CM-05-06-096Request for City Council/City Manager Action
7 City Council tip City Manager
For Administration Use ONLY
Tag*
Documents
Received
Submit completed form for all City Manager and City Council approvals.
Department Name: Administration
Contact Person: Christine Martinez/Sherri Monore
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney: Steve Sheets
Council or
City Manager
Agenda Date: 3 -Jun -05
Blue Sheet Wording
--C? t40 -t) Cr
Return to:
Return date:
CC: Lynn Olsen
t
Project Name: Preparation of Independent Contract Agreements
ContractorNendor:
Funding Source:
Amount:
Brown McCarroll, LLP
5250-100-13000
$2,500.00
Enter into an engagement letter with Brown McCarroll, LLP to prepare independent contract agreements related to contract labor for the various positions in the City.
Finance Information
Is Funding Required? Yes 1 No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
EJPurchasing/Service Agreement
QPurchase Order
Item(s) to be purchased:
Amount
2,500.00
Q Other (Please clearly identify action on lines below)
Finance Approval
❑ Finance
❑ Finance
❑ Purchasing
Budget
Date
Date
Date
Date
For Submission to City Manager Only
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*
City Manager Signature:
Date:
Date:
Date
Date:
-05
pproval is required for all items requesting City Managers approval.
Updated 3-9-05
BLUE SHEET FORMAT
DATE: June 2, 2005
SUBJECT: June 3, 2005
ITEM: Enter into an engagement letter with Brown McCarroll, LLP to
prepare independent contract agreements for various contract
labor positions within the City.
Department:
Staff Person:
Justification: Information pending discussion with City Manager, Asst.
City Manager and City Attorney.
Funding:
Cost: $2,500.00
Source of funds: 5250-100-13000
Outside Resources: Brown McCarroll, LLP
Background Information: The Parks & Recreation department will be
employing several individuals as contract labor
employees and this agreement will be used as
a basis for those types of positions in the city.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
Brown
McCarroll
L.L.P.
MARIA MORRIS STEWART
Board Certified
Labor and Employment Law
Texas Board of Legal Specialization
James R. Nuse, P.E., City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
¶):("n MAY 2
111 Congress Avenue, Suite 1400, Austin, Texas 78701-4043
512-472-5456 fax 512-479-1101
May 20, 2005
Re: Independent Contractor Agreements
Writer's Direct Line and E-mail Address
(512) 479-9774
mstewart@mailbmc.com
Thank you for selecting our law firm to prepare independent contractor agreements for
various services. It is our understanding that our engagement is limited to performance of
services related to this matter.
We believe that it is essential that we and our clients have the same understanding of the
attorney-client relationship. With this in mind, our firm has adopted our "Standard Terms of
Engagement," a copy of which is enclosed. We have begun using the enclosure together with
this engagement letter to describe the basis on which we provide legal services to you and how
we will be compensated for these services. We ask that you review the enclosed carefully and
contact us promptly if you have any questions about our relationship.
I will have primary responsibility for your representation and will utilize other attorneys
and legal assistants in our firm as I feel appropriate in my professional judgment.
The attorneys fees for our services in this regard will be in a reasonable amount not to
exceed $2,500.00. If additional services are necessary that will exceed that amount, I will advise
you in a timely manner and seek advance approval. We take into account many factors in billing
for services rendered, and I will review your statements before being sent out to determine that
the amount charged is appropriate. The principal factors in billing for our services are the time
and effort and the hourly rates of the attorneys involved.
Our schedule of hourly rates for attorneys and legal assistants is based on years of
experience, specialization and training in practice, and level of professional attainment. My
present hourly rate is $295.00 and, to the extent that other attorneys and legal assistants are
involved, their present rates vary from $180.00 to $325.00 for attorneys and $75.00 to $125.00
for legal assistants.
Effective January 2002, Brown McCarroll, L.L.P. adopted a File Retention Policy. While
we try to retain closed files for an extended period of time, we do reserve the right to destroy or
otherwise dispose of all files, without further notice to you and in a manner which preserves the
confidential and secret nature of their contents. You are to receive, along with the final bill or
Austin • Dallas • Houston • Longview • El Paso
AUS:2566207.1
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Cm -05-0(0 -09(0
James R. Nuse, P.E., City Manager
City of Round Rock
May 20, 2005
Page 2
documents concluding the case, a notice that the file will be retired and stored for a designated
retention period. I or the attorney immediately responsible for handling this case will advise you
to obtain any papers from the file not previously furnished to you. The file may thereafter,
without additional notice to you, be destroyed by the Firm following the designated retention
period in which the file is retained. Only upon my written authorization will the file be partially
destroyed, destroyed in its entirety, retained for an additional period of time, or returned to you
for safekeeping. If you or your company has a Records Retention Policy in place with which
outside counsel will need to comply, please let me know so that I may inform our Records
Department. In the event you instruct us to return your file to you at the end of the retention
period, we will use the last known address in the file to return your file (excluding the work
product subfiles); our Firm will not retain a copy.
Please review the foregoing and, if it meets with your approval, sign a copy of this letter
and return it to me in the enclosed envelope.
We are pleased that you are entrusting your work to us. While we cannot guarantee the
success of any given matter, we will do our best to provide you with prompt, high quality
service. It is important for us to know how our clients feel about the services we provide. If you
ever feel that we are not meeting this commitment or you have other questions about our
relationship, please do not hesitate to call me or our Managing Partner, Robert J. Werner. We
look forward to serving you.
The State Bar of Texas has a toll-free "800" number for information relating to the
attorney grievance process. The State Bar investigates complaints of professional misconduct by
Texas attorneys. Although not every dispute with a lawyer involves professional misconduct,
the State Bar Office of General Counsel can provide you with information about how to file a
complaint. For more information call 1-800-932-1900.
Enclosures
APPROVED AND AGREED:
By:
Yours very truly,
BROWN McCARROLL, L.L.P.
BY: /1/1 a.A.A2a... /Y1. 0,516wccj-
MARIA MORRIS STEWART
es R. Nuse, P.E.
ty Manager, City of Round Rock
Date: LP- -07
James R. Nuse, P.E., City Manager
City of Round Rock
May 20, 2005
Page 3
cc: Steve Sheets
Sheets & Crossfield, P.C.
309 East Main St.
Round Rock, TX 78664
BROWN McCARROLL, L.L.P.
STANDARD TERMS OF ENGAGEMENT
This statement sets forth the standard terms of our engagement as your attorneys. Unless
modified in writing by mutual agreement, these terms will be an integral part of our agreement
with you. Therefore, we ask that you review this statement carefully and contact us promptly if
you have any questions. We suggest that you retain this statement in your file.
The Scope of Our Work
You should have a clear understanding of the legal services we 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.
We 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.
Who Will Provide the Legal Services
Customarily, each client of the firm is served by a principal attorney contact. The
principal attorney should be someone in whom you have confidence and with whom you enjoy
working. You are free to request a change of principal attorney at any time. Subject to the
supervisory role of the principal attorney, your work or parts of it may be delegated to such other
lawyers and legal assistants in the firm as is appropriate in our professional judgment. Such
delegation may be for the purpose of involving lawyers or legal assistants with special expertise
in a given area or for the purpose of providing services on the most efficient and timely basis.
Whenever practicable, we will advise you of the names of those attorneys and legal assistants
who work on your matters.
How Fees Will Be Set
In determining the amount to be charged for legal services we will consider:
The time and effort required, the base hourly rates of the attorneys involved, the
novelty and complexity of the issues presented, and the skill required to perform
the legal services promptly;
The fees customarily charged in the community for similar services and the value
of the services to you;
The amount of money or value of property involved and the results obtained;
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Responsibility for Payment
When the client is more than one person or entity, or is a partnership, each individual
person or entity, or each partner, in the case of a partnership, is jointly and severally liable for
payment of all fees and expenses incurred, unless special arrangements are made in writing
otherwise. In the case of a corporate client, or in other circumstances where it is deemed
appropriate, the firm may, prior to undertaking or continuing an engagement, request one or
more individual guaranties. In such event, each individual providing a guaranty shall be jointly
and severally liable for the full amount of all fees and expenses incurred, unless special
arrangements are made in writing otherwise.
Retainer Deposit
Clients of the firm are commonly asked to deposit a retainer with the firm. The amount of
such a retainer will vary depending on the nature of the matter involved and the amount of fees
expected to be involved. If any statement to you remains outstanding for more than thirty days,
the retainer, or such portion thereof as is necessary, will be applied to the outstanding statement.
In such event, you will be expected to replenish the retainer deposit promptly upon request. If
the retainer deposit proves insufficient to cover estimated expenses and fees on at least a
two-month basis, it may have to be increased. After your last monthly statement the balance of
the remaining retainer deposit will be automatically applied to the amount owed to the firm and
any remaining balance will be returned to you. If the amount owed to the firm after your final
statement exceeds the remainder of your retainer deposit, you will be billed for the difference.
Deposits which are received to cover specific items will be disbursed as provided in our
agreement with you, and you will be notified from time to time of the amounts applied or
withdrawn. Any amount remaining after disbursement will be returned to you.
Termination
You may terminate our representation at any time, with or without cause, by notifying us.
Your termination of our services will not affect your responsibility for payment of legal services
rendered and other charges incurred before termination and in connection with an orderly
transition of the matter.
We are subject to the codes of professional responsibility for the jurisdictions in which
we practice, which list several types of conduct or circumstances that require or allow us to
withdraw from representing a client, including, for example: nonpayment of fees or other
charges, misrepresentation or failure to disclose material facts, action contrary to our advice, and
conflict of interest with another client. We try to identify in advance and discuss with our clients
any situation which may lead to our withdrawal. If withdrawal ever becomes necessary we will
immediately give you written notice of our withdrawal.
Billing Arrangements and Terms of Payment
We will bill you on a regular basis, normally each month, for both fees and
disbursements. You agree to make payment within 30 days of receiving our statement. We will
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SCHEDULE OF CHARGES FOR NON -LEGAL SERVICES
ITEM RATE
Computer Assisted Legal Research
(includes but not limited to):
Lexis, Nexis, Courtlink, Pacer, Westlaw
Actual cost of database service.
Express Courier:
Lone Star Overnight, FedEx, UPS Actual cost.
Finishing/Binding:
GBC/Spiral, Velo $2.50 per item.
Deposition $1.00 per item.
Hand Deliveries: Actual cost.
Telephone Expense:
Long Distance
Cellular Distance
Actual cost.
Actual cost.
Mileage: $.36 per mile.
Office Supplies:
3 -Ring Binders, Boxes or Other Supplies
Actual cost when need for same is beyond the
amount required in the normal course of
business.
Photocopies: $.15 per page.
Postage: Actual cost for large mailings, certified or
express mail.
Facsimiles: $1.00 per page for outgoing transmissions plus
long distance charges if applicable.
No charge for incoming facsimiles.
Retired Records $37.50 ASAP delivery costs (Austin office).
Trial Exhibits:
$20 large.
$10 small.
Video Equipment: $5.00 per tape.
$15.00 per hour duplicating and editing services.
5
*************** -COMM. JOURNAL- ******************* DATE JUN -03-2005 ***** TIME 14:53 *** P.01
MODE = MEMORY TRANSMISSION
FILE NO.= 002
STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION
001 OK a 94791101 007/007 00:02'08"
-CITY OF ROUND ROCK
START=JUN-03 14:51 END=JUN-03 14:53
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DATE: CP -0 5
FAX COVER SHEET
- ***** - 5122187097- *********
ATTENTION: al Iari O- NS+CULYLV'1-" f
COMPAY: fl LO Yl fl I C t ...YD I l
DEPARTMENT:
FAX 1:
TOTAL PAGES (INCLUDING COVER SHEET):
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Please call if you do not receive all the pages. City of Round Rock - Administration
Phone: (512) 218-5401 Fax: (512) 218-7097