by signing the enclosed copy of this letter and returning the signed copy. We are grateful for the opportunity to work with you, the other City Council members and the City staff in connection with this matter, and we look forward to a mutually satisfactory relationship. January 25, 2005 Page 3 Yours truly, CRAIG, TERRILL, �^ Bob Cr BC/js The undersigned has read and agreed to the terms of this engagement letter this 41 day of u.ttY'V---, 2005. CITY OF LUBBOCK, TEXAS. By: Marc McDougal, Mayor ATTEST: Rebecca Garza, City Secretary APP D AS TO C . Ani Burgess, City Attor APD AS TO F . P7r L - f , , ,, An'fta Burgess, City At rney & GRANTHAM, L. L.P.