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R-09-08-27-9B1 - 8/27/2009RESOLUTION NO. R -09-08-27-9B1 WHEREAS, the City of Round Rock desires to retain professional legal services for consultation and advice regarding employment issues, and WHEREAS, Lynn Pham & Ross, LLP has submitted an engagement letter to provide said services, and WHEREAS, the City Council wishes to enter into said engagement letter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with Lynn Pham & Ross, LLP, a copy of said engagement letter being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of August, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\0905\MUN:ICIPP.L\R90827B1.DOC/rmc LYNN PHAM & Ross, LLP August I0, 2009 ATTORNEY CLIENT COMMUNICATION/ PRIVILEGED AND CONFIDENTIAL Via e-mail to tbledsoe0round-rock.tx.us Mr. Alan McGraw Mayor City of Round Rock, Texas 221 E. Main St. Round Rock, Texas 78664 •Re: Engagement Letter Dear Mr. McGraw: We are honored that the City of Round Rock has decided to continue to retain Lynn Pham & Ross, LLP (LP&R) for consultation and advice regarding the following issues: Chapter 143 municipal icipal civil service, Meet and Confer, and specialized employment counseling as requested. The purpose of this letter is to set forth the terms of the City's engagement of the firm. 1) Our representation will be on an hourly fee basis, billed in increments, with the smallest increment beginning at two-tenths of an hour. The City will be responsible for all expenses which are incurred during our representation of the City in this matter. These expenses will include copying charges ($.20 per copy), postage, long distance charges, faxes, computerized research, overnight courier service and travel costs. The firm's current billing rates are as follows: Bettye Lynn $225.00/per hour Other Attorneys $150.00 - $215.00/per hour We will notify you in advance if our rates are increased in the future. 2) Normally, our billing cycle ends on the 20th of the month. We will send you a bill shortly thereafter, unless no work was performed and no expenses were incurred during the billing cycle. The invoices for computerized legal research are billed the following month. Our bills will provide in detail a description of all work performed, and all expenses incurred by the firm in this matter. If you have any questions about a bill, or if you would like them in a different format, please contact me and let me know your concerns and we will make every effort to resolve them to your satisfaction. 306 WEST BROADWAY AVENUE * FORT WORM, TEXAS 76104 PHONE 817.332.8505 FAx 817.332.8548 1 EXHIBIT "An Mr. Alan McGraw August 10, 2009 Page 2 If you have any questions about the terms of our representation as set forth in this letter, please contact me immediately. The firm greatly appreciates your confidence, and I look forward to working with you on these matters. Sri erely, Bettye Lynn lynn@laborcounsel.net Writer's Direct Dial (817) 332-8504 ACCEPTED: City of Round Rock Alan McGraw Mayor Date DATE: August 19, 2009 SUBJECT: City Council Meeting—August 27, 2009 ITEM: 9B1. Consider a resolution authorizing the Mayor to execute an Engagement Letter with Lynn Pham & Ross, LLP for consultation and advice regarding employment issues. Department: Staff Person: Justification: Human Resources Teresa Bledsoe, Director of Human Resources Consultation regarding the issues related to Chapter 143 Municipal Civil Service, Meet and Confer, and specialized employment counseling as requested. Lynn Pham & Ross, LLP is a recognized leader in providing these services to Texas cities. Funding: Cost: Hourly payment as services are performed, 2009 estimate of $10,000 and 2010 estimate of $100,000.00 Source of funds: 5250-100-13000 Outside Resources: N/A Background Information: The City had utilized the services of Lynn Pham & Ross since 2001. Due to various complex employment and civil services legal matters services will exceed the City Manager signature level. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS LYNN PHAM & Ross, LLP August 10, 2009 ATTORNEY CLIENT COMMUNICATION/ PRIVILEGED AND CONFIDENTIAL Via e-mail to tbledsoe(4round-rock.tx.us Mr. Alan McGraw Mayor City of Round Rock, Texas 221 E. Main St. Round Rock, Texas 78664 Re: Engagement Letter Dear Mr. McGraw: We are honored that the City of Round Rock has decided to continue to retain Lynn Pham & Ross, LLP (LP&R) for consultation and advice regarding the following issues: Chapter 143 municipal civil service, Meet and Confer, and specialized employment counseling as requested. The ptupose of this letter is to set forth the terms of the City's engagement of the firm. 1) Our representation will be on an hourly fee basis, billed in increments, with the smallest increment beginning at two-tenths of an hour. The City will be responsible for all expenses which are incurred during our representation of the City in this matter. These expenses will include copying charges ($.20 per copy), postage, long distance charges, faxes, computerized research, overnight courier service and travel costs. The firm's current billing rates are as follows: Bettye Lynn Other Attorneys $225.00/per hour $150.00 - $215.00/per hour We will notify you in advance if our rates are increased in the future. 2) Normally, our billing cycle ends on the 20t11 of the month. We will send you a bill shortly thereafter, unless no work was performed and no expenses were incurred during the billing cycle. The invoices for computerized legal research are billed the following month. Our bilis will provide in detail a description of all work performed, and all expenses incurred by the firm in this matter. If you have any questions about a bill, or if you would like them in a different format, please contact me and let me know your concerns and we will make every effort to resolve them to your satisfaction. 306 WEs r BROADWAY AVENUE * FORT WORTH, TEXAS 76104 PHONE 817.332.8505 FAx 817.332.8548 Mr. Alan McGraw August 10, 2009 Page 2 If you have any questions about the terms of our representation as set forth in this letter, please contact me immediately. The finn greatly appreciates your confidence, and I look forward to working with you on these matters. erely, Bettye Lynn lynn©laborcounsel.net Writer's Direct Dial (817) 332-8504 ACCEPTED: City of Round Rock Alan McGraw Mayor Date