Contract - Bourland Law Firm - 7/8/2021P. O. Box 546
BOURLA Aw FIRM Round Rock, Texas 78680
(512) 477-0100
bourlandCdfiourlandlaw. com
June 23, 2021
VIA ELECTRONIC MAIL
City of Round Rock
c/o Mayor Craig Morgan
221 East Main Street
Round Rock, Texas 78664
Re: Amended Engagement Agreement
Dear Mayor Morgan:
Please allow this letter to serve as an amendment of the prior engagement
agreement whereby the City of Round Rock (the "Client" and/or "you") hired my firm for
consultation and representation regarding rule changes by the Comptroller relating to
local sales tax. The Client will be our only client in this matter and our representation is
limited to the matter described in this letter. The following paragraphs outline the terms of
our agreement. It is my distinct honor to be able to represent the City and I look forward
to continuing to work with the City Council and City Attorney on this case.
This letter will cover our billing practices and the scope of our representation. Our
billing practices are slightly different from some law firms and hopefully will be viewed
favorably by you. We do not charge for internal office expenses such as copying, long
distance phone calls, facsimile charges, staff overtime or other related overhead items. It
is necessary, however, for us to pass along charges incurred from outside vendors such
as court reporters, process servers, expert witnesses, copy services (for large copying
projects), and FedEx/UPS charges, as well as court costs, filing fees, and any travel costs
related to this case. Additionally, if this case requires electronic research, you will be
charged a fee for that service, which will be based on the duration of usage and
discounted from the market rate set by the provider. Please understand that all outside
vendor invoices in an amount of $400.00 or above will be forwarded to the Client, and it
is the Client's responsibility to directly and timely pay the vendors. The Client will still be
responsible for outside charges that are less than $400.00, but we will pay those directly
and they will be included as a pass -through expense on our monthly firm invoice.
Each month, we will send an invoice that specifically sets forth all work that has
been performed and any pass -through expenses that have been incurred for the month.
At that time, we encourage you to closely scrutinize the invoice. We are very conscious
of attorneys' fees and expenses and will prudently try to ensure that you are billed fairly
and responsibly. Should you ever have any questions or comments regarding our bills,
we request that you let us know immediately so that we can have an opportunity to
discuss your concerns and attempt to resolve them to your satisfaction.
K 20-1 -- I ?�(
Engagement Agreement
June 23, 2021
Page 2 of 4
will be the lead attorney working on this matter. However, if it becomes necessary
or cost-effective to assign tasks to others to help me, I will do so. The hourly rates for
others who may assist with your case are:
Cindy Olson Bourland
Contract Attorneys
Associate Attorneys
Paralegals
Law Clerks
$475600
$150000 — 350e00
$150600 — 250900
$ 75800
$ 75600
The hourly fee amount is billed to our clients based on 1/10 of an hour increments. For
example, 0.1 hours is equal to 6 minutes, 0.2 hours is equal to 12 minutes, etc.
In the original engagement agreement dated April 10, 2020, legal fees were limited
to $150,000, While fees have not exceeded that cap, we will be getting close to that
amount as we enter a new phase of this matter that may include court filings, hearings,
discovery, and appeals. Accordingly, it is agreed that a higher limit on fees is warranted,
allowing for an additional $150,000.
Consequently, we agree that my legal fees for this matter will not exceed a total of
$300 000 (including fees incurred to date), unless approved in advance bv the City. I will
inform you if and when the fees are getting close to that cap. Please understand that,
given the scope of this matter and the potential for legal proceedings that may take a
substantial amount of time, including the possibility of filings in district court and related
appeals, it is certainly possible that legal fees could reach or exceed that cap. It is
impossible for me to predict now how long the City might need my representation in this
matter and, consequently, I am unable to make an estimate of total legal fees at this
jHowever, I will certainly inform you iuncture.n advance before fees exceed $300 000 so
that the City can decide how to proceed in such event.
Given the scope of the matter involved in this representation, it also may be
necessary to associate with or bring in other various legal and economic specialists.
Should that become advantageous or necessary to best serve the City's needs in this
matter, I will make such a recommendation and will work with the City Attorney to choose
such specialists. The cost or fees of any such associated counsel or expert will be borne
by the Client and any such cost or fees will not be counted toward the $300,000 cap
discussed in the paragraph above.
The place of performance of this agreement is Williamson County, Texas. All fees
and expenses are payable at the address of the law firm. Further, the Client agrees and
acknowledges that the law firm has not made any representation or guarantee as to the
outcome of this case, and that the nature of such representation and/or litigation makes
it very hard to predict any total amount of legal fees that will be incurred or any particular
outcome, given all of the factors and issues involved in this case. This written agreement
contains the entire agreement of the parties. There are no terms of our agreement that
are not contained in this written agreement.
Engagement Agreement
June 23, 2021
Page 3 of 4
Please also be advised that the Client may discharge the law firm at any time. If
the Client becomes displeased or dissatisfied with the legal services of the law firm, the
Client shall give written notice to the law firm. The notice shall be by certified mail, return
receipt requested. The Client and the law firm will make all reasonable efforts to resolve
any problem that arises. If no resolution is reached, the law firm will withdraw at the
Client's written request.
The law firm may also withdraw from further representation for any of the following
reasons: the Client fails to pay fees or expenses required under this agreement; the
Client fails to cooperate and comply fully with any reasonable request of the law firm; the
Client engages in conduct or makes statements that render it unreasonably difficult for
the law firm to carry out the purposes of its employment; and/or the Client fails to abide
by any of the terms of this agreement. Before the law firm withdraws from its
representation of the Client, the law firm shall give ten days' written notice to the Client.
The notice shall be by certified mail, return receipt requested. In addition, the Client
agrees and acknowledges that the law firm may withdraw if the Client fails either to pay
an invoice in full or to replenish a retainer (when applicable) within sixty (60) days.
It is our firm policy to maintain your files for a period of three (3) years after the
conclusion of our representation of you. You hereby authorize us to destroy your files
three (3) years from the conclusion and/or resolution of your case, unless you instruct us
otherwise before the end of said three (3) year period and make arrangements to pick up
your case files.
It is my intention to vigorously represent the City in this matter. With that goal in
mind, however, I am also very careful to follow the ethical guidelines and the local
customs and practices. If a situation ever arises where we feel that the actions being
requested by the Client violate any of the local practices and customs or the ethical rules,
we will inform you.
To ensure that there is no confusion regarding our fee agreement, please sign this
letter in the space provided below indicating your agreement to the terms and conditions
of our representation. Should you have any questions or comments regarding this
agreement, please contact me before you sign it so that we can discuss them. Also,
please do not hesitate to contact me if you need additional information at this time.
Sincerely,
BOURLAND LAW FIRM, P.C.
Cindy Olson Bourland
COB/dp
Engagement Agreement
June 23, 2021
Page 4 of 4
AGREED:
City of Round Rock
am
Its..