HomeMy WebLinkAboutResolution No. 04-40 RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE LEGAL SERVICES AGREEMENT BY AND BETWEEN THE CITY
OF THE COLONY AND THOMSON, COE, COUSINS & IRONS, LLP
FOR ASSISTANCE IN ACQUIRING EASEMENTS FOR UTILITY LINES
FROM WYNNWOOD PENINSULA TO THE CENTRAL CITY, WHICH
IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: FOR ASSISTANCE 1N ACQUIRING
EASEMENTS FOR UTILITY LINES FROM WYNNWOOD PENINSULA TO THE
CENTRAL CITY; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with THOMSON, COE, COUSINS & IRONS, LLP, which is attached hereto and
incorporated herein by reference as Exhibit "A," under the terms and conditions provided
therein.
WHEREAS, with this Legal Services Agreement the City of The Colony is agreeing to
pay a sum not to exceed $40,000.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Legal Services Agreement, which is a~tached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found
to be acceptable and in thc best interest of thc City and its citizens, be, and thc same is hereby, in all
things approved, and thc City Manager is hereby authorized to execute the Agreement on behalf of
the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 17th day of May, 2004.
A~'~E¢~~L/~~' ~cihn Dillara, Mayor
~'/ IA /9~ '~ City of The Colony, Texas
Christie Wilson, City Secretary
[CITY SEAL]
APPR~RM:
Robert E. l~ager~ ~'~Attomey U/
63918
LEGAL SERVICES AGREEMENT
This LEGAL SERVICES AGREEMENT ("Agreement") is entered into by City of The
Colony, Texas ("Client"), and Thompson, Coe, Cousins & Irons, L.L.P. (the "Firm"), as of the
th day of May, 2004.
Scope of Representation
Client hereby engages the Firm to perform the following services:
A. Serve as legal counsel to Client with regard to: (i) funding, construction,
authorization or acquisition of any and all right of way, easements (permanent or temporary)
agreements, permits, approval of other authorizations necessary and incidental for and including the
design, development, construction, or improvement of water and wastewater utility lines
(approximate 30' wide utility easement and 20' wide temporary construction easement) extending
generally from the Wynnwood Peninsula to The Colony Wastewater Treatment Plant (appx. 2.8
miles); (ii) all matters, related or ancillary to, agreements, considerations, or contracts by and
between public or private entities affected by the alignment, construction, financing, or funding of
the utility or temporary construction easement; and, (iii) representation before any and all
governmental or judicial entities or other bodies, public or private, necessary and incidental to
securing the authorization set forth in (i-ii) above, including but not limited to:
(a) Texas Department of Transportation; Dallas, Denton or other area or state offices;
(b) Texas Transportation Commission; North Central Texas Council of Governments;,
Texas Commission on Environmental Quality or, other state, regional, or local
planning entities;
(c) City of The Colony and Cities of: Little Elm, Frisco or others; any committees, task
forces, commissions, boards or bodies assigned or designated by them;
(d) Utilities, railroads, cable providers, or other public service entities boards or
commissions;
(e) Army Corps of Engineers, regional, district or other appropriate officers.
(f) Homeowner associations, and public heatings;
(iv) engage, manage, and supervise surveyors, engineers or other professionals incidental and
necessary to the above process; and (v) take all actions necessary or required to obtain legal rights
for, or contracts necessary to, obtain or implement the goals defined by the Client;
B. Perform any other services mutually agreed upon by Client and the Firm; however,
either party may request an addendum to this Agreement in a form mutually agreeable to the parties
prior to the provision of additional services hereunder.
Term
The term of this Agreement shall be (i) until the scope of services set forth above has been
satisfactorily concluded, or (ii) until this Agreement is terminated by either party.
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Billing
The Firm shall bill the Client monthly for services rendered and expenses incurred, in the
manner agreed to herein, until such time as this Agreement has expired by its own terms or has
been terminated. The Firm shall bill all attorney's fees based upon a consideration of time and labor
involved, the skill requisite to perform the services properly, the preclusion of other employment by
the Firm due to acceptance of the matters identified herein, time limitations imposed by Client or
other circumstances, results achieved, experience, reputation and ability, extraordinary time
requirements, and the Firm's hourly rates.
Client understands that such rates at the time of entering into this Agreement range from
$175.00 to $300.00 dollars per hour for attorneys and from $60.00 to $75.00 dollars per hour for
paralegals and administrative assistants. Client further understands that litigation rates for
attorneys, paralegals and administrative assistants are estimated in advance on a per case basis.
Work performed by the Firm on behalf of Client under this Agreement for any given month
shall be billed by the Firm on or about the tenth (10th) day of the succeeding calendar month, and
Client agrees to forward its payment within thirty (30) working days following its receipt of such
Firm billing statement.
Reimbursements
In addition to such fees, Client agrees to reimburse the Firm for any and all expenses
incurred in such matters including, but not limited to, fees fixed by law or assessed by courts or
other agencies, travel expenses, photocopying, mileage, postage, long distance calls charges,
deposition costs, court reporting costs, telecopier costs, binding costs, courier and special delivery
services, and other out-of-pocket expenses incurred with such matters in accord with the attached
schedule.
Consultants
Client authorizes the Firm to retain qualified consultants to assist the Firm's representation
of Client before governmental agencies and with regard to technical matters within a range of fixed
hourly rates charged from $90.00 to $150.00 per hour for consultants. Prior approval by Client of
the consultant(s) and consultant(s) fee schedule shall be necessary. Billing by the Firm and
payment by Client regarding fees and reimbursable expenses for services rendered by consultant
shall occur in a manner consistent with this Agreement.
Withdrawal/Termination
Client agrees that the Firm shall be entitled to withdraw from the engagement and terminate
this Agreement upon failure of Client to make timely payments as required hereunder. Client shall
be entitled to withdraw from this engagement and terminate this Agreement upon prior written
notice by Client to the Firm. In the event of termination of this Agreement, Client shall pay to the
Firm all outstanding fees and expenses within thirty (30) days following receipt of the Firm's
invoices for same.
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Expressions of Opinion
Client acknowledges that nothing in this Agreement and nothing in the Finn's statements to
Client shall be construed as a promise or a guarantee concerning the outcome of Client's matters.
The Firm makes no such promises or guarantees. The Firm's comments concerning the outcome of
Client's matters shall represent expressions of opinion only.
Client acknowledges and agrees that the Firm's entitlement to payment for fees and
expenses shall not bc contingent upon the results obtained or thc final disposition of the services for
which thc Firm has been retained.
Conflicts of Interest
Client agrees that the Firm may represent other businesses or interests who may now or in
the future provide goods or services to Client. Thc Firm represents that it has reviewed its records
and has no present conflicts of interest involving Client. The Firm will do all within reason
necessary to prevent and avoid any situation that might constitute a conflict. In the event a conflict
arises, the Firm shall promptly advise Client of such, in writing, and shall notif~ Client of the Firm's
proposal to resolve thc conflict.
Amendments/Modifications
Client and the Firm may amend or modify this Agreement at any time so long as such
amendment or modification is reduced to writing and is mutually agreed upon by Client and the
Firm.
Miscellaneous
Duplicate counterparts of this Agreement may be or may have been executed by the parties
hereto. Each such executed copy or countcrpaxt shall have the full force and effect of an original
executed instrument.
Any notice or communication required or permitted hereunder shall bc in writing, and shall
be scm by (a) personal delivery (provided that such delivery is confirmed by the courier delivery
service), or (b) expedited delivery service with proof of delivery, or by United States mail, postage
pre-paid, registered or certified mail, or (d) pre-paid facsimile, addressed as follows:
If to Client: Dale A. Chcatham If to thc Firm: Thompson, Coe, Cousins &
City Manager Irons, L.L.P.
City of Thc Colony, Texas 700 North Pearl, 25th Floor
600 Main St. Dallas, TX 75201
The Colony, TX 75056 Attn: Rider Scott, Esq.
(972) 625-1756 - ph (214) 871-8294 - ph
(972) 624-2298 - fax (214) 871-8209 - fax
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or to such other address or for the attention of such other person as hereafter shall be designated in
writing by the applicable parties sent in accordance herewith. Any such notice or communication
shall be deemed to have been given at either the time of personal delivery or, in the case of delivery
service or certified or registered mail, as of the date of deposit or delivery to the Untied State Postal
Service or expedited delivery service in the manner provided herein, or, in the case of facsimile,
upon receipt. Any notice required by this Agreement shall be void and of no effect unless given in
accordance with the provisions of this paragraph. Either party hereto may change the address for
notice specified above for giving the other party two (2) days' advance, written notice of such
change of address.
Working Papers
Client recognizes that working papers shall be assembled and accumulated by the Firm in
connection with this representation, and that same shall belong to and remain the property of the
Firm.
Conflicts of Interest
Client agrees that the Firm may represent other businesses or interests who may now or in
the future provide goods or services to Client. The Firm represents that it has reviewed its records
and has no present conflicts of interest involving Client. The Firm will do all within reason
necessary to prevent and avoid any situation that might constitute a conflict. In the event a conflict
arises, the Firm shall promptly advise Client of such, in writing, and shall notify Client of the Firm's
proposal to resolve the conflict.
COSTS AND ADVANCES FOR CLIENTS
While providing legal services, the firm will often advance costs on behalf of the client,
such as court filing fees, travel costs, long-distance telephone, photocopying, postage and other
such costs. These costs, which are in addition to the fees for legal services, are reimbursable by the
client.
This policy statement sets forth the basis and nature of these charges so that the firm can
have a clear understanding with its clients conceming these charges. If the firm has a separate
agreement with a client, that agreement will, of course, apply. In the absence o£such an agreement,
the firm will follow this policy for the reimbursement of such costs.
The majority of such expenses are subject to identification by means of receipts from third-
party vendors. Such cost advances are billed to the client and separately identified on all billings.
In addition, the firm provides vendor receipts for verification. In no case does the firm add a
"service" or "handling" charge.
Other costs are separately identified on the firm's bills, but generally are not supported by
third-party vendor receipts because such receipts are not readily available. Examples include long-
distance telephone charges, postage, photocopy expenses, telecopy charges, Federal Express and
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other overnight delivery service expenses, and messenger service expenses. The finn has made
arrangements through its own equipment or personnel or through third parties to provide such
services in a convenient and cost efficient manner. The firm's charges for such services are based
upon the costs incurred by the firm in providing them. The following is a list of such charges most
often incurred by the firm and passed on to the client:
Long-distance telephone and telecopy $ cost
Computerized Legal research
(e. g. Westlaw & Lexis) $ cost
Photocopying~ $ . 15 per page
Telecopy transmissions $ .50 per page
Delivery services $ cost
Special postage
(e.g. certified mail or special delivery) $ cost
Mileage rate (IRS rate) $ .375 per mile
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created heretmder are performable in Denton and Dallas
Cotmties, Texas.
This Agreement is executed by the authorized agents of Client and the Firm, effective as of
the date first above written.
THE COLONY, TEXAS THOMPSON, COE, COUSINS & IRONS, L.L.P.
By: (~) ~t 0. C~,,~ By:~~~-~
Name: Dale A. Cheatham Name: Rider Scott
City Manager Its: Partner
~If bulk copying is involved, the finn may use an outside copy service. A third-party vendor
receipt will be provided.
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