07-D Engagement Ltr for Legal Services for City Charter Amendments
DRAFT
f:attomeylreswork\current\Cjarter Amendment Consultant Contract 2006
September 14,2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AN ENGAGEMENT LETTER FOR
LEGAL SERVICES WITH THE LAW FIRM OF BOVEY, AKERS &
BOJORQUEZ AS PRESENTED BY MONTY AKERS FOR
CONSULTING SERVICES IN MAKING AMENDMENTS TO THE
CITY OF PARIS CITY CHARTER; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris is in need of consulting services and the law firm of
Bovey, Akers, & Bojorquez has made a proposal for consulting services to assist the City
of Paris in making amendments to its City Charter; and,
WHEREAS, is deemed to be in the best interest of the City of Paris that such
Engagement Letter for Legal Services in the form of Exhibit A attached hereto and made
a part hereof be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
Section 1. That the findings set out in the preamble ofthis resolution are hereby in all
things approved.
Section 2. That the proposal of the Law Firm of Bovey, Akers, & Bojorquez for
professional services described in Exhibit A attached hereto, be, and the same is hereby
accepted.
Section 3. That the Mayor of the City of Paris be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the Engagement Letter for Legal Services
in the form of Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 9th day of October, 2006.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
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RECEIVED
SEP / 2006
C::ITY MANAGER
PARIS, TEXAS
12325 Hymeadow Drive, Suite 2-100 . Austin, Texas 78750 . Phone: (512) 250-0411 Fax: 250-0749
BOVEY, AKERS & BOJORQUEZ, LLP
Attorneys at Law
September 21, 2006
City of Paris
Mr. Tony Williams, City Manager
POBox 9037
Paris, TX 75461-9037
Re: Engagement Letter for Legal Services
Dear Tony:
On behalf of Bovey, Akers, & Bojorquez, I want to thank you and the Council for
choosing our law firm to represent the City in its Home Rule Charter review and
amendment project. We appreciate your confidence and will do our best to provide you
with quality legal assistance and superior customer service.
The purpose of this letter is to set out our understanding with respect to the specific terms
of our attorney-client relationship. Please review these documents carefully and contact
me promptly if you have any questions or concerns. If acceptable, these materials
constitute the agreement under which our legal services will be provided.
Identity of Client
Bovey, Akers & Bojorquez will be representing the interests of the City of Paris.
Nature and Scope of Representation
While in the future we may be directed to represent you on other matters, the present
purpose of our services can be described as follows:
Assisting the City Council and its Charter Commission in identifying
provisions of the City's Home Rule Charter that should be considered for
revision, repeal, or amendment, assisting in the drafting of appropriate
ballot, language for that purpose, assisting in calling and conducting a
special election for that purpose, and such other appropriately related
projects as the City Council may request or direct.
Supervision and Delegation
I will be the partner who will coordinate and supervise the services we perform on your
behalf. I may regularly delegate selected responsibilities to other members of our Firm
when, because of special expertise or availability, they are in a better position to assist
you. In addition, I will try, where feasible and appropriate, to delegate tasks to persons
who can properly perform them at the least cost to you. We will also coordinate as
EXHIBIT A..
needed with other law firms selected by you to provide more specialized legal
representation on particular projects. We will receive direction from the City Council,
the City Manager, and such other City personnel as are identified by the Council and
Manager.
Financial Arrangements
The hourly rate for all attorneys at our firm who work on your account will be $135.00
per hour, which will include time spent traveling to or from the City of Paris, TX during
normal business hours of eight o'clock a.m. to five o'clock p.m., with expenses for travel
at other times being limited to actual expenses or mileage only at the current IRS rate. In
addition the City will be billed for actual, reasonable, expenses such as photocopies,
faxing, long distance, motel, rental cars, and air fare, if applicable. No retainer is
necessary. BAB bills in increments of a tenth of an hour (i.e., every six (6) minutes).
You will receive a detailed monthly accounting of services rendered by the firm.
Termination
Either party shall have the right to terminate this arrangement at any time by providing
written notice to the other party. Upon receipt of written notice will immediately cease to
render additional services and shall invoice the City for any unpaid services, which the
City agrees to pay.
Acceptance of Terms
If this arrangement is acceptable to you and the Council, please have the Mayor sign this
letter and return it to me at your earliest convenience.
If you would like to contact me, please call (512) 250-0411, or e-mail me at
monte@texasmunicipallawyers.com. Otherwise, I will be in touch soon.
Yours truly,
~
Monte Akers
AGREED TO AND ACCEPTED
By:
Richard Manning
Mayor
Date:
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