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R-87-1014 - 6/25/1987 RESOLUTION NO. WHEREAS, the City Council has determined that it is in the best interest of the City of Round Rock to retain Mauro, Wendler, Sheets, Blume and Gutow to represent the City of Round Rock in certain matters, and WHEREAS, Mauro, Wendler, Sheets, Blume and Gutow have submitted a contract for said service, and WHEREAS, the Council desires to enter into said contract with Mauro, Wendler, Sheets, Blume and Gutow, 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 a contract for professional services with Mauro, Wendler, Sheets, Blume and Gutow, a copy of said contract being attached herein for all purposes. RESOLVED this ` — day of 1987. ha la. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: J NE LAND, ity Secretary C" l `b< ` 6MAaa,.t lutt a f DATE: June 23, 1987 SUBJECT: Council Agenda, June 25, 1987 ITEM: 9B - Consider a resolution authorizing the Mayor to enter into an agreement with Mauro, Wendler, Sheets, Blume and Gutow. Mauro, Wendler, Sheets, Blume and Gutow are being retained to represent the City of Round Rock in various legal matters listed in the attached contract. LEGAL REPRESENTATION AGREEMENT THIS AGREEMENT is entered into as of this day of , 1987, in Round Rock, Texas, by and between the City of Round Rock of 214 East Main, Round Rock, Texas (hereinafter referred to as "Client") and Mauro, Wendler, Sheets, Blume & Gutow of 309 East Main, Round Rock, Texas. I. SCOPE OF ENGAGEMENT A. Matter Involved The Client has engaged the Counsel to undertake the legal representation of the Client in the following described matters, (hereinafter referred to as the "Matter") : 1. Controversy regarding an alleged breach of a lease between the City and Wallace Luerson 2. Cause No. 86-539-C, 277th District Court of Williamson County; David L. Dorsett and Bill Nations vs. City of Round Rock 3. Cause No. 86-382-C, 26th District Court of Williamson County; Round Rock County Road 170, LTD. vs. City of Round Rock 4. Cause No. 85-462-C, 26th District Court of Williamson County; Hollis and Helen Scruggs vs. City of Round Rock S. Cause No. 86-175-C, 277th District Court of Williamson County; James Hurley vs. City of Round Rock 6. Cause No. 87-256-C, 26th District Court of Williamson County, Sabine Consolidated vs. City of Round Rock 7. Other matters of a general nature on which legal services may be requested from time to time by the City Council, City Manager, or City Attorney. B. Counsel Functions By the terms of this Agreement, the Counsel will perform all necessary legal services to defend the City against all claims. C. Client Functions The Client agrees to perform the following functions: 1. To pay the Counsel for the performance of such legal services, and to pay for all expenses incurred in connection therewith, as specified in Section II below. 2. To cooperate fully with the Counsel and to provide all information known by or available to the Client which may aid the Counsel in representing the Client in this Matter. D. Authorization and Decision-Making The Client authorizes and directs the Counsel to take all actions which the Counsel deems advisable on the Client's behalf in this Matter, except that the decision to enter into a settlement agreement must be made by the Client. The Counsel agrees to notify the Client promptly of all significant developments and to consult with the Client in advance as to any significant decisions attendant to those developments. II. LEGAL FEES AND EXPENSES A. Method of Determining Fees The Client and the Counsel agree that the following method is to be used for determining the proper amount of legal fees: C12LEGALAGR The time expended by the Counsel to perform the legal services for the Client in this Matter will be the primary basis for determining the total legal fees to be paid to Counsel. The rate of $85.00 per hour will apply except for in-court time which will be billed at the rate of $100.00 per hour. These rates are subject to change from time to time, and the Counsel agrees to promptly notify the Client of such changes. B. Other Fees. Charges, and Expenses 1. The Client authorizes the Counsel to retain and agrees to pay the fees or charges of every other person or entity hired by Counsel to perform necessary services related to the Matter. Such other persons and entities may include, but are not limited to, court reporters, appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, trust officers, stock brokers, title examiners, surveyors, and other attorneys hired for ancillary matters in other localities; provided, however, that the Counsel agrees to obtain the Client's prior approval before incurring other fees or charges in excess of $500.00. The Client authorizes the Counsel, in its discretion, to direct such other persons and companies to render statements for services rendered and expenses advanced either directly to the Client or to the Counsel, in which latter event the Client agrees to promptly reimburse the Counsel for the full amount of such statements. 2. The Client acknowledges that the Counsel may incur various expenses in providing services to the Client. The Client agrees to reimburse the Counsel for all out-of-pocket expenses paid by the Counsel, or, if the Client is billed directly for these expenses, to make prompt, direct payments to the originators of the bills. such expenses include, but are not limited to, charges for serving and filing papers, courier or messenger services, recording and certifying documents, depositions, transcripts, investigations, witnesses, long-distance telephone calls, title insurance premiums, copying materials, overtime clerical assistance, travel expenses, postage, and notarial attestations. C. Schedule of Billing and Payments The Client and the Counsel agree to the following schedule of billing and payments for fees and expenses: A. FEES 1. Periodic Billing The Counsel's fees, determined by the method described in this Agreement, shall be billed to the Client monthly at the above address. B. OTHER FEES, CHARGES, AND EXPENSES 1. Periodic Billing Other fees, charges, and expenses paid by the Counsel for the Client in this Matter will be billed monthly to the Client together with the billings for fees. C. PAYMENT IN FULL The Client agrees to pay in full the amount of each bill within ten (10) days of the billing date. 2. D. Information Provided in Statements The Counsel agrees to include in the statements sent to the Client a detailed identification of the services of the Counsel for which the Client is being charged and a specific identification of all other fees, charges, and expenses for which the Counsel seeks reimbursement. III. GENERAL MATTERS A. Information to be Made Available to the Client The Counsel agrees to assert a diligent effort to assure that the Client is informed at all times as to the status of the Matter and as to the courses of action which are being followed, or are being recommended, by the Counsel. The Counsel agrees to make reasonably available to the Client for reading in the Counsel's office all written materials sent or received by the Counsel pertaining to the Matter. Copies of all such materials will be provided at the Client's request and at the Client's expense. all of the Counsel's work product will be owned by the Counsel. B. Conflicting Engagement The Counsel agrees not to accept, without prior approval from the Client, any engagement known by the Counsel to be in direct conflict with the interests of the Client in this Matter. If, in the course of representing multiple clients, the Counsel determines in its sole discretion that a conflict of interest exists, the Counsel will notify all affected clients of such conflict and may withdraw from representing any one or more of the multiple clients to the extent such a withdrawal would be permitted or required by applicable provisions of the Code of Professional Ethics. C. Termination of Representation The relationship established by this Agreement is subject to termination only as follows: 1. The Counsel reserves the right to withdraw from this Matter if the Client fails to honor this Agreement or for any just reason as permitted or required under the Texas Code of Professional Responsibility or as permitted by the rules of courts of the State of Texas. Notification of withdrawal shall be made in writing to the Client. In the event of such withdrawal, the Client agrees to promptly pay the Counsel for all services rendered by the Counsel and all other fees, charges, and expenses incurred pursuant to Section II.B. of this Agreement prior to the date of such withdrawal. 2. The Client reserves the right to terminate the representation for cause if the Counsel fails to honor this Agreement. Notification of the termination shall be made in writing to the Counsel. In the event of any such termination by the Client, the Counsel waives any further rights to compensation relative to the representation; provided, however, that the Client shall promptly reimburse the Counsel for all other fees, charges, and expenses incurred pursuant to Section II.B. of this Agreement prior to the date of such termination. 3. The Client further reserves the right to terminate the representation without cause, and shall notify the Counsel in writing of any such termination. In the event of any such termination, the Client agrees to promptly pay the Counsel for all services rendered by the Counsel and all other fees, charges, and expenses incurred pursuant to Section II.B. of this Agreement prior to the date of such termination. 4. Counsel acknowledges that the relationship between the Client and the Counsel relative to this Matter is principally predicated upon the personal involvement of Stephan L. Sheets, on behalf of the Counsel. In the event 3. of the death, disability or temporary or permanent disassociation of Stephan L. Sheets, the Client shall have the right to direct that the representation be transferred to such successor counsel as shall be selected by the Client by written notice thereof to the Counsel. 5. Upon termination of this representation for any reason, by either the Client or the Counsel, the Counsel agrees to cooperate with any successor counsel to accommodate a smooth transition of the representation. D. Effort and Outcome The Counsel agrees to use best efforts in representing the Client in this Matter; however, the Client acknowledges that the Counsel has given no assurances regarding the outcome of this Matter. E. Commencement of Representation Representation of the Client by the Counsel in this Matter will not commence until the Counsel receives a copy of this Agreement signed by the Client and any retainer payable at the outset of this representation is in fact paid by the Client. F. Original Documents The Counsel agrees to deliver to the Client at least one executed original counterpart of all original documents executed during the course of the Counsel's engagement relative to this Matter, and to retain in the Counsel's files at least one executed counterpart thereof, or a facsimile copy thereof. G. Complete Integration, Binding Upon All Parties This Agreement contains the entire agreement between the Client and the Counsel regarding this Matter and the fees, charges, and expenses to be paid relative thereto. This Agreement shall not be modified except by written agreement signed by the Client and the Counsel. this Agreement shall be binding upon the Client and the Counsel and their respective heirs, executors, legal representatives, and successors. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. MAURO, WENDLER, SHEETS, BLUME & GUTOW By: Stephan L. 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