HomeMy WebLinkAboutResolution - 2018-R0448 - Agreement With Taylor, Olson, Adkins, Sralla, & Elam And Bustos Law Firm - 12/17/2018Resolution No. 2018-RO448
Item No. 6.19
December 17, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby ratifies, approves and adopts for
and on behalf of the City of Lubbock, Professional Services Agreements between the City of
Lubbock and Taylor, Olson, Adkins, Sralla & Elam, L.L.P. and the Bustos Law Firm, P.C., to
provide legal services to the City of Lubbock in Civil Action No. 5:18-cv-00172-C — Choice
Dynamic Media, L.P. v City of Lubbock, et al. Said Professional Services Agreements are
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on December 17, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Rebe a. Garza, City Secretary
APPROVED AS TO CONTENT:
W. Jarr t Atkinson, City Manager
APPROVED AS TO FORM:
Chad Weaver, City Attorney
vwxcdocs/RESTSA-Taylor, Olson, Adkins
December 5, 2018
McKamie Krueger, LLP
August 15, 2018
Mr. Jarrett Atkinson
City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79407
RE: Assignment of Contract
Dear Mr. Atkinson:
401 E. Sonterra Blvd., Suite 375
San Antonio, Texas 78258
(210) 546-2122
(210) 546-2130
www.mckamielaw.com
On September I, 2018, I will join the Iaw firm of Taylor, Olson, Adkins, Sralla & Elam,
LLP (TOASE) as a partner.
TOASE is an established Fort Worth law firm with over 20 lawyers devoted almost
exclusively to the practice of municipal law. They serve as city attorneys to over thirty cities in
Texas and many more as defense counsel through the Texas Municipal League Intergovernmental
Risk Pool. Their practice dovetails with mine and we expect that our relationship will provide an
opportunity for collaboration that will be beneficial to every one of our clients.
I will head up TOASE's San Antonio office but will be working closely with the Fort
Worth lawyers to represent the interests of our clients.
In order to formalize your understanding of this change, by signing below you agree to the
assignment of your contract and attorney/client relationship with McKamie Krueger, LLP to
Taylor, Olson, Adkins, Sralla & Elam, LLP.
Please call me to discuss further.
Yours very truly,
Mick McKamie
Partner
WMM/rlh
MIC
McKamie Krueger, LLP
May 2, 2018
Via E-Mail
Mr. Jarrett Atkinson, City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79407
Re: Legal Representation for the City of Lubbock
Zoning Ordinance Matters
Dear Mr. Atkinson:
We appreciate the opportunity to represent your City (the "Engagement"). We find it
would be helpful for us to identify the roles and responsibilities of both our law firm and the City
from the beginning.
1. SCOPE OF ENGAGEMENT
As your counsel we will provide the legal services requested in connection with the
Engagement, including legal advice and representation with regard to issues related to the City of
Lubbock and the following matter:
Consultation and legal advice regarding the Lubbock Zoning Ordinance; Classification
of and treatment of uses within certain Zoning Districts; and litigation defense if required.
At the City's sole discretion, this engagement may also be extended to include
counterclaims, third -party claims and appeals arising out of or related to the same issues as the
above described matter.
2. WORK ASSIGNMENTS
I will be the City's primary contact for all aspects of the firm's representation of the City
with respect to the Engagement. From time to time, parts of the City's work may be assigned to
other personnel within the firm, and other firm lawyers may be used where specialized help is
needed. Partner Adolfo Ruiz is available for assignment as co -counsel if litigation arises. It is our
practice to assign tasks among lawyers, legal assistants, law clerks, and documents clerks in such
a way as to produce quality work at a reasonable expense to your City. However, I will be
responsible to the City for the entire assignment and will be available to discuss the engagement
work with you.
www.mckamielaw.com
SAN ANTONIO DALLAS ALPINE
401 E. Sonterra Blvd., #375 2097 N. Collins, 4150 123 N. 6th
San Antonio, Texas 78258 Richardson, Texas 75080 Alpine, Texas 79830
(210) 546-2122 Fax (210) 546-2130 (214) 253-2600 Fax (214) 253-2626 (432) 837-0990 Fax (432) 837-0995
City of Lubbock
May 2, 2018
Page 2
3. FEES
Our fees are based on the time spent by the lawyers, law clerks, paralegals and legal
assistants who work on the matter. We will charge for all time spent in representing your
interests, including, by way of illustration, telephone and office conferences with the City's
representatives, consultants (if any), and opposing counsel; drafting letters, pleadings,
agreements and other necessary documents; appropriate conferences among our lawyers,
paralegals, legal assistants and clerks; factual investigation or due diligence; legal research.
Billing rates for our attorneys vary according to the experience of the individuals. Our
billing rates for those attorneys expected to work on your matter range from $190.00 an hour for
some attorneys to $300.00+ per hour for the most senior attorney. We propose the following fee
schedule for our attorneys for this engagement:
General Leeal Services:
William M. McKamie $250.00 per hour
Other Firm Attorneys $190.00 per hour
Law Clerks $100.00 per hour
Paralegals $ 85.00 per hour
Litieation Services:
William M. McKamie
$300.00 per hour
[Trial
$400.00 per hour]
Other Firm Attorneys
$200.00 per hour
Law Clerks
$100.00 per hour
Paralegals
$ 85.00 per hour
It is also understood and agreed that the firm may utilize legal and support staff or other
support resources within the firm as necessary to timely accomplish the scope of the project
outlined above.
William M. McKamie will be responsible for reviewing the bills on a monthly basis.
Billing rates are reviewed annually, and occasionally adjusted.
4. OTHER CHARGES
In addition to our fees, we will charge for actual expense amounts for items incidental to
the performance of our legal services, such as photocopying, messengers, travel expenses, long
distance telephone calls, facsimile transmissions, postage, and filing fees. These charges will be
itemized on the vendor invoices. Unless special arrangements are made, fees and expenses of
others (such as experts, investigators and consultants) will be the responsibility of, and billed
FFRNANDO M. BUSTOS*
MATrtii:w N. ZIMMERMAN*
DEIRDRE KELLY TROTTER
•Also hwnscd in the SW9 of New Maim
City of Lubbock
Attn: Mr. Jarrett Atkinson
City Manager
PO Box 2000
Lubbock, TX 79457
BUSTOS LAW FIRM, P.C.
LUBBOCK NATIONAL BANK BUILDING
]DO] MAIN STREET, SUITE 501 - 79401
P.O. BOX 1990.79408-1980
LUBBOCK, TEXAS
TELEPHONE (306) 780-3976
FACSIMILE (906) 780-3800
wcbskc- sL'N.'s� busmiawtinn.com
ALEX M. BUSTOS
DUSTIN N. SLADE•
nJC ciunvel
h-Mail Addrcss
Fhtnurty htsstmta�firm,cnm
July 18, 2018
Via Email: jatkinson@mylubbock.us
Rc: Agreement for Legal Services on behalf of City of Lubbock in connection with Choice
Dynamic Media, L. P. v Clay ojLubbock, of al_, No. 2018-530,988, in the 99* District Court
of Lubbock County, Texas
Dear Mr. Atkinson:
Thank you for selecting this firm to serve as your local counsel in the matter referenced above.
This letter will confirm our engagement and describe the basis on which our firm wiU provide
legal services to you.
Client. Our clients in this matter are all the Defendants named in the above referenced lawsuit.
You may limit or expand the scope of our representation from time to time, provided that any
substantial expansion must be agreed to by us.
Scope of Engagement. We have been engaged to represent Client solely in connection with the
above referenced lawsuit. We have agreed that our engagement is limited to performance of
services related to this action. If in the future at your request we represent you on related or
additional matters and do not ask you to enter into a separate engagement agreement, the terms of
this engagement will apply to such other matters. This agreement and its performance arc governed
by Texas law.
Client Responsibilities. You agree to pay our statements for services and expenses as provided
below. In addition, you agree to be candid and cooperative with us, to keep us informed with
complete and accurate factual information, contact information, documents and other
communications relevant to the subject matter of our representation or otherwise reasonably
requested by us, to make yourself and employees available as needed and to commit the
appropriate personnel and sufficient resources to meet obligations. We will also need your
BUSTOS LAW FIRM, PC
City of Lubbock
Jarrett Atkinson
Pg. 2
cooperation in securing necessary witness testimony and doing all things necessary to assist in
your legal matter.
Advice about Possible Outcomes. Either at the commencement or during the course of our
representation, we may express opinions or beliefs concerning this matter or various courses of
action and the results that might be anticipated. Any such statement made by any lawyer of our
firm is intended to be an expression of opinion only, based on information available to us at the
time, and should not be construed by client as a promise or guarantee of a particular outcome.
Medical Records. Although probably not relevant to this particular legal matter, we are required
by Texas law to inform you that because this law firm gathers, stores, and electronically transmits
medical records in relevant cases, that medical records and other protected health information are
subject to electronic disclosure as appropriate. Such disclosure includes but is not limited to the
fact that we may transmit your health information electronically during our representation of you.
We will take appropriate safeguards as required by law to protect your health care information.
Fees. Fernando M. Bustos will bill for attorney services on an hourly basis at a rate of $250.00 per
hour, and paralegal services are billed at an hourly rate of $150.00. If you have any questions,
please give me a call. Billing rates may be adjusted, generally on an annual basis. We attempt to
keep legal fees at a reasonable level under the circumstances of each matter we handle. Fees for
representation in this matter shall not exceed $50,000 unless otherwise authorized by City Council,
Costs. We will include on our statements separate charges for performing services such as
photocopying at $0.10 per page, messenger and delivery service at cost, computerized legal
research at cost, travel at cost or the IRS mileage reimbursement rates, long-distance telephone
and fax charges at $2.50 per call or outgoing fax, and search and filing fees at cost. Such expenses
may also include filing fees, deposition costs, process servers, court reporters, witness fees, and
fees necessary to retain any investigators, consultants, or experts.
Payment of Statements. Statements normally will be rendered monthly for work performed and
expenses recorded on our books during the previous month. Payment is due promptly upon receipt
of our statement. if any statement remains unpaid for more than 90 days, we may suspend
performing services until arrangements satisfactory to us have been made for payment of
outstanding statements and the payment of future fees and expenses. Past due amounts will accrue
interest at the rate of one and one-half percent (I %: %) per month. It is also expressly understood
that client's obligation to pay the firm's fees and costs is in no way contingent on the ultimate
outcome of the matter. If you have any questions about a statement, please contact me immediately
to resolve any concerns without delay.
BUSTOS LAW FIRM, P.C.
City of Lubbock
Jarrett Atkinson
Pg. 3
Termination of engagement. Client may at any time terminate our services and representation
upon written notice to the firm. Such termination shall not, however, relieve client of the obligation
to pay for all services already rendered, including work in progress and remaining incomplete at
the time of termination, and to pay for all expenses incurred on behalf of client through the date of
termination.
We reserve the right to withdraw from our representation as required or permitted by the applicable
rules of professional conduct, including for nonpayment of attorneys' fees, upon written notice to
client. If we terminate the engagement, we will take such steps as are reasonably practicable to
protect client's interest and client agrees to take all steps necessary to free us of any obligation to
perform further, including the execution of any documents necessary to perfect our withdrawal.
We will be entitled to be paid for all services rendered and costs or expenses incurred on client's
behalf through the date of withdrawal. If permission for withdrawal is required by a court or
arbitration panel, we will promptly request such permission, and client agrees not to oppose our
request.
Conclusion of Representation Retention and Disposition of Documents. Unless termination
occurs earlier as described above, our representation of client in this matter will terminate upon
our sending our final statement for services rendered in the matter. At client's request, client's
documents, pleading files, and other materials generated as a result of the representation and
belonging to client will be returned upon payment of outstanding fees and costs. Our own files
pertaining to the matter will be retained by the firm. These firm files include, for example, firm
administrative records, time and expense reports, accounting records, and internal lawyers' work
product such as drafts, notes, internal memoranda, and legal and factual research, prepared by or
for the internal use of lawyers. At the conclusion of the matter, all firm files, as well as client files
if not requested returned, will be transferred to the person responsible for administering our records
retention program. A reasonable number period of time thereafter, in accordance with the firm's
record retention policy, the files will be destroyed absent separate instructions from client as to
client's documents.
Post Engagement Matters. Client is engaging the firm to provide legal services in connection
with a specific dispute and anticipated litigation arising from that dispute. After the dispute and/or
litigation concludes, changes may occur in the applicable laws or regulation that could have an
impact upon client's future rights and liabilities. Unless client engages us after completion of this
matter to provide additional advice on issues that may arise, the firm has no continuing obligation
to advise client with respect to future legal developments.
If you agree to the terms of our engagement set forth above, please sign your name in the space
provided below and return a signed copy of this letter to me. This agreement will take effect and
our engagement will commence immediately when this letter has been approved by you and
received by me, along with the retainer referenced above.
BUSTOS LAW FIRM, P.C.
City of Lubbock
Jarrett Atkinson
Pg. 4
Once again, we are pleased to have this opportunity to work with you. PIease call me if you have
any questions or comments during the course of our representation.
sincerely,
Rus►os Law _, Lrim, PC
Fernando M. Bustos
AGREED TO ON THIS d DAY OF fy y , 2018
Jarrett,/Atkinson
City Manager
cc. Mr. Jeff Ilartsell
Assistant City Manager