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HomeMy WebLinkAboutResolution - 2005-R0055 - Agreement For Professional Services - Lloyd Gosselink Attorneys At Law - 02_10_2005Resolution No. 2005-R0055 February 10, 2005 Item; No. 29 - RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for Professional Services by and between the City of Lubbock and Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., regarding the City's water matters. Said 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 loth day of February 2005. r�- TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: I I —L ( e&n � C,I-S Anita Burgess, ity Attoiney APPROVED AS TO FORM: Lr T, Anita Burgess, City Attorn as/ccdocs/Res.LGBR&T January 28, 2005 Lloyd G • ATTORNEYS AT LAW Resolution No. 2005-R0055 I 1 I Congress Avenue, Suite 1800 Austin,Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 711 N. Carancahua. Suite 700• Corpus ChristaTexas 78475 Telephone: (361) 654-3200 Facsimile: (361) 654-3203 Mr. Rochelle's Direct Line: '8y Appointrwt Q* (512) 322-5910 mrochelle@lglawtirm.com CONFIDENTIAL PRIVILEGED ATTORNEY -CLIENT COMMUNICATION Ms. Anita Burgess City Attorney City of Lubbock P.O. Box 2000 Lubbock, Texas 79457-0001 Re: Employment Contract; Billing File 2020-6 Dear Anita: This will confirm our agreement that the firm of Lloyd Gosselink Blevins Rochelle & Townsend, P.C. will continue to represent the City of Lubbock by providing counsel regarding the City's water matters. Our counsel will be afforded pursuant to and consistent with the State Bar of Texas' Rules of Professional Conduct, including the conflict of interest rules. Specifically, we will continue to represent the City i) as it pursues water rights for indirect reuse, as it pursues additional sources of water, including surface, groundwater, and reclaimed water, and ii) in its water quality permitting and enforcement efforts, including efforts related to its TPDES/TLAP wastewater discharge permit and its Municipal Separate Storm Sewer System Permit. We will continue to work under your direction on these matters. Our firm utilizes a fee structure based on the cost per chargeable hour for attorneys' services, depending on the individual involved and his or her level of experience and expertise. I will be the account representative and the attorney in charge of our representation. My time is currently billed at the rate of $225 per hour. Brad B. Castleberry will be working with me and his time will be billed at the rate of $175 per hour. From time to time other attorneys with the firm may be assigned to some aspect of our representation, as appropriate. It is the policy of our firm to review our fee structure annually. We will notify you in writing prior to implementation of any change in our fee structure. Additionally, we utilize briefing clerks, paralegals and other support personnel to perform those tasks not requiring the time of an attorney. Briefing clerk and paralegal time is billed at an amount determined by the experience of the individual and file clerk time is billed at $30.00 per hour. We will submit all out-of-pocket expenses incurred for reimbursement, with a fifteen percent (15%) overhead charge added. Usually we ask the client to pay directly all filing fees, Lloyd Gosselink Nevins Rochelle & Townsend, P.C. Ms. Anita Burgess January 26, 2005 Page 2 charges for consultants, etc. due to the size of such fees and to avoid the client incurring our overhead charge. We endeavor to have a statement of services rendered and expenses incurred by the 15th of each month. Full payment is due on receipt of the statement. Upon completion of our work on this matter, it is our firm's policy that your papers and property will be returned to you within a reasonable time. Our own files, including lawyer work product, pertaining to the matter will be retained by the firm. These firm files include, for example, firm administrative records, time and expense reports, billing and accounting records, and internal lawyers' work product. Internal lawyers' work product includes drafts, notes, internal memoranda, and legal and factual research prepared by or for the internal use of lawyers. All documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us after the completion of our work. In keeping with technological advancements and the corresponding demands of clients, it is the practice of the firm to use electronic (email) correspondence from time to time to communicate and to transmit documents. The firm employs several security measures to prevent the interception of electronic transmissions and preserve confidentiality. Still, the possibility exists that electronic transmissions could be intercepted or otherwise received by third parties and lose their privileged nature if the method of communication is ruled to lack sufficient confidentiality. As with any correspondence regarding legal representation, regardless of the manner of transmission, we urge you to use caution in its dissemination in order to protect its confidentiality. By signing below, you agree that we may use email in the scope of our representation of the City of Lubbock. Periodically, the firm is asked to provide a "Representative Client List" to prospective clients and in various legal directories (e.g., Martindale -Hubbell and the Texas Legal Directory). We would like confirmation that we may disclose to third parties the fact that our firm represents the City of Lubbock. Lloyd Gosselink is not requesting authorization to disclose any privileged information obtained during its representation. By signing below you agree that we may reveal the fact that we represent the City of Lubbock to third parties. This agreement shall become effective upon our receipt of a countersigned original of this letter. This agreement may be terminated by you at any time by written notice to us, provided, when applicable, that permission for withdrawal from employment is granted by the court. This agreement may be terminated by this firm on fifteen (15) days written notice that we are no longer in a position to continue representing you in a particular matter for any reason, including nonpayment of fees and expenses within 30 days of receipt of a statement. Ms. Anita Burgess January 26, 2005 . Page 3 If this agreement is acceptable, please sign the duplicate original provided herein, and return it to us for our records. We look forward to working with you. MCR/ldp 2020\0211050127mcr APPROVED: (Client Signature) (Title) (Printed Name) ATTEST: Re ecca Garza, City Secretary =Burgess, NTENT: ey APtF, AS FORM: 1 Anita Burgess, City Att ey Sincerely, Martin C. Rochelle CITY OF LUBBOCK TOM MARTIN, MAYOR PRO TEM SCHEDULE OF CHARGES As of January 1, 2005 Photocopies Telefax (sending only) Messenger/clerical services Scanning CD burning or duplication $ .20/page $ 1.00/page $10.00/hour $ .15/page $ 5.00/CD