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R-10-08-18-5A - 8/18/2010RESOLUTION NO. R -10-08-18-5A WHEREAS, the City of Round Rock desires to retain professional legal services to represent the City in a lawsuit styled Jaime Rodriguez and Round Rock Fire Fighters Association v. City of Round Rock and Larry Hodge; Cause No. D -1 -GN -09-000370, 419th Judicial District of Travis County, and WHEREAS, Alexander Dubose & Townsend LLP has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter with Alexander Dubose & Townsend LLP, 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 said engagement letter with Alexander Dubose & Townsend LLP, a copy of same 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 18th day of August, 2010. yA./!L ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\ 1005\MUNICIPAL\00200496.DOC/rmc APPELLATE COUNSEL DU BOSE TOWNSENDL_N August 17, 2010 Mr. Stephan Sheets Sheets & Crossfield, PC 309 E. Main Street Round Rock, Texas 78664-5246 Douglas W. Alexander Board Certified—Civil Appellate Law Texas Board of Legal Specialization Direct Dial 512.482.9301 dalexander@adjtlaw.com Re: No. 03 -09 -00546 -CV; The City of Round Rock, Texas, and Round Rock Fire Chief Larry Hodge v. Jaime Rodriguez and Round Rock Fire Fighters Association; In the Court of Appeals for the Third District of Texas at Austin Dear Steve: Thank you for asking Alexander Dubose & Townsend LLP ("AD&T") to represent The City of Round Rock and Round Rock Fire Chief Larry Hodge ("the City") in the above - referenced matter. This letter sets forth the terms of our representation: PURPOSE AND NATURE OF REPRESENTATION AD&T agrees to represent the City in proceedings before the Supreme Court of Texas arising out of the case styled The City of Round Rock, Texas, and Round Rock Fire Chief Larry Hodge v. Jaime Rodriguez and Round Rock Fire Fighters Association; No. 03 -09 -00546 -CV; In the Court of Appeals for the Third District of Texas at Austin ("the Appeal"). AD&T'S FEES AND PHILOSOPHY In consideration for the representation, we will charge hourly fees at a 10% discount of our regularly hourly rates. The discounted fees are as follows: • • • $495.00/hour for senior partners and senior "of counsel" attorneys; $427.50/hour for junior partners and junior "of counsel" attorneys; $112.50/hour for paralegals. 515 Congress Avenue, Suite 2350 Austin, Texas 78701-3562 TEL 512.482.9300 FAX 512.482.9303 1,A1 t 4925 Greenville Avenue, Suite 717 1844 Harvard Street Dallas, Texas 75206-4087 Houston, Texas 77008-4342 TEL 214.369.2358 FAX 214.369.2359 TEL 713.523.2358 FAX 713.522.4553 Mr. Stephan Sheets August 17, 2010 Page 2 Our fees are based on the time spent by the attorneys and the paralegal personnel who work on the Appeal. We will charge for all time spent in representing the City's interests including, by way of illustration, telephone and office conferences with you and your representatives, opposing counsel, and others; conferences among our attorneys and paralegal personnel; review of the record; legal research; responding to requests for us to provide information to the City or its auditors; drafting letters, briefs, motions and other documents; travel; preparing for oral argument and representing the City's interests in the Appeal. It is our practice to have briefs reviewed in-house by one or more other attorneys and we usually conduct in-house moot courts before oral arguments. If we do so in this case, the fees will be those outlined above. The City and AD&T agree, under the terms of Texas State Bar Rules, art. X, 9, Rule 1.04, that these fees represent fair and reasonable compensation for AD&T's services described in this agreement. RESPONSIBILITY FOR FEES AND EXPENSES In addition to AD&T's hourly fees, AD&T will bill the City for, and the City agrees to pay, reasonable and necessary expenses incurred by AD&T in its representation of the City. These expenses include, for example, but are not limited to, delivery costs, filing fees, costs of outside copy and binding projects, charges for demonstrative aids, and travel expenses. For expenses over $500, AD&T may ask the City to pay the vendor service provider directly, which the City agrees to do in a timely manner. It is our practice not to charge for certain expenses that are customarily charged by other firms. AD&T will not bill the City for in-house copying costs, long-distance telephone charges, faxes, or U.S. postage costs. Nor will AD&T bill the City for electronic research costs, including Westlaw usage. If you have any questions about the size or appropriateness of the firm's fees, we encourage you to raise them promptly. We will not be offended if you have questions about our bills. We simply want you to address such questions to us as soon as they occur to you so we can address them. You can expect us to work hard for the City, and we expect the City to pay bills promptly, within 30 days of receipt of invoices. UNPREDICTABILITY OF FEES, EXPENSES, AND OUTCOMES The City understands that the fees and expenses that AD&T will accrue in representing the City are unpredictable, as is the outcome of this matter. AD&T will use diligent efforts in representing the City in this matter; however, AD&T is unable to give and has given no Mr. Stephan Sheets August 17, 2010 Page 3 assurances as to the outcome. AD&T has already provided, and may provide in the future, opinions on estimated costs, the likelihood of success, and the strategy to be pursued. Although AD&T endeavors to be as accurate as possible, these statements are opinions based on the information available at the time; they are not guarantees, representations, warranties, or promises. AD&T IS NOT RESPONSIBLE FOR LEGAL ADVICE IN AREAS OF SPECIALTY OUTSIDE OF APPELLATE LAW Because our experience and expertise is limited to handling appellate matters, AD&T will not, and expressly disclaims any duty to, provide the City with advice regarding legal malpractice claims against other lawyers, insurance coverage, tax consequences, corporate compliance issues, bankruptcy proceedings, or any other matters not directly related to advising the City regarding the substantive issues in this litigation or handling the Appeal. The City understands that, unless otherwise agreed in writing, AD&T is not undertaking any duty to advise the City about these matters, and City should retain separate counsel to address these matters. COOPERATION The City agrees to cooperate and communicate fully with AD&T in this matter. To enable us to effectively perform the services contemplated, it is essential that you disclose fully and accurately all facts, keep us apprised of all developments relating to the Appeal, and make yourself and your representatives available to attend meetings, conferences, hearings and other proceedings. TERMINATION OF RELATIONSHIP AD&T's representation may be terminated by AD&T or the City at any time, with or without cause, by written notice. If any unpaid fees and expenses are not timely paid, AD&T specifically reserves the right to withdraw from further representation of the City, and the City agrees to take all necessary steps to facilitate AD&T's withdrawal. Any termination by AD&T must provide the City with sufficient notice to avoid any prejudice to the City in consideration of any pending court deadlines. The City's termination of AD&T's services will not affect responsibility for payment of any legal services rendered and additional charges incurred before termination and in connection with an orderly transition of the matter. In the event of termination, the City agrees to promptly pay AD&T for all fees, charges, and expenses incurred. Mr. Stephan Sheets August 17, 2010 Page 4 STANDARDS OF APPELLATE CONDUCT The Supreme Court of Texas has adopted a Lawyer's Creed, which sets forth standards for attorney professionalism. The Supreme Court of Texas has also adopted the Standards for Appellate Conduct, which set forth standards for attorney professionalism in the appellate courts ofTexas. A copy ofboth ofthese documents canbe found athttp://www.tex-app.org/standards.php. The Standards of Appellate Conduct are expressly incorporated into the terms of this agreement. In addition to AD&T's previously mentioned right to terminate its representation for any reason, AD&T specifically puts the City on notice that it will withdraw from representing the City if the City attempts to prevent AD&T from complying with these Standards; if the City fails to cooperate fully with AD&T in the handling of this matter; or if the City breaches this agreement in any way, including failure to pay AD&T's fees and costs within the time specified in this agreement. DISPUTE RESOLUTION We pride ourselves on maintaining good working relationships with our clients. If you or the City become dissatisfied with any aspect of our relationship, we encourage you to bring that to our attention immediately. It is our belief that most problems can be resolved by a frank and good faith discussion between us. DOCUMENT RETENTION We will maintain all documents you furnish us in the City's files for the Appeal. At the conclusion of the Appeal (or earlier if appropriate), it is your obligation to advise us as to which, if any, of the documents in our files you wish us to return to you. We may keep copies thereof to the extent we believe advisable for our records. We will retain any remaining documents in our files for a certain period of time and ultimately destroy them in accordance with our record retention program schedule then in effect. Under our present policy, these records will be destroyed two years after the conclusion of the Appeal. FACSIMILE AND ELECTRONIC TRANSMISSION By signing this Agreement, you represent that you have been notified that AD&T often uses facsimile transmissions and electronic mail transmissions as forms of communication. It is possible that such transmissions may be intercepted by third parties. If you do not agree to the use of such transmissions, please notify us in writing. Mr. Stephan Sheets August 17, 2010 Page 5 APPRECIATION AND ANTICIPATION We are pleased to have this opportunity to be of service to the City, and we look forward to an excellent working relationship on this and other efforts. If you have any questions regarding any of these arrangements, please feel free to call us. If the foregoing meets with your approval, please sign and date this letter in the space provided below to evidence the City's agreement to these terms of AD&T's employment and fax it to us. Sincerely, Douglas . exander APPROVED BY: Alan McGraw, Mayor The City of Round Rock Date EXECUTED DOCUMENT FOLLOWS APPELLATE COUNSEL ALEXANDER 1)U BOSE & TOWNSENDLP August 17, 2010 Mr. Stephan Sheets Sheets & Crossfield, PC 309 E. Main Street Round Rock, Texas 78664-5246 Douglas W. Alexander Board Certified --Civil Appellate Law Texas Board of Legal Specialization Direct Dial 512.482.9301 dalexander@adjtlaw.com Re: No. 03 -09 -00546 -CV; The City of Round Rock, Texas, and Round Rock Fire Chief Larry Hodge v. Jaime Rodriguez and Round Rock Fire Fighters Association; In the Court of Appeals for the Third District of Texas at Austin Dear Steve: Thank you for asking Alexander Dubose & Townsend LLP ("AD&T") to represent The City of Round Rock and Round Rock Fire Chief Larry Hodge ("the City") in the above - referenced matter. This letter sets forth the terms of our representation: PURPOSE AND NATURE OF REPRESENTATION AD&T agrees to represent the City in proceedings before the Supreme Court of Texas arising out of the case styled The City of Round Rock, Texas, and Round Rock Fire Chief Larry Hodge v. Jaime Rodriguez and Round Rock Fire Fighters Association; No. 03 -09 -00546 -CV; In the Court of Appeals for the Third District of Texas at Austin ("the Appeal"). AD&T'S FEES AND PHILOSOPHY In consideration for the representation, we will charge hourly fees at a 10% discount of our regularly hourly rates. The discounted fees are as follows: • $495.00/hour for senior partners and senior "of counsel" attorneys; $427.50/hour for junior partners and junior "of counsel" attorneys; $112.50/hour for paralegals. 51.5 Congress Avenue, Suite 2350 Austin, Texas 78701-3562 TEL 512.482.9300 FAX 512.482.9303 IO -Of, (I)- 4925 Greenville Avenue, Suite 717 Dallas, Texas 75206-4087 1844 Harvard Street Houston, Texas 77008-4342 TEL 214.369.2358 FAX 214.369.2359 TEL 713.523.2358 FAX 713.522.4553 Mr. Stephan Sheets August 17, 2010 Page 2 Our fees are based on the time spent by the attorneys and the paralegal personnel who work on the Appeal. We will charge for all time spent in representing the City's interests including, by way of illustration, telephone and office conferences with you and your representatives, opposing counsel, and others; conferences among our attorneys and paralegal personnel; review of the record; legal research; responding to requests for us to provide information to the City or its auditors; drafting letters, briefs, motions and other documents; travel; preparing for oral argument and representing the City's interests in the Appeal. It is our practice to have briefs reviewed in-house by one or more other attorneys and we usually conduct in-house moot courts before oral arguments. If we do so in this case, the fees will be those outlined above. The City and AD&T agree, under the terms of Texas State Bar Rules, art. X, 9, Rule 1.04, that these fees represent fair and reasonable compensation for AD&T's services described in this agreement. RESPONSIBILITY FOR FEES AND EXPENSES In addition to AD&T's hourly fees, AD&T will bill the City for, and the City agrees to pay, reasonable and necessary expenses incurred by AD&T in its representation of the City. These expenses include, for example, but are not limited to, delivery costs, filing fees, costs of outside copy and binding projects, charges for demonstrative aids, and travel expenses. For expenses over $500, AD&T may ask the City to pay the vendor service provider directly, which the City agrees to do in a timely manner. It is our practice not to charge for certain expenses that are customarily charged by other firms. AD&T will not bill the City for in-house copying costs, long-distance telephone charges, faxes, or U.S. postage costs. Nor will AD&T bill the City for electronic research costs, including Westlaw usage. If you have any questions about the size or appropriateness of the firm's fees, we encourage you to raise them promptly. We will not be offended if you have questions about our bills. We simply want you to address such questions to us as soon as they occur to you so we can address them. You can expect us to work hard for the City, and we expect the City to pay bills promptly, within 30 days of receipt of invoices. UNPREDICTABILITY OF FEES, EXPENSES, AND OUTCOMES The City understands that the fees and expenses that AD&T will accrue in representing the City are unpredictable, as is the outcome of this matter. AD&T will use diligent efforts in representing the City in this matter; however, AD&T is unable to give and has given no Mr. Stephan Sheets August 17, 2010 Page 3 assurances as to the outcome. AD&T has already provided, and may provide in the future, opinions on estimated costs, the likelihood of success, and the strategy to be pursued. Although AD&T endeavors to be as accurate as possible, these statements are opinions based on the information available at the time; they are not guarantees, representations, warranties, or promises. AD&T IS NOT RESPONSIBLE FOR LEGAL ADVICE IN AREAS OF SPECIALTY OUTSIDE OF APPELLATE LAW Because our experience and expertise is limited to handling appellate matters, AD&T will not, and expressly disclaims any duty to, provide the City with advice regarding legal malpractice claims against other lawyers, insurance coverage, tax consequences, corporate compliance issues, bankruptcy proceedings, or any other matters not directly related to advising the City regarding the substantive issues in this litigation or handling the Appeal. The City understands that, unless otherwise agreed in writing, AD&T is not undertaking any duty to advise the City about these matters, and City should retain separate counsel to address these matters. COOPERATION The City agrees to cooperate and communicate fully with AD&T in this matter. To enable us to effectively perform the services contemplated, it is essential that you disclose fully and accurately all facts, keep us apprised of all developments relating to the Appeal, and make yourself and your representatives available to attend meetings, conferences, hearings and other proceedings. TERMINATION OF RELATIONSHIP AD&T's representation may be terminated by AD&T or the City at any time, with or without cause, by written notice. If any unpaid fees and expenses are not timely paid, AD&T specifically reserves the right to withdraw from further representation of the City, and the City agrees to take all necessary steps to facilitate AD&T's withdrawal. Any termination by AD&T must provide the City with sufficient notice to avoid any prejudice to the City in consideration of any pending court deadlines. The City's termination of AD&T's services will not affect responsibility for payment of any legal services rendered and additional charges incurred before termination and in connection with an orderly transition of the matter. In the event of termination, the City agrees to promptly pay AD&T for all fees, charges, and expenses incurred. Mr. Stephan Sheets August 17, 2010 Page 4 STANDARDS OF APPELLATE CONDUCT The Supreme Court of Texas has adopted a Lawyer's Creed, which sets forth standards for attorney professionalism. The Supreme Court of Texas has also adopted the Standards for Appellate Conduct, which set forth standards for attorney professionalism in the appellate courts of Texas. A copy of both of these documents can be found athttp://www.tex-app.org/standards.php. The Standards of Appellate Conduct are expressly incorporated into the terms of this agreement. In addition to AD&T's previously mentioned right to terminate its representation for any reason, AD&T specifically puts the City on notice that it will withdraw from representing the City if the City attempts to prevent AD&T from complying with these Standards; if the City fails to cooperate fully with AD&T in the handling of this matter; or if the City breaches this agreement in any way, including failure to pay AD&T's fees and costs within the time specified in this agreement. DISPUTE RESOLUTION We pride ourselves on maintaining good working relationships with our clients. If you or the City become dissatisfied with any aspect of our relationship, we encourage you to bring that to our attention immediately. It is our belief that most problems can be resolved by a frank and good faith discussion between us. DOCUMENT RETENTION We will maintain all documents you furnish us in the City's files for the Appeal. At the conclusion of the Appeal (or earlier if appropriate), it is your obligation to advise us as to which, if any, of the documents in our files you wish us to return to you. We may keep copies thereof to the extent we believe advisable for our records. We will retain any remaining documents in our files for a certain period of time and ultimately destroy them in accordance with our record retention program schedule then in effect. Under our present policy, these records will be destroyed two years after the conclusion of the Appeal. FACSIMILE AND ELECTRONIC TRANSMISSION By signing this Agreement, you represent that you have been notified that AD&T often uses facsimile transmissions and electronic mail transmissions as forms of communication. It is possible that such transmissions may be intercepted by third parties. If you do not agree to the use of such transmissions, please notify us in writing. Mr. Stephan Sheets August 17, 2010 Page 5 APPRECIATION AND ANTICIPATION We are pleased to have this opportunity to be of service to the City, and we look forward to an excellent working relationship on this and other efforts. If you have any questions regarding any of these arrangements, please feel free to call us. If the foregoing meets with your approval, please sign and date this letter in the space provided below to evidence the City's agreement to these terms of AD&T's employment and fax it to us. Sincerely, Douglas . -' exander APPROVED BY: Alan McGraw, Mayor The City of Round Rock