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HomeMy WebLinkAboutOrdinance No. 01-1278 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. ~)/-/~. ?~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HAYES, COFFEY AND BERRY FOR THE PROVISION OF LEGAL REPRESENTATION; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Hayes, Coffey and Berry for the provision of legal representation. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 5th day of March 2001. William W. Manning, ATTEST: Mayor /Rut-'~han~ Deviln, DepUty City Secretary APPROVED AS TO FORM: ~on Hikel,,~y~ey STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT FOR LEGAL REPRESENTATION THIS AGREEMENT made and entered into this ~ ~f~C~ day of . t~L-4-. C/'f- ,2001, between the CITY OF THE COLONY, Denton County, Texas, hereinafter referred to as the "City," and Attorneys of HAYES, COFFEY & BERRY, P.C., by and through its duly authorized and designated counsel, Gordon R. Hikel, hereinafter referred to as the "Attorney." WHEREAS, the City is a duly organized home-rule law municipal corporation engaged in the administration ora municipality and related services and desires the services, advice, and consultation of Attorney concerning the conduct of that business and related matters; and WHEREAS, Attorney desires to render professional services for the City as provided herein. NOW THEREFORE, the "City" hereby engages the services of the "Attorney," and in consideration of the mutual promises herein contained, the parties hereto agree and understand as follows: I. DESIGNATION OF ATTORNEY City and Attorney hereby agree that the following individual attorneys are to be designated and are hereby duly appointed as set out herein, in the capacity as attorney for City: Gordon R. Hikel - City Attorney Richard D. Hayes - Assistant City Attorney Don R. White - Assistant City Attorney Patricia Adams - Assistant City Attorney Lance Vanzant - Assistant City Attorney Steve S. Poston - Assistant City Attorney AGREEMENT FOR LEGAL REPRESENTATION - PAGE 1 s:share/law_wp/firnv'the colony/renewal legal agrcement.wpd Paige D. Scherr Assistant City Attorney Chance Oliver Assistant City Attorney John D. White Assistant City Attorney City and Attorney mutually agree and understand that other individual attorneys may be substituted and appointed by the City Attorney herein from time to time on prior consent of the City or mutual agreement of the parties hereto. II. SERVICES OF ATTORNEY (a) The Attorney will attend two regularly scheduled City Council meetings, attend one session of municipal coult and provide twenty (20) hours of other legal services per month (including answering telephone calls, preparation of ordinances and contracts, etc.). These services will be rendered according to the fee schedule set out in Paragraph III (monthly retainer fee referenced therein). (b) The Attorney will consult with and advise the City and the City's employees in the regular conduct of the City's activities, if any, by telephone and office conferences, both at the City's facilities and at the Attorney's office, and the Attorney will prepare and/or review any correspondence or documents reasonably necessary and incidental to those consultations. The Attorney shall be the legal advisor of, and Attorney for, all of the offices and departments of the "City" and shall represent the City in all litigation and legal proceedings, provided that the council may retain special legal counsel at any time the City deems same appropriate and necessary. The Attorney shall review and concur or dissent upon all documents, contracts and legal instruments in which the City may have an interest. In addition, the Attorney will prepare and conduct such appearances, hearings, conferences, and other proceedings as are appropriate to the advancement of the City's interests, including attendance at meetings of Planning and Zoning Commission, Board of Adjustment hearings, and any other meetings requested. All such services AGREEMENT FOR LEGAL REPRESENTATION - PAGE 2 s:share/law_wp;firm/the colony/renewal legal agreement ~pd in excess of twenty (20) hours per month are to be rendered according to the fee schedule set out in Paragraph III hereof at the hourly compensation referenced therein. The Attorney shall perform other duties prescribed by the City's charter, by ordinance, or as directed by the Council. (c) Services of the Attorney in connection with litigation or adversary proceedings in any Court or before any administrative agencies brought by or against City, shall be provided at the hourly compensation set out in Paragraph III hereof, and shall be conducted and pursued from time to time as requested by the City Council by majority vote or other delegation of authority by said Council. (d) Maximum use shall be made of legal assistant time in all matters where appropriate in an effort to control costs to City. III. COMPENSATION For the services described in paragraph II (a) hereof, and/or set out elsewhere herein, the City agrees to pay the Attorney for all services at the minimum non-refundable monthly retainer fee of $3000.00, payable by the City of The Colony to Hayes, Coffey & Berry, P.C. For the services described in Paragraph II (b)(c) hereof(over and above the services described in Paragraph II(a)), the City agrees to pay the sum of $100.00 per hour for associate attorneys with less than two years experience, the sum of $125.00 per hour for associate attorneys with at least two but less than five years of experience, the sum ors 150.00 per hour for associate attorney's with five or more years of experience and the sum of$175.00 per hour for shareholders of Hayes, Coffey & Berry. Attorney and City agree to the maximum appropriate utilization of legal assistant staff at the hourly rate of $65.00 per hour. In addition to legal fees, City agrees to pay Attorney for out-of-pocket expenses paid on City's behalf including but not limited to court costs, depositions, long distance telephone expense with regard to calls made to points outside Attorney's metro service, mail, teleconferencing, travel, telefax at $1.00 per page and other miscellaneous items of expense and agrees to reimburse Attorney for any such expenditures upon receipt of an itemized statement. AGREEMENT FOR I~EGA[. REPRESENTATION - PAGE 3 s:share/law_wp/firnYthe colony/renewal legal agrecmcnt.wpd IV. DEVOTION OF TIME The Attorney shall be available for consultation pursuant hereto with the City at reasonable times upon reasonable notice at the request of the City. Further, the Attorney agrees to dedicate sufficient time, within a reasonable period of time after City's request for a particular service, in both Attorney and support staff time, to properly and efficiently handle matters entrusted by the City to the Attorney. V. TERM This Agreement shall be effective on March 1,2001, and shall continue in effect until February 28, 2002. Thereafter, this Agreement shall be automatically extended from year to year provided, however, that this agreement may be canceled by either party hereto at any time during the initial or any renewal term hereof, upon a sixty (60) day advance written notice to the other party. Further, amendments of any type or adjustments in services or compensation shall not be implemented or effective upon less than sixty (60) days advance written notice and to be effective not less than one (1) year following any preceding amendment or adjustment. VI. NOTICES The City shall send any and all notices to the attorney's office at P.O. Box 50149, Denton, Texas 76206, and the Attorney shall send any and all notices to the City's office at 6800 Main Street, The Colony, Texas 75056, unless and until either party shall notify the other of a different address. VII. GOVERNING LAW The validity of the Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Further, all obligations of all parties under this Agreement shall be performable and deemed entirely performed and all compensation and expenses earned and payable in Denton County, Texas regardless of where said services are actually rendered or payments actually made or received. AGREEMENT FOR LEGAL REPRESENTATION - PAGE 4 s:share/law_wp/firm/the colony/renewal legal agreement v. pd VIII. AUTHORITY The undersigned officers and agents of the Parties hereto are the properly authorized officials and have been granted the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect, and the Attorney certifies that the individual duly licensed attorneys whose services are contracted are actually associated with the law firm and notice will be provided to City immediately of any personnel change affecting this Agreement. EXECUTED at THE COLONY, Denton County, Texas on the day and year first written above. ATTORNEY: CITY: HAYES, COFFEY & BERRY, P.C. FY OF THE C(~NY, 2['EXAS ~c~'~~'~!!~~-~'~~'~'- ~'WILLIAM W. MANNING, MAYOR D~ON~ TR~ DH IAK~TLoR N'E7 CITyPATTI A~ AGREEMENT FOR LEGAl_ REPRESENTATION - PAGE 5 s.share/law_wp;Iirn~qhe colony/renewal legal agreement v~pd