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CM-13-06-094ROUND ROCK TEXAS PVYP0if_ 11.10& p.o Pf2RY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing Supplement to Engagement agreement with Bourland Law Firm regarding representation in Cause No. 12-0774-C368, City of Round Rock, Texas v. Union Pacific Railroad Company. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/21/2013 Dept Director: Steve Norwood, City Manager Cost: Indexes: General Fund Attachments: LAF - Supplement to Engagement Agmt w-Bourland (00277044).pdf, Supplement_to_Engagement_Agreement_Bourland df Law Firm re UPRR _Law_Firm_061713.p Text of Legislative File CM -13-06-094 City of Round Rock Page 1 Printed on 6/20/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Administration Project Mgr/Resource: Steve Norwood Ej Council Action: r -- ORDINANCE Agenda Wording Project Name: Union Pacific Railroad Company ContractorNendor: Bourland Law Firm n RESOLUTION City Manager Approval CMA Wording Consider executing Supptement to Engagement Agreement with Bourland Law Firm regarding representation in Cause No. 12- 0774-C368, City of Round Rock, Texas v. Union Pacific Railroad Company. Attorney Approval Attorney Notes/Comments Date O:1wdox\SCCInts10127112051MISC100277044.XLS Updated 6/3/08 BOURLAIC4?JAW FIRM Y9r/4.1.16?vbal gal7zo-Pal May 29, 2013 VIA HAND DELIVERY Steve Norwood, City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Re: Supplement to Engagement Agreement: City of Round Rock v. Union Pacific Railroad Company Dear Mr. Norwood: 1 CHISHOLM TRAIL, SUITE 150 ROUND ROCK, TEXAS 78681 TEL 512.477.0100 FAX 512.477.0154 WWW.BOURLANDLAW.COM Please allow this letter to serve as a supplement to the engagement agreement between the City of Round Rock (the "Client") and our firm for representation in Cause No. 12- 0774-C368, City of Round Rock, Texas v. Union Pacific Railroad Company, in the 368th District Court, Williamson County, Texas. The attorneys' fees associated with our representation were originally capped at $50,000.00. Due to the scope and complexity of the case, and the actions of Union Pacific and its counsel, an additional request for fees has become necessary. Accordingly, we request your agreement to and authorization for an additional $50,000.00 in attorneys' fees for this matter. All other terms of our engagement agreement will remain the same. Please indicate your agreement to same by signing in the space provided below and returning the original to our firm. Please place a signed copy of this supplement with your copy of the original engagement agreement It is an honor to be able to represent the City of Round Rock, and I appreciate the opportunity to work with you on this case. Please do not hesitate to contact me if you need additional information at this time. COB/ae Sincerely, BOURLAND LAW FIRM, P.C. By: [SIGNATURE BLOCK ON NEXT PAGE] Supplement to Engagement Agreement May 29, 2013 Page 2 of 2 AGREED: City of Round Rock By: Steve Norwoo•, City Manager cc: Steve Sheets, City Attorney