R-2014-1218 - 3/13/2014RESOLUTION NO. R-2014-1218
WHEREAS, the City of Round Rock desires to retain professional legal services to serve as
independent counsel and to advise the Ethics Review Commission on an as -needed basis; and
WHEREAS, Cary L. Bovey 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 Cary L. Bovey, 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 13th day of March, 2014.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
simA ii/b(bbH-
SARA L. WHITE, City Clerk
0112.1404' 00293587
EXHIBIT
All
LAW OFFICE OF CARY L. BOVEY, PLLC
2251 Double Creek Dr., Suite 204, Round Rock, Texas 78664
(512) 904-9441 Fax (512) 904-9445 cary@boveylaw.com
February 25, 2014
Hon. Mayor and City Council Members
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Re: Engagement Letter for Independent Counsel — Ethics Review Commission
Dear Mayor McGraw and City Council Members:
On behalf of the Law Office of Cary L. Bovey, PLLC, I want to thank you for the
opportunity to serve as Independent Counsel for the Ethics Review Commission of the
City of Round Rock.
The purpose of this letter and the enclosed Terms of Engagement is to memorialize our
understanding with respect to the specific nature of our attorney-client relationship.
Please review these documents carefully and contact me promptly if you have any
questions.
Identity of Client:
City of Round Rock, Texas
Nature & Scope of Representation:
While in the future we may be directed to represent you on more specific matters, our
present relationship can be described as follows:
Serve as Independent Counsel and advise the Ethics Review Commission of the City of
Round Rock on an as -needed basis.
Financial Arrangements:
The hourly rate for all attorneys at our firm who work on your account will be one
hundred and ninety-five dollars ($195.00) per hour. No retainer is necessary prior to our
firm performing legal services. Our law firm bills in increments of a tenth of an hour.
You will receive a detailed monthly accounting of services rendered by the firm.
Duration:
The terms established by this Letter of Engagement are perpetual, and shall continue until
modified by mutual consent of the Client and the firm. Acceptance of these standard
1
terms does not preclude the Client or our firm from proposing alternative arrangements at
a later date.
Acceptance of Terms:
If this arrangement is acceptable to you, please sign this letter and return it to me at your
earliest convenience. I am truly honored that you are willing to make my firm part of
your legal team. If you would like to contact me, please call (512) 904-9441, or e-mail
me at cary@boveylaw.com.
AGREED TO & ACCEPTED:
By:
Date:
Hon. Alan McGraw, Mayor
Remember to mail one signed original to Cary.
2
TERMS OF ENGAGEMENT
This document establishes the terms of our engagement as your attorneys. Unless
modified in writing by mutual consent, these terms will be an integral part of our
relationship. Therefore, we ask that you carefully review this statement and contact us if
you have any questions.
1. Scope of Work
As the client, it is imperative that you have a clear understanding of the legal services the
Law Office of Cary L. Bovey, PLLC ("Law Firm") will provide. Any questions that you
have should be dealt with promptly. We will provide services related only to matters as to
which we have been specifically engaged. The Law Firm will at all times act on your
behalf to the best of our ability. Any expressions on our part concerning the outcome of
your legal matters are expressions of our best professional judgment, but are not
guarantees. Such opinions are necessarily limited by our knowledge of the facts and are
based on the state of the law at the time they are expressed. We cannot guarantee the
success of any given matter, but we will strive to represent your interests professionally
and efficiently.
2. Fees for Legal Services
The charges for professional services provided by the Law Firm will typically be based
upon the following: (1) the time devoted to the matter; (2) the novelty and difficulty of
the questions presented; (3) the requisite experience, reputation and skill requested to
deal with those questions; (4) time limitations imposed by the circumstances; (5) and the
quality of the results obtained. Unless otherwise indicated in writing, our fees for legal
services are determined on the basis of the hourly rates of the legal staff who perform the
services. These rates may vary depending on the expertise and experience of the
individual. We will notify you in writing if this fee structure is modified. Currently, the
standard billing rate for all attorneys is one hundred ninety-five dollars ($195.00) per
hour; the billing rate for paralegals, legal assistants and law clerks is seventy-five dollars
($75.00) per hour; and the billing rate for administrative support personnel is fifty-five
dollars ($55.00) per hour (fees in U.S. Dollars).
3. Other Charges
All out-of-pocket expenses (such as long distance telephone charges, copying charges,
travel expenses, messenger expenses, etc.) incurred by the I.,aw Firm in connection with
representing you will be billed to you as a separate item on your monthly statement.
4. Billing Procedures & Terms of Payment
Our billing period begins on the 27th day of the month and ends on the 26th day of the
following month. We will render periodic statements to you for legal services and
expenses. We usually mail these periodic statements toward the beginning of the month
following the latest date covered in the statement. Each statement is payable within thirty
(30) days of its stated date and must be paid in U.S. Dollars. If any statement is not paid
within thirty (30) days after its stated date, interest at the rate of 1 percent per month (12
percent per annum) will accrue on the balance due. However, if at any time 12 percent
3
per annum exceeds the highest interest rate permitted by applicable law, then the interest
rate that will be applied to any overdue amounts will be reduced to the maximum rate
permitted under applicable law. If you have any questions or concerns about any
statement that we submit to you for payment, please contact me at your earliest
convenience so that we can resolve any problems without delay. Typically, such issues
can be resolved satisfactory with little inconvenience or formality.
5. Termination of Services
You have the right to terminate our services at any time upon providing written notice to
us. Upon receipt of written notice will immediately cease to render additional services,
as per your instructions. We reserve the right to discontinue work on pending matters or
terminate our attorney-client relationship with you at any time that payment of your
account becomes delinquent. We also reserve the right to withdraw when obligated by
the Texas Rules of Disciplinary Conduct. Additionally, in the event that you fail to
follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we
reserve the right to withdraw from representing you upon short notice, regardless of the
then status of your matter. No termination shall relieve you of the obligation to pay fees
and expenses incurred prior to such termination.
6. Retainer
No retainer shall be required for this matter.
7. Retention of Documents
Although we will attempt to retain for a reasonable time copies of most documents
generated by this Law Firm, we cannot be held responsible in any way for failure to do
so, and we hereby expressly disclaim any such responsibility or liability. You must retain
all originals and among your own files.
8. Fee Estimates
We are often requested to estimate the amount of fees and costs likely to be incurred in
connection with a particular natter. Our attorneys do their best to estimate fees and
expenses for particular matters when asked to do so. However, an estimate is just that,
and the fees and expenses required are ultimately a function of many conditions over
which we have little or no control, especially in litigation or negotiation situations where
the extent of necessary legal services may depend to a significant degree upon the tactics
of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all
estimates made by us shall be subject to your agreement and understanding that such
estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is
frequently more or less than the amount estimated.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, USA. Venue of any case or controversy arising under or pursuant to this
Engagement Letter shall be in Williamson County, Texas, USA.
4
10. Questions
If during the course of our representation you have any questions about any aspect of our
arrangements, please feel entirely free to raise those questions. The Law Firm wants all
of our clients to have a clear and satisfactory understanding about every aspect of our
billing and payment policies. Accordingly, we encourage an open and frank discussion
of any or all of the matters mentioned in this document.
5
LAW OFFICE OF CARY L. BOVEY, PLLC
2251 Double Creek Dr., Suite 204, Round Rock, Texas 78664
(512) 904-9441 Fax (512) 904-9445 cary@boveylaw.com
February 25, 2014
Hon. Mayor and City Council Members
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Re: Engagement Letter for Independent Counsel — Ethics Review Commission
Dear Mayor McGraw and City Council Members:
On behalf of the Law Office of Cary L. Bovey, PLLC, I want to thank you for the
opportunity to serve as Independent Counsel for the Ethics Review Commission of the
City of Round Rock.
The purpose of this letter and the enclosed Terms of Engagement is to memorialize our
understanding with respect to the specific nature of our attorney-client relationship.
Please review these documents carefully and contact me promptly if you have any
questions.
Identity of Client:
City of Round Rock, Texas
Nature & Scope of Representation:
While in the future we may be directed to represent you on more specific matters, our
present relationship can be described as follows:
Serve as Independent Counsel and advise the Ethics Review Commission of the City of
Round Rock on an as -needed basis.
Financial Arrangements:
The hourly rate for all attorneys at our firm who work on your account will be one
hundred and ninety-five dollars ($195.00) per hour. No retainer is necessary prior to our
firm performing legal services. Our law firm bills in increments of a tenth of an hour.
You will receive a detailed monthly accounting of services rendered by the firm.
Duration:
The terms established by this Letter of Engagement are perpetual, and shall continue until
modified by mutual consent of the Client and the firm. Acceptance of these standard
1
R-2014-1218
terms does not preclude the Client or our firm from proposing alternative arrangements at
a later date.
Acceptance of Terms:
If this arrangement is acceptable to you, please sign this letter and return it to me at your
earliest convenience. I am truly honored that you are willing to make my firm part of
your legal team. If you would like to contact me, please call (512) 904-9441, or e-mail
me at cary@boveylaw.com.
AGREED TO & ACCEPTED:
By:
Date:
Hon. Alan McGraw, Mayor
3.13 -•14 -
Remember to mail one signed original to Cary.
2
TERMS OF ENGAGEMENT
This document establishes the terms of our engagement as your attorneys. Unless
modified in writing by mutual consent, these terms will be an integral part of our
relationship. Therefore, we ask that you carefully review this statement and contact us if
you have any questions.
1. Scope of Work
As the client, it is imperative that you have a clear understanding of the legal services the
Law Office of Cary L. Bovey, PLLC ("Law Firm") will provide. Any questions that you
have should be dealt with promptly. We will provide services related only to matters as to
which we have been specifically engaged. The Law Firm will at all times act on your
behalf to the best of our ability. Any expressions on our part concerning the outcome of
your legal matters are expressions of our best professional judgment, but are not
guarantees. Such opinions are necessarily limited by our knowledge of the facts and are
based on the state of the law at the time they are expressed. We cannot guarantee the
success of any given matter, but we will strive to represent your interests professionally
and efficiently.
2. Fees for Legal Services
The charges for professional services provided by the Law Firm will typically be based
upon the following: (1) the time devoted to the matter; (2) the novelty and difficulty of
the questions presented; (3) the requisite experience, reputation and skill requested to
deal with those questions; (4) time limitations imposed by the circumstances; (5) and the
quality of the results obtained. Unless otherwise indicated in writing, our fees for legal
services are determined on the basis of the hourly rates of the legal staff who perform the
services. These rates may vary depending on the expertise and experience of the
individual. We will notify you in writing if this fee structure is modified. Currently, the
standard billing rate for all attorneys is one hundred ninety-five dollars ($195.00) per
hour; the billing rate for paralegals, legal assistants and law clerks is seventy-five dollars
($75.00) per hour; and the billing rate for administrative support personnel is fifty-five
dollars ($55.00) per hour (fees in U.S. Dollars).
3. Other Charges
All out-of-pocket expenses (such as long distance telephone charges, copying charges,
travel expenses, messenger expenses, etc.) incurred by the Law Firm in connection with
representing you will be billed to you as a separate item on your monthly statement.
4. Billing Procedures & Terms of Payment
Our billing period begins on the 27th day of the month and ends on the 26th day of the
following month. We will render periodic statements to you for legal services and
expenses. We usually mail these periodic statements toward the beginning of the month
following the latest date covered in the statement. Each statement is payable within thirty
(30) days of its stated date and must be paid in U.S. Dollars. If any statement is not paid
within thirty (30) days after its stated date, interest at the rate of 1 percent per month (12
percent per annum) will accrue on the balance due. However, if at any time 12 percent
3
per annum exceeds the highest interest rate permitted by applicable law, then the interest
rate that will be applied to any overdue amounts will be reduced to the maximum rate
permitted under applicable law. If you have any questions or concerns about any
statement that we submit to you for payment, please contact me at your earliest
convenience so that we can resolve any problems without delay. Typically, such issues
can be resolved satisfactory with little inconvenience or formality.
5. Termination of Services
You have the right to terminate our services at any time upon providing written notice to
us. Upon receipt of written notice will immediately cease to render additional services,
as per your instructions. We reserve the right to discontinue work on pending matters or
terminate our attorney-client relationship with you at any time that payment of your
account becomes delinquent. We also reserve the right to withdraw when obligated by
the Texas Rules of Disciplinary Conduct. Additionally, in the event that you fail to
follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we
reserve the right to withdraw from representing you upon short notice, regardless of the
then status of your matter. No termination shall relieve you of the obligation to pay fees
and expenses incurred prior to such termination.
6. Retainer
No retainer shall be required for this matter.
7. Retention of Documents
Although we will attempt to retain for a reasonable time copies of most documents
generated by this Law Firm, we cannot be held responsible in any way for failure to do
so, and we hereby expressly disclaim any such responsibility or liability. You must retain
all originals and among your own files.
8. Fee Estimates
We are often requested to estimate the amount of fees and costs likely to be incurred in
connection with a particular matter. Our attorneys do their best to estimate fees and
expenses for particular matters when asked to do so. However, an estimate is just that,
and the fees and expenses required are ultimately a function of many conditions over
which we have little or no control, especially in litigation or negotiation situations where
the extent of necessary legal services may depend to a significant degree upon the tactics
of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all
estimates made by us shall be subject to your agreement and understanding that such
estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is
frequently more or less than the amount estimated.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas, USA. Venue of any case or controversy arising under or pursuant to this
Engagement Letter shall be in Williamson County, Texas, USA.
4
10. Questions
If during the course of our representation you have any questions about any aspect of our
arrangements, please feel entirely free to raise those questions. The Law Firm wants all
of our clients to have a clear and satisfactory understanding about every aspect of our
billing and payment policies. Accordingly, we encourage an open and frank discussion
of any or all of the matters mentioned in this document.
5
CARY L. BOVEY, ATTORNEY AT LAW
Law Office of Cary L. Bovey, PLLC
2251 Double Creek Drive, Suite 204
Round Rock, Texas 78664
(512) 904-9441
Fax (512) 904-9445
cary(Ooveylaw.com
www.boveylaw.com
Professional Experience:
Law Office of Cary L. Bovey, PLLC, Round Rock, Texas — Owner, May 2009 — present.
Engage in the practice of municipal law, with an emphasis on representing home -rule and general
law municipal corporations, economic development corporations, and other entities. Involved in all
aspects of municipal legal issues, including issues related to annexation, zoning and land use,
employment matters, municipal court prosecution, economic development, construction projects, and
various other matters. Represent several cities throughout the State of Texas as the City Attorney.
Bovey & Bojorquez, L.L.P., Austin, Texas — Partner, January 2007 — May 2009. Engaged in
the practice of municipal law, with an emphasis on representing municipal corporations, economic
development corporations, and other entities. Involved in all aspects of municipal legal issues,
including issues related to annexation, zoning and land use, employment matters, conflicts of
interest, economic development, construction projects, and various other matters.
Bovey, Akers & Bojorquez, L.L.P., Austin, Texas — Partner, October 2002 — December 2006.
Engaged in the practice of municipal law, with an emphasis on representing municipal corporations,
economic development corporations, and other entities. Involved in all aspects of municipal legal
issues, including issues related to annexation, zoning and land use, employment matters, conflicts of
interest, economic development, construction projects, and various other matters.
Law Offices of Cary L. Bovey, Round Rock, Texas — Owner, October 2000 — October 2002.
Engaged in the practice of municipal law, representing several Texas cities as the City Attorney.
Also represented a variety of businesses and individuals in matters such as land development, real
estate, business formation, and other matters.
Sheets & Crossfield, P.C., Round Rock, Texas — Associate and Shareholder, 1994 - 2000.
Practice concentrated in the area of municipal law. Served as the City Attorney for several Texas
municipalities. Represented and advised municipal clients in various matters such as zoning and land
use, personnel issues, contract negotiations, ordinance preparation and enforcement, economic
development, annexation, and various legal issues related to the general operation of Texas
municipalities.
Texas Municipal League, Austin, Texas - Assistant General Counsel, 1990 - 1994.
Responsible for advising Texas city officials and staff regarding the laws that affect municipalities.
t
Lead attorney for TML's Legal Defense Program. Drafted proposed legislation and amendments to
address municipal concerns. Testified before state legislative committees. Frequent speaker
regarding municipal legal issues. Frequent author of legal articles for TML publications.
Education:
Doctor of Jurisprudence, University of Texas School of Law, 1990
Bachelor of Arts, Political Science, Texas A&M University, 1987
Professional Licenses and Certifications:
Attorney at Law, Texas, 1990
Texas City Attorneys Association — Merit Certification in Municipal Law, 2009
Admission to Courts:
Supreme Court of Texas and all other State Courts
United States Court of Appeals, Fifth Circuit
Professional Affiliations and Activities:
State Bar of Texas
Texas City Attorneys Association
International Municipal Lawyers Association
Presentations Concerning Municipal Legal Issues:
Texas City Management Association, TCMA Region 7 Meeting, Topic: Legal Issues Facing
Texas Cities, 2009
Eighth Annual Election Law Seminar for Cities, School Districts, and Other Political
Subdivisions, Office of the Secretary of State, Topic: Conflicts in Candidacy: Dual Office Holding
and Incompatibility, 1996
1995
Texas City Attorneys Association, Topic: Ethics and the City Attorney, 1995
Capital Chapter of Municipal Clerks/Secretaries, Topic: Americans With Disabilities Act,
Texas City Attorneys Association, Topic: The Brady Law, 1994
Seminar co-sponsored by the State and Local Government Relations Section, Federal
Litigation Section, and Dallas Chapter of the Federal Bar Association; Lyndon B. Johnson School of
Public Affairs; Texas Chapter of the American Planning Association; Urban, State and Local
Government Section of the American Bar Association; Topic: The Brady Bill and its Impact on
Local Governments, 1994
Texas Municipal League, Small Cities Problem Solving Clinic, Decatur, Texas, Topic:
Various Municipal Legal Issues, 1994
2
Texas Municipal League, Small Cities Problem Solving Clinic, University Hills, Texas,
Topic: Various Municipal Legal Issues, 1994
North Central Texas Council of Governments, Topic: Update on Purchasing Laws, 1993
Capital Chapter of Municipal Clerks/Secretaries, Topic: Legislative Briefing, 1993
Texas Municipal League, Public Policy Briefing, Tax, Finance and Administration, Topic:
Elections and Open Government, 1993
Texas Municipal League, Public Policy Briefing, Legislative Potpourri, Topic: Community
Development, 1993
Henry G. Cisneros Municipal Leadership Symposium, Topic: Municipal Law - Home Rule
Cities, 1993
Fifth Annual Financial/Purchasing Workshop, Texas Foundation for the Improvement of
Local Government, Government Finance Officers Association of Texas, Texas Purchasing
Management Association, Topic: The Legal Implications of Bidding by Fax, 1992
Workshop: Roles and Responsibilities of City Council, City Staff, and City Boards and
Commissions, Texas Department of Housing and Community Affairs, Topic: Legal Trouble Spots,
1992
Texas City Attorneys Association, Topic: Who, What, When & Where: Conflicts of Interest,
Dual Office Holding, Incompatibility, etc., 1991
Texas Municipal League, Public Policy Briefing, Tax and Finance, Topic: Financing,
Purchasing, and Investing, 1991
Community and Civic Activities:
Elder Board, Hill Country Bible Church Pflugerville — 2011 to present (Chairman — 2012
to 2013).
City of Round Rock Home Rule Charter Review Commission - 2004
Local Law Enforcement Block Grant Advisory Board, Round Rock, Texas, 1997 — 2001.
Round Rock Teen Court — Attorney Mentor and Trainer of Teen Attorneys, 1995 — 1999.
3