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10-D1 Legal Services Agreement CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I January 14, 2008 X Action D Discussion Dlnformation DRefer to: Legal Department DESCRIPTION: Resolution authorizing and approving a Legal Services Agreement with Jim Mathews of Mathews & Freeland, LLP for legal services related to a Memorandum of Understanding and possible water supply agreement with the City of Irving. BACKGROUND INFORMATION: Jim Mathews is a partner with the law firm of Mathew & Freeland LLP in Austin, Texas. He started his career in the Environmental Law Section of the Texas Attorney General's office eventually becoming the Section Chief. He left the Attorney General's office in 1987 to enter private practice. Mr. Mathews has twenty (20) years of water law experience and co-sponsors the University of Texas Annual Conference on Texas Water Law. Some clients that he has represented on raw water supply contracts are: Greater Texoma Water Authority, City of Greenville (Sabine River Authority), City of Longview, and the San Antonio Water Authority. LEGAL REVIEW: ~ MANAGER'S RECOMMENDATION: DRAFT f:attoroeylresworklcurrentlMathews Prof Serv Contract Res 2008 January 7, 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A LEGAL SERVICES AGREEMENT WITH JIM MATHEWS OF MATHEWS AND FREELAND, LLP, TO REPRESENT THE CITY OF PARIS IN DISCUSSIONS AND NEGOTIATIONS WITH THE CITY OF IRVING ON A MEMORANDUM OF UNDERSTANDING AND POSSIBLE WATER SUPPLY AGREEMENT FOR A SUPPLY OF WATER FROM AND THROUGH LAKE PAT MAYSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has been approached by the City ofIrving about entering into negotiations to purchase a raw water supply from the City of Paris by and through the City's rights in the water at Lake Pay Mayse; and, WHEREAS, the City of Paris is in need of a water law specialist to assist the City with discussion and negotiations with the City of Irving on a possible water supply agreement to provide a raw water supply by and through Lake Pat Mayse; and, WHEREAS, is deemed to be in the best interest of the City of Paris and its citizens that a legal services contract substantially in the form attached hereto and incorporated herein as Exhibit A be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the proposal of Jim Mathews of Mathews and Freeland, LLP for professional legal 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 Professional Services Contract 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 14th day of January, 2008. Jesse James Freelen, Mayor MATHEWS & FREELAND, L.L.P. Jim Mathews Joe Freeland ATIORNEYSATLAW 327 Congress Avenue, Suite 300 P.O. Box 1568 Austin, Texas 78767-1568 (512) 404-7800 FAX: (512) 703-2785 January 9, 2008 Kent Mcllyar City Attorney City of Paris P. O. Box 9037 Paris, TX 75461-9037 Re: City of Paris; Legal Services Contract Dear Mr. McIlyer: This will confirm our agreement that the firm of Mathews & Freeland, L.L.P. will represent the City of Paris in discussion and negotiations with the City of Irving on a memorandum of understanding and possible water supply agreement providing for a supply of water from and through Lake Pat Mayse. Our work will be performed under your direct supervision or the supervision of other persons designated by you. Additionally, we will represent the City of Paris in any other matter requested, provided we do not have a conflict of interest. Our work on this matter will be billed on an hourly basis as described below. At the present time our firm has a fee structure ranging up to $280.00per chargeable hour for attorneys' services, depending on the individual involved, his or her level of experience and expertise and the nature of the services provided. Additionally, we utilize briefing clerks, paralegals and other support personnel to perform those tasks not requiring the time of an attorney. Briefmg clerk and paralegal time is billed at an amount not to exceed $75.00 per hour. We will submit all out-of- pocket expenses incurred f6r reimbursement, with a fifteen percent (15%) overhead charge added. Charges for other services, such as photocopies, fax transmissions and messenger services will be billed according to the attached schedule. We endeavor to have a statement of services rendered and expenses incurred by the 20th of each month. Full payment is due on receipt of the statement. Interest will be charged at the rate of 10% per arulUm on any balance not paid 60 days after the statement date. I will be the account representative and the attorney in charge of our representation. My time will be billed at the rate of$250.00 per hour. From time to time other attorneys with the firm may be assigned to some aspect of our representation, as appropriate. It is the policy of our firm to review our fee structure annually. We will notify you in writing prior to implementation of any change in our fee structure. EXHIBIT A This agreement shall become effective upon our receipt of a countersigned original of this letter. The agreement may be terminated by you at any time by written notice to us, provided, when applicable, that permission for withdrawal from employment is granted by the court. This agreement may be tenninated by this firm on fifteen (15) days written notice that we are no longer in a position to continue representing you in a particular matter for whatever reason, including nonpayment of fees and expenses within 30 days ofreceipt of an invoice. If this agreement is acceptable to you, please sign the duplicate original provided herein, and return it to us for our records. We look forward to working with you. Sincerely, T~~-- Jim Mathews JDM/ndh APPROVED: (Client Signature) (Title) (Printed Name)