CM-2018-1721 - 4/13/2018Law Offices of
BOOTH, AHRENS & WERKENTHIN
A Professional Corporation
Michael J. Booth
Carolyn Ahrens, Of Counsel
Fred B. Werkenthin, Jr.
Trey Nesloney
March 29, 2018
Mr. Michael Thane, Director
Utility & Environmental Services
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
Maia Corbitt
Governmental Consultant
(Not licensed to practice law)
RE: Engagement of Booth, Ahrens & Werkenthin, P.C., for Legal Services
Dear Mr. Thane,
This letter confirms our agreement that the law firm of Booth, Ahrens & Werkenthin,
P.C. ("Firm") will represent the City of Round Rock ("City"), under your direction, regarding
the legal context for evaluating reliability of certain water supplies. Additionally, we will
represent the City in any other matters requested by you, provided that we do not have a
conflict of interest. We recognize your right to terminate this agreement at any time upon
notice to the Firm and payment of all outstanding bills for legal services incurred up to the
date of notice.
Consistent with my position as of counsel to the firm, I will be the account
representative and attorney in charge of this matter. Michael J. Booth, president of the firm,
will be associated with me in this matter, and you are welcome to contact either one of us for
information or status reports should that become necessary. Both my time and Michael J.
Booth's time will be billed at the rate of $390.00 per hour. From time -to -time, the Firm may
assign other attorneys to some aspect of the case, with the view that we will use the lowest
hourly rate qualified and available attorney for any particular matter. Additionally, we use
briefing clerks or legal assistants to perform those tasks not requiring the time of an attorney.
We bill briefing clerk and legal assistant time at the rate of $60.00 to $160.00 per hour,
depending upon experience and level of education. We also charge for overtime wages to
secretaries when the overtime is necessary to satisfy the client's demands.
It is the Firm's policy to adjust fees periodically to reflect current economic conditions.
We will notify you in writing of any modifications to the fee structure; however, the billing
rates referenced here for the City will not be raised before calendar -year 2019.
Our billing practices are designed to allow strict accountability for time spent on a
client's case. Monthly statements will provide a detailed description of the activities
performed by each timekeeper, time spent and dollar cost of the particular activity. Travel
206 EAST 9T-' STREET I SUITE 1501 1 AUSTIN, TEXAS 78701
OFFICE (512) 472.3263 1 FAX (512) 473.2609 1 WWW.BAW.COM
Mr. Michael Thane
March 29, 2018
Page 2 of 3
expenses, phone costs, postage, facsimile transmissions, copies, and similar charges are
itemized on each statement. We submit out-of-pocket expenses incurred for reimbursement
with a fifteen percent (15%) overhead charge added. When possible, we ask the client to pay
statutory fees directly to avoid this overhead charge. All costs advanced by the Firm for items
such as filing fees, depositions, investigations, court costs and other expenses will be billed to
the City on the monthly statement.
We endeavor to have a statement of services rendered and expenses incurred in the
mail by the 15th of each month, and the statement is due and payable within thirty (30) days
of receipt. In the event that a municipal client's account becomes more than sixty (60) days
past due, the Firm will charge interest at the rate of twelve percent (12%) per year, or I% per
month until such past due amount is paid in full.' We reserve the right to discontinue work
and/or withdraw as the City's counsel for reason of nonpayment of our charges for legal
services.
From time -to -time, we will send you copies of correspondence, memoranda and other
documents related to the services that we perform for the City. We recommend that you keep
them in your permanent files. Our office will attempt to check for and respond to any email
correspondence from you as regularly and as promptly as possible. You understand that email
correspondence is not secure and can be intercepted by third parties. By sending an email to
the Firm, the City consents to our responding in kind, as well as to the use of email to
communicate with City representatives in the future. The City bears all risks of loss that may
occur as a result of the use of email communications, and release the Firm from any liability
arising from electronic communications.
Occasionally, we include a client's name in announcements, Firm resumes, legal
directories, and newsletters. If the City has any objections to the Firm using your name in this
manner, please let us know and we will gladly respect your wishes.
If this agreement is acceptable to the City, please sign the duplicate original herein and
return it to us for our records. We appreciate the opportunity to serve the City and look
forward to working with you.
Very truly yours,
Carolyn Afiffens, Of Counsel
Booth, Ahrens & Werkenthin, P.C.
1 If a lower interest rate should become required by law, this interest rate will be reduced.
Mr. Michael Thane
March 29, 2018
Page 3 of 3
AGREED TO AND ACCEPTED:
Iq C"_
Michael J. Boo President
Booth, Ahrens & Werkenthin, P.C.
Date: 3 , 2018
AGREED TO AND ACCEPTED:
jw)"
Ms. Laurie Hadley,, City Manager
City of RTrL;
Date: '2018
NOTICE TO CLIENTS
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 Office of General Counsel will provide you with information about how to file a complaint. For more
information, please call 1.800-932 1900. This is a toll-free call.
City of Round Rock
P o Roac Agenda Item Summary
Agenda Number:
Title: Engagement Letter wiht Booth, Ahrens and Werkenthin, PC for Legal
Services
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/13/2018
Dept Director: Michael Thane
Cost:
Indexes:
Attachments: Booth, Ahrens & Werkenthein Engagement Letter
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1721
Engagement Letter wiht Booth, Ahrens and Werkenthin, PC for Legal Services
Legal services related to the evaluation of reliability for certain water supplies.
Cost:
Source of Funds: Utility Funds
City of Round Rock Page 1 Pdnted on 5/11/2016