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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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