CM-2019-0014 - 1/11/2019LAW OFFICE OF CARY L. BOVEY, PLLC
2251 Double Creek Dr., Suite 204, Round Rack, Texas 78664
(512) 904-9441 Fax (512) 904-9445 luke@boveylaw.com
January 10, 2019
Laurie Hadley, City Manager
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Re: Engagement Letter for Legal Counsel — Amendment of City of Round Rock's
Noise Ordinance
Dear City Manager Hadley:
On behalf of the Law Office of Cary L. Bovey, PLLC, I want to thank you for the
opportunity to serve as legal counsel for the City of Round Rock.
The purpose of this Ietter 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 legal counsel for the City of Round Rock on all matters concerning the
amendment of the City of Round Rock's noise ordinance.
Financial Arrangements:
The hourly rate for all attorneys at our firm who work on this matter 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. The total
amount of billings pursuant to this Engagement Letter shall not exceed fifty thousand and
no/100 dollars ($50,000.00) without prior approval of the City Council of the City of
Round Rock.
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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
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 our firm part of
your legal team. If you would Iike to contact me, please call (512) 904-944I, or e-mail
me at luke,;��boveylaw.com.
Sincerely,
s' Luke A. Cochran
Luke A. Cochran
AGREED TO & ACCEPTED:
By:CG
Laurie Hadley, City Manao
City of Round Rock, Texas
Date:/— /'r /I
Please maiUemail one signed agreement to Luke.
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 Finn 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, Iegal 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
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 Iittle 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 Iaws 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.
0
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.
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City of Round Rock
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•RQUNQROCK
a� TEXAS Agenda Item Summary
Agenda Number:
Title: Engagement Letter with Law Office of Cary L. Bovey, LLC
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/11/2019
Dept Director: Laurie Hadley
cost: $50,000.00
Indexes:
Attachments: Bovey's Office—Noise ordinance
Department: City Manager's Office
Text of Legislative File CM -2019-0014
Serve as legal counsel for all matters concerning the amendment of City of Round Rock's noise
ordinance.
(Approved out of process)
Cost. $50,000 (not to exceed)
Source of Funds: City Manager Contingency
Clfy of Round Rock Page 1 Printed on 1/11/2019