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HomeMy WebLinkAboutResolution - 2009-R0371 - Letter Of Engagement - Zachary S Brady PC- Professional Services For LAH Project - 09/10/2009Resolution No. 2009-RO371 September 10, 2009 Item No. 5.4 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, a letter of engagement with Zachary S. Brady, P.C. of Lubbock, Texas for professional services for the Lake Alan Henry water line project, and related documents. Said letter of engagement 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 this 10th day of September '2009. ' I-If� TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CC'-NTENT: /Xv dt'�� Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/RES.Legal Engagement Ltr-Zachary S. Brady, P.C. August 25, 2009 ZAcHARY S. BRADY, P.C. 3409 191 Street Lubbock, Texas 79410 (806) 771-I8SO (806) 77I-3750 fax zach@zsbrady.com August 1.4, 2009 Via First Class Maid Ms. Lee Ann Dumbauld City Manager, CrtY OF LUBBOCK P.O. Box 2000 Lubbock, Texas 79401 Dear Ms. Dumbauld: Contract: 9169 Resolution No. 2009-RO371 GENERAL We are honored that you have asked us to represent the City of Lubbock (the "City") in connection with the Lake Alan Henry water line project, and are pleased to do so. It is our Firm's practice at the beginning of an engagement to send this letter confirming the identity of the client we are to represent and the nature of our representation. In addition, we use this letter to summarize our billing and payment arrangements, including any special arrangements we may have with the client, and to deliver any notices we think may be necessary or appropriate in connection with the engagement. We ask that you acknowledge the terms of our engagement set forth below by signing and returning a copy of this letter to me. FEES Our fees are determined principally on the basis of our time at hourly rates. Our hourly rates vary with the experience and seniority of our attorneys and legal assistants and are adjusted by us from time to time. Our hourly rates currently range from $150.00 for the time of junior associates to $350.00 for my time on select engagements and $50.00 to $140.00 for our legal assistants and similar professionals. I will be the lead lawyer involved in representing the City. My current hourly rate for this representation is $285.00, my associate attorneys will bill at an hourly rate of $175.00 to $225.00, and law clerks and legal assistants will bill at an hourly rate of $75.00 to $125.00. We agree that any estimates of fees and expenses are merely approximations and are based on many matters not within our control. Such estimates are not binding and our fees and expenses will be as reflected in our statements. EXPENSES Expenses related to our services will be included in our statements. They may include third -party disbursements, such as travel expenses, messenger charges and filing and recording fees, and other costs, such as certain overtime assistance and special postage. It is our intent to bill such expenses to you at our cost. Certain other expenses, such as photocopying, computerized research, and long distance tolls, will be billed in accordance with our standard schedule of charges for same. To the extent there may be large thud -party disbursements, such as expert fees and expenses, mediation and arbitration fees, deposition costs, and substantial August 14, 2009 Page 2 of 3 travel expenses, at our option, we may ask that you be responsible for paying them directly, rather than through us. STATEMENTS Our statements are rendered monthly and are due upon receipt. If there is any question concerning a bill, we ask that it be raised within thirty days. A statement that is not paid within thirty days of receipt will be considered overdue and may be subject to a Iate charge assessed at a maximum rate of 1-1/4% of the unpaid balance per month, but in no event at a rate exceeding the amount allowed by law. In the event that our statements are not timely paid, we reserve the right to suspend our services until satisfactory payment arrangements are made, or if necessary, to terminate such services. CLIENT In this engagement, our representation is solely of the City. Unless specifically agreed to by us in a letter like this one, we will not be representing other entities, including any subsidiaries, affiliates, employees, citizens, boards or others, related to the City. Further, this engagement will be limited to representing the City in cases relating to the raw water line from Lake Alan Henry to the planned water treatment facility and the related treated water line, as well as any related improvements (collectively, the "Project"). This firm does not represent the City on matters outside the Project unless expressly agreed to in another letter such as this one. The City is free to terminate this engagement at any time, as are we. If the engagement is terminated, the City will remain responsible for the payment of fees and expenses incurred until termination, and if court approval is required, both of us will cooperate seeking it. GOVERNING LAW This engagement will be governed by Texas law. In addition, there may be times when we hold or transfer money on your behalf. In those situations, our relationship will also be subject to a variety of Texas and U.S. government requirements, including reporting requirements. We will do our best to provide you with the legal services reasonably necessary to achieve a result satisfactory to you. However, the outcome of all transactions or lawsuits is subject to uncertainties and risks, and we make no promises or guarantees to you concerning the outcome of the matters. Once again, we are very pleased to have the opportunity to represent the City. Please confirm acceptance of the terms of our engagement by signing the enclosed copy of this letter in the space provided below and returning it to me. If you have any questions concerning this letter, please do not hesitate to call. Best personal regards, ZJayy August 14, 2009 Page 3 of 3 September Agreed to and accepted this 10th day ofAmg-ust, 2009. �i LK An� By: L n Dumbauld Its: City Manager THE STATE BAR OF TEXAS INVESTIGATES AND PROSECUTES PROFESSIONAL MISCONDUCT COMMITTED BY TEXAS ATTORNEYS. ALTHOUGH NOT EVERY COMPLAINT AGAINST OR DISPUTE WITH A LAWYER INVOLVES PROFESSIONAL MISCONDUCT, THE STATE BAR'S OFFICE OF GENERAL COUNSEL WILL PROVIDE YOU WITH INFORMATION ABOUT HOW TO FILE A COMPLAINT. PLEASE CALL 1- 800-932-1900 TOLL-FREE FOR MORE INFORMATION. CITY OF LUBBOCK, TEXAS Tom Martin, Mayor ATTEST: Reb ca sarza, City Secretary Assistant City Attorney