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HomeMy WebLinkAboutResolution - 2023-R0054 - Terms of Engagement Agreement with Lu Pham of Pham Harrison - HennsleyResolution No. 2023-R0054 Item No. 5.7 February 14, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the acts of the City Attorney of the City of Lubbock in executing, on behalf of the City of Lubbock, a Terms of Engagement by and between the City of Lubbock and Lu Pham of Pham Harrison, to provide legal services to the City of Lubbock and represent the City of Lubbock regarding the indefinite suspension appeal filed by Christopher Hennsley, and related documents are hereby ratified in full. Said Terms of Engagement 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 February 14, 2023 TRAY P NE, MAYOR ATTEST: i Rebekca Garza, City Secret APPROVED AS TO CONTENT: W. Jarr tt Atkinson, City Manager Assistant City Attorney RES.Terms of Engagement-Lu Pham 2.3.23 Resolution No. 2023-R0054 PHAM 6 HARRISON February 22, 2022 Via Email Only: Rbrooke(tmylubbock.us The City of Lubbock, Texas Attn: Mr. Ryan Brooke Assistant City Attorney P.O. Box 2000 Lubbock, Texas 79457 Lu Pham 87-632-6363 1pham@phamharrison.com Re: Terms of Engagement — Christopher Hennsley, Chapter 143 Civil Service Arbitration Dear Mr. Brooke: We appreciate being asked to represent the City of Lubbock, Texas (the "City") in connection with the Chapter 143 arbitration filed by Christopher Hennsley (the "Engagement"). Our experience at Pham Harrison LLP ("the Firm") has been that clients sometimes find it helpful for us to set forth, at the outset of our representation, the roles and responsibilities of both our law firm and the client, and that is the purpose of this letter. Scope of Representation: As counsel for the City of Lubbock, we will assist you with the matters described above and any other legal services as may be requested. If you decide to engage the Firm on additional legal matters, this engagement letter will apply to those matters as well, unless otherwise agreed in writing. Communication: In order to enable us to render effectively the legal services contemplated, you have agreed to disclose fully and accurately all facts and keep us informed of all developments relating to the Engagement. We necessarily must rely on the accuracy and completeness of the facts and information you provide to us. The undersigned representative of the City of Lubbock executing this Engagement acknowledges that he/she has authority to seek legal service on behalf of the City. If or when other individuals need to seek legal advice with regard to the Engagement on behalf of the City of Lubbock, the City is responsible for notifying Pham Harrison, LLP of the same, or verifying for Pham Harrison, LLP that person's authorization by the client to so act. We will keep you regularly and currently informed of the status of the Engagement and will consult with you whenever appropriate. Within the Firm, I will be primarily responsible for the February 22, 2022 Page 2 Engagement and will staff this Engagement in a manner that we think will be the most effective and efficient. Additionally, attorneys in Texas agree to abide by the terms of the Lawyer's Creed with regard to communication with clients, opposing counsel, and the courts. I am enclosing for your reference a copy of the Lawyer's Creed as we believe it is important at the outset to be transparent regarding our obligations in this regard. No Guarantee of Result: In providing legal advice to the City of Lubbock, I or others at the Firm may from time to time express opinions or beliefs regarding the likely effectiveness of various courses of action or about results that may be anticipated. You understand that any such statements are opinions and beliefs only and are not promises or guaranties. We cannot and do not guarantee any particular outcome of the Engagement. Estimates. The fees and expenses relating to the Engagement are not predictable. Accordingly, we have made no commitment to the City of Lubbock concerning the maximum fees and expenses that will be necessary to resolve or complete this Engagement. Any estimate of fees and expenses that we may have discussed represents only an estimate of such fees and expenses. It is also expressly understood that your obligation to pay the Firm's fees and expenses is in no way contingent on the ultimate outcome of the Engagement. Notwithstanding the forgoing, we understand and agree that fees exceeding $50,000 must be approved by City Council. Fees: Our fees at Pham Harrison, LLP are based on the time spent by personnel who work on the Engagement. We will charge for all time spent in representing your interests, including by way of illustration, telephone and office conferences, factual investigation, legal research, drafting letters and other documents, and travel. Our hourly billing rate is $275 for attorneys and $150 for paralegals. Billing for Fees: We will submit bills on a monthly basis. The City has ten (10) days from the receipt of our statement to object to any fees or disbursements noted for the first time on that statement. If we do not receive written objection to a billing statement, the City is deemed to agree that the fees are reasonable. If the City has any questions regarding a bill, or wish to challenge any bill, the City agrees to notify us promptly in writing of any such question or challenge, and shall in any event pay any portion of such bill that is not the subject of a question or challenge. The obligation to pay our bills is solely on the City and is not contingent upon any judgment or settlement; any right the City may have for reimbursement, indemnification, insurance or the like; or the City's receipt of any other form of payment it may expect to receive from some other party. Billing for Independent Vendors' Services: If your case requires the services of a court reporter, experts, or other outside vendors, those vendors will send us a bill. Invoices under $100 will be paid by the Firm and then added to your monthly bill. Invoices over $100 will be forwarded to the City for direct payment to the vendor. Travel: Expenses for all travel outside of Tarrant County will be billed at the current prevailing rates. Any expenses incurred will be billed to the City. Expenses include: transportation such as February 22, 2022 Page 3 plane and car, meals while travelling, and parking expenses. Travel time is billed at standard billing rates unless otherwise agreed in writing. Withdrawal or Termination: This Engagement may be terminated by either the City or the Firm at any time by written notice to the other party. You have the right to terminate this agreement at any time with the understanding that any amounts still outstanding will be immediately due. The non-payment of two consecutive invoices is considered to be a termination of this agreement by the City and will end representation. We reserve the right to withdraw from our representation if, among other things, the City fails to honor the terms in this engagement letter or follow our advice on a material matter, or if any fact or circumstance exists that would, in our view, render our continuing representation unlawful, unethical, or ineffective. If we elect to withdraw for any reason, the City agrees to take all steps necessary to free us of any obligation to perform further, including the execution of any documents necessary to complete our withdrawal, and we will be entitled to payment for all services rendered and other charges accrued on your behalf to the date of withdrawal. Date of Commencement: Please note that the Firm is not obligated to perform services in connection with the Engagement until the City has returned an executed copy of this letter to me. However, the effective date of this Engagement is the date on which we first perform services. The date at the beginning of this letter is for reference only. If this letter is not signed and returned for any reason, the City will nevertheless be obligated to pay us for any services we have performed, as well as any costs incurred. Termination: The Engagement will be considered terminated at the earlier of (i) the City's termination of the representation; (ii) the Firm's withdrawal from the representation; or (iii) the completion of the Firm's substantive work for the City. In the absence of a letter notifying the City of the completion of the Engagement, our representation will be presumed to end six months after the date of our final bill. Dispute Resolution -NO JURY TRIAL: Although we think it is unlikely, it is possible that a dispute may arise between us regarding some aspect of the Engagement. In the event the City has a complaint relating to or arising from this Engagement, the City agrees to meet with us to attempt a resolution before filing any claim. If informal efforts are unsuccessful, the City agrees that any controversy, claim or dispute that relates to or arises from this Engagement shall be resolved by submitting this dispute to the Tarrant County Bar Association Fee Dispute Committee. If the foregoing correctly reflects your understanding of the terms and conditions of our representation, please execute the enclosed copy of this letter in the space provided below and return it to me. February 22, 2022 Page 4 Please contact me if you have any questions. Pham Harrison LLP is pleased to have this opportunity to be of service to the City of Lubbock. I look forward to working with you on this Engagement. Sincerely, 7 Lu Pham STATEMENT TO BE SIGNED BY CLIENT I have read the above Engagement Letter and understand and agree to its contents. City of Lub ck, Texas By. Title: G/ -rY.4 7 '70P.� Date: 4 c/ --712 z