Loading...
2010R08-Denton,Navarro,Rocha & Bernal, PC RESOLUTION NO. 10-R-08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DENTON, NAVARRO, ROCHA & BERNAL, P.C. WHEREAS, the City Manager of the City of Schertz (the "City") has determined that the City requires professional services relating to a legal matter on which the City Attorney has a conflict of interest; and WHEREAS, City staff has determined that Denton, Navarro, Rocha & Bernal, P.C. is qualified to provide such limited services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for professional purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Denton, Navarro, Rocha & Bernal, P.C. pursuant to terms of the letter attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Denton, Navarro, Rocha & Bernal, P.C. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject 50295765.1 matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 2nd day of February, 2010. CITY OF SC RTZ, TEXAS Mayor ATTEST: y Secretary (CITY SEAL) 50295765.1 EXHIBIT A See Attached Letter 50295765.1 A-1 DENTON, NAVARRO, ROCHA & BERNAL A Professional Corporation ATTORNEYS AND COUNSELORS SAN ANTONIO OFFICE www.rampa~elaw.com RIO GRANDE VALLEY OFFICE 2517 North Main Avenue 701 East Harrison, Suite 100 San Antonio, Texas 78212 Harlingen, Texas 78550 Phone (210) 227-3243 Phone.(956) 421-4904 Fax (210) 225-4481 Fax (956) 421-3621 January 28, 2010 Michael Spain City Attorney Fulbright & Jaworski, LLP 300 Convent Street, Suite 2200 San Antonio, Texas 78205-3792 Re: Engagement of Legal Services on Developing Legal Analysis and Request for Attorney General Opinion on Application of Cibolo Creek Municipal Authority Impact Fees to the City Dear Mr. Spain: This letter is our proposal to represent the City of Schertz in the above referenced matter. The purpose of this letter is to reduce to writing the terms and conditions of our engagement, subj ect to adj ustirlent or amendment. Our intention is to provide efficient legal service and allow the City to handle logistics and other matters that do not require the cost of professional or paralegal time. Lowell Denton will be the lead attorney supported primarily by Charles Zech in this engagement. The hourly rate for Lowell will be $285.00 an hour, the hourly rate for Charles will be $195.00 and the hourly rate for paralegals will be $ 85.00. Billings will be based on the time actually spent on this engagement. Billings will be in tenths of hours. In addition to our fees, you will be . invoiced for expenses incurred by the firm on your behalf. Time spent for services provided to the City of Schertz, Texas will be submitted monthly in a billing statement. Billable time will be kept in tenths of ari hour and itemized. Expenses will also to be itemized and will be limited to reasonable and customary charges. A billing statement will be mailed directly to you and will be payable within 30 days of receipt. We will work with you to achieve efficiency in this process and save the City time and costs in doing so. In order to enable us to effectively render legal services to you, you agree to disclose fully and accurately all facts and keep izs apprised of all developments xelating to the matter described in the first paragraph of this letter. You further agree to cooperate fully with us and assist us in contacting and arranging the attendance of appropriate employees or officials at meetings and any proceedings we advise you to attend. Because of the nature of legal representation iw general, we have made no promises or guarantees to you concerning the outcome of the matters undertaken save cannot do so. We recognize the importance of knowing how a client feels about the services provided by our attorneys. Please discuss any aspect of the firm's services or charges with me or our office manager. We will do our best to assure that we meet the needs of the City. Please indicate your acceptance by your signature and return to us. Thank you. Very truly yours, DENTON, NAVARRO, ROCHA & BERNAL A Professional Corporation LOWELL F. DENTON AGREED AND ACCEPTED: C O RTZ DATE