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HomeMy WebLinkAboutResolution - 2020-R0034 - Lynn Law, P.C. - 01/28/2020 Resolution No. 2020-R0034 Item No. 6.8 January 28, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and adopts for and on behalf of the City of Lubbock, Professional Services Agreement between the City of Lubbock and Lynn Law, P.C., to provide legal services to the City of Lubbock and represent the City of Lubbock regarding the indefinite suspensions appeals filed by Christopher Hennsley. Said Professional Services Agreement is 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 January 28, 2020 DANIEL M. POPE, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: W. Ja rett Atkinson, City Manager APPROVED AS TO FORM: .l f I 1 rtsell, Deputy City Attorney vw:ecdocs/RES.PSA-Lynn Law, P.C. January 14,2020 Bettye Lynn, Attorney at Law Board Certified by Tv\a� Iloard nl' IxLnil tipvcializalion I.abor aod F111plo.N ni1•nt I.<IN vo w.lyntilawtx.com January 20,2020 Ms. Leisa Hutcheson Director of Human Resources City of Lubbock P O Box 2000 Lubbock,Texas 79457 Re: Amended Engagement of Services Christopher Heanley Appeals Dear Ms. Hutcheson: Lynn Law, PLLC. (the "Firm") is pleased and honored to have the opportunity to continue to assist and represent the City of Lubbock ("City") in the Christopher Hennsley appeals regarding two indefinite suspensions. This letter sets out the terms of our engagement and unless we agree otherwise in writing, it will apply to services provided to you by the Firm. Scope of Engagement. From our discussions with you, we understand that the scope of our engagement is to represent the Police Chief and Police Department regarding two indefinite suspension appeals filed by Christopher I-Iennsley. This will also include any issues pertaining to Mr. Hennsleys F5. In general, our services may include research and analysis of legal and factual issues, analysis of applicable law, drafting and preparation of documents, and written and oral communications with other parties with the City, preparation for and attendance at the appeal hearing and other required meetings and conferences. Staffing. The Firm will utilize the services of the Partner,Law Clerk and Paralegal in the Firm. The Firm will make work assignments in a way that maximizes legal effectiveness and time efficiency,and minimize the City's legal expenses. Our goal is to provide the City cost effective,high quality legal services. Fees. The Firm has established an hourly rate for me,the Law Clerk,and the Paralegal in the Firm. These hourly rates are based on a variety of factors, including the experience and expertise of each individual. Rate adjustments, if made in a given year, will be reflected on the City's invoice. At present, my hourly rate is $275.00. Our Law Clerk is billed at $100.00 per hour. Our Paralegal is billed at $75.00 per hour. Travel time is considered work time and is billed accordingly at the hourly rate. We reserve the right to review and adjust our billing rates on a periodic basis and will notr y you of any changes. -^ Other charges. The City is responsible for all expenses incurred on its behalf. These expenses include copying charges (currently S.20 per page for black and white and $.25 for color), postage, faxes, certain computerized research, overnight courier service,mileage,and travel costs, if any. Depending on the size of these charges, we may request that the City pay them directly. To the extent the Firm advances those expenses on your behalf,the City will reimburse the Firm on a monthly basis. 2501 Forest Vark I,I%d. Ste #3. Foil V ot•Ili. "Texas T61 10 "Telephone: 817.332.5.501 v Facsimile: 817.332.8,5 18 ro IynnC�l}nnlx.la« Page 2 January 20,2020 Technology. During the course of this engagement, both the City and firm will use electronic devices and internet services, including but not necessarily limited to e-mail to communicate and to send or make documents available. Although the use of this technology involves some risk that third parties may access confidential communications,we believe,and we understand that the City agrees that the benefits of using this technology outweigh the risk of accidental disclosure. To enhance the security of your communications,you may wish to assure that any computer or device you use in communication with us is password protected and not accessible for use by any third party. Billing Cycle. Our billing rates are based on the assumption of prompt payment. Consequently, unless other arrangements are made, fees for services and other charges will be billed monthly and are payable within thirty(30)days of receipt. Our billing cycle normally ends on the 20`x'of each month. You will not be sent a bill if no work was performed and no expenses were incurred during the billing cycle. Our bills provide a description of work performed, including the name of the attorney performing the work, the date the work was performed, the time spent, the dollar amount for each time entry,and any expenses incurred on your behalf. If you even have a question about a bill, or if you would like them in a different format, please let me know your concerns and I will make every effort to resolve them to your satisfaction. Attorney — Client relationship. The City has the right to terminate the Firm's services at any time. Similarly, the Finn may withdraw its representation if the City fails to timely pay its invoices, fails to disclose material facts, fails to timely communicate with us, or if anything else occurs that, in the Firm's judgment, impairs its ability to continue an effective attorney-client relationship. Client Files. The Firm will create and maintain a file of information and documents relating to matters for which our services have been retained. At the conclusion of a particular matter,the Firm will retain the files in our office and/or at an off-site location for a period of time determined by the Firm. Once transferred to an off-site storage facility, there will be a per request charge to retrieve them. The files may be destroyed unless the City has specifically made other arrangements in writing to preserve some or all of the files. If you have any questions about the terms of our representation as set forth in this letter,please let me know. If you agree to the terns of this letter, please sign below and return to me. Again,we are pleased to have this opportunity to be of service and to work with you and the City. Ver truly yours, Bettye Lyrui 1y1i11(cDlynntx.law f o"