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HomeMy WebLinkAboutResolution No. 05-09 CITY OF THE COLONY, TEXAS RESOLUTION NO. os-Ø9 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO TERMINATE THE LEGAL SERVICES CONTRACT WITH THOMSON, COE, COUSINS & IRONS AND TO ENTER INTO A LEGAL SERVICES CONTRACT WITH STRASBURGER & PRICE TO ASSIST THE CITY IN ACQUIRING EASEMENTS FOR UTILITY LINES FROM WYNNWOOD PENINSULA TO THE CENTRAL CITY, WHICH WAS PREVIOUSL Y APPROVED BY COUNCIL, AND TO MAINTAIN THE SERVICES OF ATTORNEY RIDER SCOTT; A TT ACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; AND PROVINDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, hereby authorizes the city manager to tenninate the legal services contract with Thomson, Coe, Cousins, & Irons and to enter into a like contract with Strasburger & Price to assist the city in acquiring easements for utility lines from Wynnwood Peninsula to the central city. Section 2. That the city council wishes to maintain the services of attorney Ryder Scott in this matter. Section 3. That a true and correct copy of the contract is attached hereto and incorporated herein. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of January, 2005. \k)~p:) J Dillard, Mayor ity of The Colony, Texas ATTEST: C1~'Ci~~ LEGAL SERVICES AGREEMENT This LEGAL SERVICES AGREEMENT ("Agreement") is entered into by City of The Colony, Texas ("Client"), and Strasburger & Price, L.L.P. (the "Firm"), as of the 151 day of November, 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 mile); (ii) all matters, related or ancillary to, agreements, considerations, or contracts by and between public or private entities affected by the alignment, construction, fmancing, or funding or 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 district or area 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 designed 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. (t) Homeowner associations, and public hearings; (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. 759823.I/SP3/1 31 52/0 I 00/01 0705 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 $325.00 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. For budgetary planning purposes, it is estimated that the preliminary professional services outlined herein should be approximately $25,000. The Client understands and acknowledges that this is an estimate only and the actual cost, depending on the scope of services defined and complexity associated therewith, could cause the actual cost of the professional services rendered on behalf of the Client to be less than or more than the estimated cost. 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. BilIing 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. -2- 759823. IISP3/13152/01 00/0 1 0705 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. Expressions of Opinion Client acknowledges that nothing in this Agreement and nothing in the Firm'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 be contingent upon the results obtained or the final disposition of the services for which the 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. 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 ofthe Firm's proposal to resolve the conflict. AmendmentslModifications 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 counterpart shall have the full force and effect of an original executed instrument. Any notice or communication required or permitted hereunder shall be in writing, and shall be sent 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: -3- 759823.lISP3/13152/0 I 00/01 0705 If to Client: Dale A. Cheatham If to the Firm: Strasburger & Price, L.L.P. City Manager 2801 Network Blvd., Ste. 600 City of The Colony, Texas Frisco, Texas 75034 600 Main St. Attn: Rider Scott, Esq. The Colony, TX 75056 (469) 287-3929 - ph (972) 625-1756 - ph (469) 277-6578 - fax (972) 624-2298 - fax 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 forgiving 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 ftrm 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 concerning these charges. If the firm has a separate agreement with a client, that agreement will, of course, apply. In the absence of such an agreement, the firm will follow this policy for the reimbursement of such costs. -4- 759823.1/SP3/13152/01oolO 10705 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 other overnight delivery service expenses, and messenger service expenses. The firm 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 Photocopyingl $ .15 per page Telecopy transmissions $ .50 per page Delivery Service $ cost Special postage (e.g. certified mail or special delivery) $ cost Mileage rate (IRS rate) $.375 per mile Thus Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton and Dallas Counties, 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 STRASBURGER & PRICE, L.L.P. g~dL r t:QA By: By: Name: Dale A. Cheatham Name: Rider Scott City Manager Its: Partner 1 If bulk copying is involved, the firm may use an outside copy service. A third-party vendor receipt will be provided. -5- 759823.lISP3/13152/01 00/01 0705