HomeMy WebLinkAboutResolution - 2024-R0287 - Letter Of Engagement, Lloyd Gosselink Rochelle & Townsend P.C. - 06/11/2024Resolution No. 2024-R0287
Item No. 5.15
June 11, 2024
1tESOLUTION
13E IT RESOLVEll 13Y THE CITY COUNCIL OF THE CITY OF LUI3BOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Letter of Engagement, for professional services related to
the permitting or registration for the future City oi� I.ubbock �1'ransfer Station or Transfer
Station/Material Recovery Facility by and between the City of Lubbock and Lloyd Gosselink
Rochelle & T'ownsend, PC, and related documents. Said a Letter of �ngagement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in thc
min�rtes of thc City Council.
Passed by the City Council on June 11, 2024
TRA A , MAYOR
A"I"1'CST:
Courtney Paz, City Secretary
AYPI�OVED AS TO CONTE
ood Fr�c�in, Dijsion Director o�t c Works
�
Al'P120VED AS TO FORM:
Ry n B�(�ke, � enior Assistant City Attorney
R�S.l:ngagement Letter-Solid Waste-1,loyd Gossclink
, 6.5.24
Resolution No. 2024-R0287
Lloyd
,� Gosselink
..---n� tc►ii�� iti .♦� i f���
Mr Reed s D�rect Lme 1512►322-5835
�91I: :mdro;lefnw fimS.&9m
November 2l, 2023
Ms. Brenda A. Haney, Solid Waste Director
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Re: En�gement Letter — Transfer Station Permit;
Billing File Number: 2020-21
Dear Brenda:
816 Congress A� erwc, Su�te 1900
Aust�n, Texas T8701
S l3 32?.5800 p
51: a7?.o53? f
Igla«•fum.com
VIA ELECTRONIC MAIL
We want to express our appreciation for the opportunity you have given our firm to work
with you. As part of our routine in opening new files, and in part to comply with the provisions of
Texas Local Government Code Chapter 176, we provide clients with an engagement letter. The
purpose of this letter is to set forth our understanding of the legal services to be performed by us
for this engagement and the basis upon which we will be paid for those services. This letter
confirms that Lloyd Gosselink Rochelle & Townsend, P.C. ("Lloyd Gosselink") will represent the
City of Lubbock with respect permitting of a transfer station (the "Matter"). Our acceptance of this
representation (the "Representation") becomes effective upon our receipt of an executed copy of
this agreement.
Tcrms of Engagement
This letter sets out the terms of our engagement in the Representation. Certain of those
terms are included in the body of this letter, and additional tercns are contained in the attached
document, entitled Additional Terms of Engagement, dated October 2, 2018. That document is
expressly incorporated into this letter, and it should be read carefully. The execution and return of
the enclosed copy of this letter constitutes an agreement to all the terms set forth in this letter and
in the attached Additiona! Terms of Engagement.
lt is understood and agreed that our engagement is timited to the Representation, and our
acceptance of this engagement does not imply any undertaking to provide legal services other than
those set forth in this ietter.
Personnel Who Witl Be Working on the Matter
I will be the attomey in charge of the Representation. Mattie Isturiz and I will be working
on the Matter. You may call, write, or e-mail me whenever you have any questions about the
Lbyd GosseGnk RocheOe 3 Townsand. PC
City of Lubbock
November 21, 2023
Page 2
Representation. Other firm personnel, including firm lawyers and paralegals, will participate in the
Representation if, in our judgment, their participation is necessary or appropriate.
Legal Fees and Other Charges
Our fees in the Matter will be based on the time spent by firm personnel, primarily firm
lawyers or paralegals, who participate in the Representation. We will charge for atl time spent by
such personnel in the Representation in increments of tenths of an hour. We charge for time spent
in activities including but not limited to the following: telephone and ofTce conferences with
clients, representatives of clients, opposing counsel, and others; conferences among our attorneys
and paralegals; factual investigation, if needed; legal research; file management; responding to
requests from you that we provide information to you or your auditors; drafting letters and other
documents; and travel, if needed.
Legal fees and costs are difficult to estimate. Accordingly, we have made no commitment
concerning the fees and charges that will be necessary to resolve or complete the Representation,
although we will make every effort to rnanage fees and costs by working efficiently and cost-
effectively.
My time is billed at the rate of $350 per hour. My associate, Mattie Isturiz, and paralegal,
Joe Jimenez, will be working with me and their time will be billed at the rate of $290 and $195 per
hour, respectively. Other lawyers, paralegals and other personnel may be assigned as necessary to
achieve proper staffing. We utilize briefing clerks, paralegals, file clerks and other support
personnel to perform those tasks not requiring the time of any attorney. Their time is billed at an
amount determined by the experience of the individual. The foregoing rates may be adjusted
annually and, if so, will be noted on your bill. We will submit all out-of-pocket expenses incurred
for reimbursement. Usually we ask the client to pay directly alt iiling fees, charges for consultants,
etc. due to the size of such fees. We endeavor to have a statement of services rendered and expenses
incurred by the 15th of the following month. Full payment is due on receipt of the statement.
Conilicts of Interest
Before accepting the Representation, we have undertaken reasonable and customary efforts
to determine whether there are any potential con8icts of interest that would bar our firm from
representing you in the Matter. Based on the information available to us, we are not aware of any
potential disqualification. We reviewed that issue in accordance with the rules of professional
responsibility adopted in Texas.
Cload-Based Software
We use cloud-based electronic data storage and/or document preparation systems to store
Client confidential information and/or prepare legal documents pertaining to this Matter. In
accordance with the Texas Disciplinary Rules of Professional Conduct and the Supreme Court of
Texas, Professional Ethics Committee Opinion No. 680, in using such cloud-based software, we
87:0172 Lloyd Gosselmk Engagement Lettrr l 92
City of Lubbock
November 2 I , 2023
Page 3
undertake reasonable precautions and remain alert to avoid the possibility of data breaches,
unauthorized access, and/or disclosure of Client confidential information.
Document Retention
We may choose to keep records pertaining to this Matter in partially or exclusively electronic
format, and we will bear ordinary costs relating to the treatment and storage of such records as part
of the cost of providing legal services to you. Upon completion of our work on this Matter, your file,
in the form in which it was maintained, will be rnade available for transfer to you at our office. As a
general rule, we keep client files for five years. If your 61e has not previously been retumed to you
before the end of the retention period, our document retention policy directs us to ot%r the file to you
at that time. Original documents {e.g., permits, licenses, deeds, wills and the like), or material that
has unique or significant value in the form we originally acquired it, will be returned to you in that
original form. We may, however, require you to pay any delivery or shipping expenses associated
with delivering your client fiie and other client property to you at a location other than our office. If
you do not indicate a desire to have the file returned to you, the file (both electronic and written) will
be destroyed.
Conclusion
This letter and the attached Additiona! Terms of Engagement constitute the entire terms of
the engagement of Lioyd Gosselink Rochelle & Townsend, P.C. in the Representation. These
written terms of engagement are not subject to any oral agreements or understandings, and they can
be modified only by further written agreement signed both by you and Lloyd Gosselink Rochelle
& Townsend, P.C. Unless expressly stated in these terms of engagement, no obligation or
undertaking sha11 be impfied on the part of either you or Lloyd Gosselink Rochelle & Townsend,
P.C.
Please carefully review this document, which includes this letter and the attached
Additiona! Terms of Engagement. If there are any questions about these terms of engagement, or
if these terms are inaccurate in any way, please let me know immediately. If acceptable, we would
appreciate you signing and returning the enclosed duplicate original of this document.
Sincerely,
-=� �� �
����:7�
Jeffrey S. Reed
JSR/dsr
Attachment
87201'!2 Lloyd Goss�:lmk Engngement Lettcr ) 92
City of Lubbock
November 21, 2023
Page 4
AGREED AND ACCEPTED:
CITY OF LUBBOCK
By:
Signature
Director of Solid Waste
Title
Brenda Haney
Printed Name
21 November 2023
Date
87:017: Lloyd Gosselmk Engagement Letter l 92
TEXAS GOVERNMENT CODE VERIFICATION
FOR GOVERNMENTAL ENTITIES
In accordance with Texas Government Code Sections 2271.002 and 2274.002, Lloyd Gosselink
Rochelle & Townsend, PC does not:
{i) boycott Israel; and will not boycott Israel during the term of the contract;
(ii) have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate during the term of the contract against a
firearm entity or firearm trade association; and
(iii) does not boycott energy companies and will not boycott energy companies during the term
of the contract
.�i
��,� _ ��trs�
Jeffrey S. Reed, Principal
I l /21/2023
Date
Additional Terms of Engagement �
This supplement to our engagement letter sets out additional terms of our agreement to
provide the representation described in our engagement. Because these additional terms of
engagement are a part of our agreement to provide legaf services, you should review them carefully
and should promptly communicate to us any questions concerning this document. We suggest that
you retain this statement of additional terms along with our engagement letter and any related
documents.
The Scope of the Representation
As lawyers, we undertake to provide representation and advice on the legal matters for
which we are engaged. It is important for our clients to have a clear understanding of the legal
services that we have agreed to provide. Thus, if there are any questions about the scope of the
Representation that we are to provide in the Matter, please raise those questions promptly, so that
we may resolve them at the outset of the Representation.
Any expressions on our part concerning the outcome of the Representation, or any other
legal matters, are based on our professional judgment and are not guarantees. Such expressions,
even when described as opinions, are necessarily limited by our knowledge of the facts and are
based on ow views of the state of the law at the time they are expressed.
Upon accepting this engagement on your behalf, Lloyd Gosselink Rochelle & Townsend,
P.C. agrees to do the following: (1) provide legat counsel in accordance with these terms of
engagernent and the related engagement letter, and in reliance upon information and guidance
provided by you; and (2) keep you reasonably informed about the status and progress of the
Representation.
To enable us to provide effective representation, you agree to do the following: (1 } disclose
to us, fully and accurately and on a timely basis, all facts and documents that are or might be material
or that we may request, (2) keep us apprised on a timely basis of all developments relating to the
Representation that are or might be material, (3} attend meetings, conferences, and other proceedings
when it is reasonable to do so, and (4) otherwise cooperate fully with us.
Our firm has been engaged to provide legal services in connection with the Representation
in the Matter, as specifically defined in our engagement letter. After completion of the
Representation in the Matter, changes may occur in the applicable laws or regulations that could
affect your future rights and liabilities in regard to the Matter. Unless we are actually engaged after
the completion of the Representation to provide additional advice on such issues, the firm has no
continuing obligation to give advice with respect to any future legal developments that may pertain
to the Matter.
It is our policy and your agreement that the person or entity that we represent is the one
identified in our engagement letter, and that our attorney-client relationship does not include any
related persons, employees of the client, or related entities.
Who Will Provide the Legal Services
As our engagement letter confirms, Lloyd Gosselink Rochelle & Townsend, P.C. will
represent you in the Matter. Lloyd Gosselink Rochelle & Townsend, P.C. is a Texas professional
corporation.
Page I
Qctober 2, ZO18
Although our firm will be providing legal services, each client of the firm customarily has
a relationship principally with one attorney, or perhaps a few attorneys. At the same time, however,
the work required in the Representation, or parts of it, may be Qerformed by other firm personnel,
including lawyers and paralegals. Such delegation may be for the purpose of involving other firm
personnel with experience in a given area or for the purpose of providing services on an efficient
and timely basis.
Communication and Canftdentiality
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 transrnit documents. As such, 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, regardtess 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 the Representation.
We recognize our obligation to preserve the confidentiality of attorney-client
communications as well as the client confidences, as required by the governing rules of professional
responsibility. If the Matter involves transactions, litigation or administrative proceedings or like
proceedings in which our firm appears as counsel of record for you in publicly available records,
we reserve the right to inform others of the fact of our representation of you in the Matter and (if
likewise reflected or record in publicly available records) the results obtained untess you
specifically direct otherwise.
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). Unless you
advise us to the contrary, we may disclose to third parties the fact that our firm represents you. Lloyd
Gosselink is not requesting authorization to disclose any privileged information obtained during its
representation.
Disclaimer
Lloyd Gosselink Rochelle & Townsend, P.C. has made no promises or guarantees to you
about the outcome of the Representation of the Matter, and nothing in our engagement letter or
these terms of engagement shall be construed as such a promise or guarantee.
Termination
At any time, you may, with or without cause, terminate the Representation by notifying us in
writing of your intention to do so. Any such termination of services will not affect the obligation to
pay for legal services rendered and expenses and charges incurred before termination, as well as
additional services and chazges incurred in connection with an orderly transition of the Matter.
We are subject to the codes or rules of professional responsibiliry for the jurisdictions in
which we practice. There are several types of conduct or circumstances that could result in our
withdrawing from representing a client, including, for example, the following: non-payment of fees
or charges; misrepresentation or failure to disclose material facts; fraudulent or criminal conduct;
action contrary to our advice; and conflict of interest with another client. We try to identify in
advance and discuss with our clients any situation that may lead to our withdrawal.
Page 2
October 2, 2U18
A failure by you to meet any obligations under these terms of engagement shall entitle Lloyd
Gosselink Rochelle & Townsend, P.C. to terminate the Representation. In that event, you will take
all steps necessary to release Lloyd Gosselink Rochelle & Townsend, P.C. of any further obtigations
in the Representation or the Matter, including without limitation the execution of any documents
necessary to effectuate our withdrawal from the Representation or the Matter. The right of Lloyd
Gosselink Rochelle & Townsend, P.C. to withdraw in such circumstances is in addition to any rights
created by statute or recognized by the governing ntles of professionai conduct.
Our engagement letter specifically explains our fees for services in the Matter. We will bill
on a regular basis, normally each month, for fees and expenses and charges. It is agreed that you
will make full payment within thirty (30) days of receiving ow statement. We may give notice if
an account becomes delinquent, and it is further agreed that any delinquent account must be paid
upon the giving of such notice. If the delinquency continues and you do not arrange satisfactory
payment terms, we may withdraw from the Representation. However, any termination by either
party may be subject to, or controlled by, orders of a court.
Document Retention
We may choose to keep records pertaining to this Matter in partially or exclusively electronic
format, and we will bear ordinary costs relating to the treatment and storage of such records as part
of the cost of providing legal services to you. Upon completion of our work on this Matter, your file,
in the forrn in which it was maintained, will be made available for transfer to you at our of�ice. As a
general rule, we keep client files for five years. If your fle has not previously been returned to you
before the end of the retention period, our document retention policy directs us to ot%r the file to you
at that time. Original documents (e.g., permits, licenses, deeds, wills and the like), or material that
has unique or significant value in the form we originally acquired it, will be returned to you in that
original form. We may, however, require you to pay any delivery or shipping expenses associated
with delivering your client file and other client property to you at a location other than our office. If
you do not indicate a desire to have the file returned to you, the file (both electronic and written) will
be destroyed.
Charges for Expenses and Services
Our invoices will include amounts for legal services rendered and for other expenses and
services. Examples of other expenses and services include charges for photocopying, facsimile
transmissions, long-distance telephone calls, travel and conference expenses, messenger deliveries,
computerized research, and other electronic transmissions. In addition, we reserve the right to send to
you for direct payment any invoices delivered to us by others, inc[uding experts and any vendors.
Rates for our legal services, expenses and charges aze subject to change from time to time
and will be noted on your bil1. in some situations, we can arrange for such services and expenses
to be provided by third parties billed through our billings or by direct billing to the client.
Standards of Professionalism and Attorney Comptaint Information
Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we
are to advise our clients to the contents of the Texas Lawyer's Creed, a copy of which is attached. In
addition, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints
of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney
Complaint Information is available in our ot�ice in Austin and is likewise available upon request. A
client that has any questions about the State Bar's disciplinary process should call the Ofiice of the
General Counsel of the State Bar of Texas at 1-800-932-1900 toll free.
Page 3
October 2, 2018
THE TEXAS LAWYER'S CREED
A Mandate %r Professionalism
Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1988
I am a lawye�; I am entrusted by the People of Texas to preserve and improve our legal system. I am
licensed by the Supreme Cou�t of Texas. I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of
laws and rules. I am committed to this Creed for no other reason than it is right.
I.OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer
should a{ways adhere to the highest principles of professionalism.
1. I am passionately proud of my profession. Therefore, "My word is my bond."
2. I am responsible to assure that all persons have access to competent
representation regardless of wealth or position in life.
3. I commit myself to an adequate and effective pro bono program.
4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and
letter of this Creed.
5. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT
A lawyer owes to a client allegiance, leaming, skill, and industry. A fawyer shall employ all appropriate
means to protect and advance the clienYs legitimate rights, claims, and objectives. A lawyer shall not be
deterred by any real or imagi�ed fea� of judicial disfavor or public unpopularity, nor be influenced by mere
self-interest.
1. I will advise my client of the contents of this Creed when undertaking representation.
2. I will endeavor to achieve my clienCs iawful objectives in legal transactions and in litigation
as quickly and economically as possible.
3. I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty
and commitment to interfere with my duty to provide objective and independent advice.
4. I will advise my client that civility and courtesy are expected and are not a sign
of weakness.
5. I will advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and due consideration. A client
has no right to demand that I abuse anyone or indulge in any offensive conduct.
7. I will advise my c{ient that we will not pu►sue conduct which is intended primarily to harass
or drain the flnancia! resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
10. I will advise my client that I reserve the right to determine whether to grant
accommodations to opposing counsel in all matters that do not adversely affect my
clienYs lawful abjectives. A client has no right to instruct me to refuse reasonable
requests made by other counsel.
11. I will advise my client regarding the availability of inediation, arbitration, and
other alterrtative methods of resolving and settling disputes.
Page 1
III. LAWYER TO LAWYER
A lawyer owes to opposing counsel, in the conduct of legal uansactions and the pursuit of litigation,
courtesy, candor, cooperation, and scrupulous obsenrance of all agreements and mutual understandings.
111 feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing
counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional
conduct.
1. I will be couReous, civil, and p�ompt in oral and written communications.
2. I will not quarrel over matters of fo�m or sryle, but I will concentrate on matters
of substance.
3. I will identify fo� other counsel or parties all changes I have made in documents submitted
for review.
4. l will attempt to prepare documents which correctly reflect the ag�eement of the parties. 1
will not include provisions which have not been agreed upon or omit provisions which
are necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as
practicable, when hearings, depositions, meetings, conferences or closings are cancelled.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural
fonnalities, provided legitimate objectives of my cfient will not be adversely affected.
7. I will �ot serve motions or pleadings in any manner that unfairly limits another
party's opportunity to respo�d.
8. I will attempt to resolve by agreement my objections to matters contained in pleadings
and discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective representation
does not require antagonistic or obnoxious behavior. I will neither encourage nor
knowingly permit my client or anyone unde� my control to do anything which would be
unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or unethical conduct to opposing
counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I
will avoid disparaging personal rema�lcs or acrimony towards opposing counsel, parties
and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from
any allusion to personal peculiarities or idiosyncrasies of opposing counsel.
11. I will not take advantage, by causing any default or dismissal to be rendered, when I know
the identity of an opposing counsel, without first inquiring about that counsel's intention to
proceed.
12. I witl promptly submit orde►s to the Court. I will deliver copies to opposing counsel before
or contemporaneously with submission to the couR. I will promptly approve the form of
orders which accurately reflect the substance of the rulings of the CouR.
13. I will not attempt to gain an unfair advantage by sending the Court or its
staff correspondence or copies of conespondence.
14. I will not arbitrarily schedule a deposition, Court appearance, o� hearing until a good
faith effort has been made to schedule it by agreement.
15. I will readily stipulate to undisputed facts in order to avoid needless costs or
inconvenience for any party.
Page 2
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests. I will not resist discovery requests
which are not objectionable. I will not make objections nor give instn�ctions to a witness for
the purpose of delaying or obstructing the discovery process. I will encourage witnesses to
respond to ali deposition questions which are reasonably understanclable. I will neither
encourage nor pertnit my witness to quibble about words where thei� meaning is
reasonably dear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and
not discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my
clienYs lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diiigence, candor, punctuality, and protection against
unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the
dignity and independence of the Court and the profession.
1. I will always recognize that the position of judge is the symbol of both the judicial system
and administration of justice. I will r�efrain from conduct that degrades this symbol.
2. I will conduct myself in court in a professional manner and demonsUate my respect for the
Court and the law.
3. I will treat counsel, opposing parties, witnesses, the Court, and members of the Court
staff with courtesy and civility and will not manifest by words or conduct bias or prejudice
based on race, color, national origin, religion, disability, age, sex, or sexual orientation.
4. I will be punctual.
5. I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I wil! not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities
to gain an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy deliberate, impartial and studied analysis and
consideration.
9. I wi11 be considerate of the time constraints and pressures imposed upon the Court, CouR
staff and counsel in efforts to administer justice and resolve disputes.
Order of the Supreme Court of Texas and the Court of Criminal Appeals
The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In
fulfitling his or her primary dury to a client, a lawyer must be ever mindful of the profession's broade� duty
to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in
our State by a minoriry of lawyers of abusive tactics which have surfaced in many parts of our country. We
believe such tactics are a disservice to our citizens, harmful to clients, and demeaning to ou� profession.
The abusive tactics range from iack of civility to outright hostility and abstnactionism. Such behavior does
not serve justice but te�ds to delay and often deny justice. The lawyers who use abusive tactics, instead of
being part of the solution, have become part of the problem.
The desire for respect and confidence by lawyers from the public should provide the members of our
profession with the necessary incentive to attain the highest degree of ethical and professional conduct.
Page 3
These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding
and voluntary compliance, secondarily upon reenforcement by peer pressure and public opinion, and
finally when necessary by enforcement by the courts through their inherent powers and rules already in
existence.
These standards a�e not a set of nales that lawyers can use and abuse to incite ancillary litigation or
arguments over whether or not they have been observed.
We must aiways be mindful that the practice of law is a profession. As members of a leamed a�t we pursue
a common calling in the spirit of public service. We have a proud tradition. Throughout the history of our
nation, the members of our citizenry have looked to the ranks of our profession for leadership and
guidance. Let us now as a profession each rededicate ourselves to practice law so we can restore public
confidence in our profession, faithfully serve our clients, and fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt 'The Texas
Lawyer's Creed -- A Ma�date fo� Professionalism" described above.
!n Chambers, this 7th day of November, 1989.
The Supreme Cou�t of Texas
Thomas R. Phillips, Chief Justice
Franklin S. Spears, Justice
C. L. Ray, JusGce
Rau! A. Gonzalez, Justice
Oscar H. Mauzy, Justice
Eugene A. Cook, Justice
Jack Hightower, Justice
Nathan L. Hecht, Justice
Lloyd A. Doggett, Justice
The Court of Criminal Appeals
Michael J. McCormick, Presiding Judge
W. C. Davis, Judge
Sam Houston Clinton, Judge
Marvin O. Teague, Judge
Chuck Miller, Judge
Charies F. (Chuck) Campbell, Judge
Bitl White, Judge
M. P. Duncan, III, Judge
David A. Berchelmann, Jr., Judge
Page a
Exhibit A
Contract i 7743
ADDENDUM TO AGREEMENT WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, PC
This Addendum to the above referenced Agreement is made and entcred into by and between the City ot'
Lubbock (the "City), A Texas Municipal Corporation, and Lloyd Gossenlink Rochelle & Townsend, PC
("the 'Contracting Parry").
(1)
�2)
(3)
All funds for payment by the City under this Agreement are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non-appropriation of funds by the City
Council of the City of Lubbock for the services provided under the Agreement, the City will terminate
the Agreement, without termination charge or other liability, on the last day of the then-current fiscat
year or when the appropriation made for the then-current year for the services covered by this
Agreement is spent, �vhichever event occurs first (the "Non-Appropriation Date"). If at any time funds
are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the
Engineer on thirty (30) days prior written notice, but failwe to give such notice shall be of no effect
and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date.
The City reserves the right to exercise any right or remedy available to �t by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, th�s document, this provision shall contro{.
Contracts with Companies 6ngaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from
entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with lran, Sudan or a foreign terrorist organization.
(4) No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii} it does not boycott
Israel and will not boycott Israel during the term of the contract resulting from this solicitation.
Respondent shall state any facts that make it exempt from the boycott certification in its Response.
Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Govemment Code,
may apply to this contract and the contractor or vendor agrees that the contract can be tecminated if the
contractor or vendor knowingiy or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contract as provided by the records
retention requirements applicable to the governmental body for the duration of the contract; (2)
promptly provide to the govemmental body any contracting information related to the contract that is
in the custody or possession of the entity on request of the governmental body; and (3) on completion
of the contract, either: (A) provide at no cost to the governmental body all contracting information
related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting
(5)
ib)
information related to the contract as provided by the records retention requirements applicable to the
govemmental body.
(7)This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas, the Parties, and any other regulatory
body having jurisdiction. This Agreement shall be construed and governed according to the laws of
the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this
Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exctusively.
(8) The parties expressly acknowledge that the City's authority to indemnify and�or hold harmless any
third party is $overned by Article Xl, Section 7 of the Texas Constitution and any provision which
purports to require indemnification by the City is invalid.
(9) In the event of any conflict between either the terms and provisions of this Addendum and the
Agreemeni, this Addendum will control.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to executed this day of
2023
CITY OF LUBBOCK
Marta Alvarez, Director of Purohasing & Contract
Management
CONTRACfOR
Lloyd Gosselink Rochelle & Townsend, P.C.
Authorized Representative
APPROVED AS TO CONTENT:
Brenda Haney, Director of Solid Waste
APPROVED AS TO FORM
Ryan Br e, Sen' r A istant City Attorney
Jeft�ey S. Reed
Print Name
816 Congress Avenue, Suite 1900
Address
Austin, Texas 78701
City, State, Zip Code
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