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19-R-05 Amended Agreement of David Klein and GosselinkRESOLUTION NO. 19 -R -05 A RESOLUTION BY THE CITY OF SCHERTZ AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED AGREEMENT FOR THE SERVICES OF MR. DAVID KLEIN OF LLOYD GOSSELINK ATTORNEYS AT LAW AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires legal services relating to wastewater permitting issues, and WHEREAS, City staff has engaged the Attorney David Klein with Lloyd Gosselink Attorneys at Law to provide legal services for the City; and WHEREAS, the hourly rate being charged is changing, necessitating a supplement to the engagement letter; 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 personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the contract with Lloyd Gosselink Attorneys at Law pursuant to the Supplement to Engagement 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 Supplement to Engagement Letter with Lloyd Gosselink Attorneys at Law 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 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 8th day of January, 2019. CITY OF SRTZ, TEXAS Carpenter, Mayor ATTEST: E�� C�� cLin 10 Brenda Dennis, City Secretary A -1 k1r. Dudlc-� Wait December 20,20 18 Paae ') this 1£tter. VOL11- illC� in the timn in which it was maintained, villl be made ac'ailable [or tran's'fer to )(.)U at our office. As a general rule, we keep client files for five vears. If your file has not Previously been retUMCCI 10 you before the end of the retention period. our document retention policy directs us to offer the the to viou at that tinic. Original documents (e g— permits, licenses. deeds- wills and the like)7 or material that JVS Umque or significant value in the forin we oriainallv acquired it will be returned to you in that o iginal �() t - g rin. We nIaN. however, reClUire VOU to pay am' delivery or shipping, expeases associated with delivering, YOUr client file and other client property to you at a location other than our of-fice, If you do not indicate a desire to have the file returned to you. the fife (both electronic and written) will he destroyed. Conclusion This letter is appended to and made a part of, our original Engagement Letter and the Ackfilional Terms qj" Engwgement attached thereto, and together with all other Supplements constitute the entire terms of the engagement of Lloyd Gossetink Rochelle & Townsend, P.C. in the Representation. These written terms of engagement are not subject to any oral agreements or understanding"..1. and they can be modified only by further writtc as Supplement. Unless expressly stated in these terms of Ongagement, no obligatio n or undertakin- shall he implied on the part of ,either vou or Llovd Gosselink Rochelle & Townsend. P.C. If there are any questions about these terms of engagement- or if these ternis are inaccurate in any way. please let me know immediately. Sincerely, Da vi: J. Klein DJK1/dsr AGREEF) AND ACCEPTED: Llovd8 6 cm'V es� Avenue. S,�ac- 190-C, Uosselink 7� JZ-37 ............... ............................... ........... ixxgadaai A TT 0 R N f.'VS3 sT 1, A W Mfr Kleirt',� Dtft:ct 1, 4w, (512) 11-2-is 18 December 2G, 2018 k1r, Dudley VIA EMAIL AND 17,111ST CLASS MAIL City of Schertz 1400 Schertz Parkway- Schertz, Texas 79154 Re: SupRlenient to Engagement Letter - USDA Lawsuit; Billin- File Number;. 3>3t1.04 Dear N1r, Wait, We appreciate the confidence you have shown in us by recently requesting additional legal services froin our Firm. For various reasons it is necessary for our Firm to specifically enumerate those matters on, kN-hich we are working. The purpose of this letter is to set forth our understanding of the legal services to be perforrned by Lis and is a Stipplcnieiit to the original En— lenient Letter. This letter confirnis that Lloyd Gosselink Rochelle & Townsend- P.C. (-Lloyd Gorsselink") xvill represent the City of Schertz (the "City") �,Nlth regard gard to preparing, filing, and litigating a complaint against the United States. Department of At regarding the approval and closing of loan/grant application filed by Green Valley Special Utility District (flie, "N-latter" }. Furthermore, this letter is our notice to you regarding our acceptance of this representation (the- -Representation"). Terms of Engagement Our oriQinal En-1 ement Letter and the Athfitional Ter ins oj' attached thereto, dated June 23. 1-015, set out the terms. of our engagernent in the Representation. This letter is expressly incorporated into that docuinent. It is understood. and agreed that our enclagement is tirnited to the Representation, and our acceptance of this engtaggenient does not iniply any undertaking to provide legal services other than those set forth in the original Engaem g entr Letter and all .Supplements thereof. , Personnel Who Will Be Worbit g, on the Matter I wilt be the attorney in charge of the Representation. Maris Chambers, Joe, de" la Fuente, and Janies Parker will also be working on. the Matter. You niay call, write., or c-,mail .nie whenever you have any questions about the Representation. Other firm personnel., including firni lawyers and paralegals, will participate in the Representabon if, in. our judgment, their parti6p4ltion is necessary or appropriate. Llo\Tl Gf-)sselink Rochelle, & Tc)-vvrisertcl., RC. 'Mr. Dudley Wait Decernbet-20,201 8 Pa(w 2 Lel-al Fees and Other Charges Our fei in the Matter will be based on the time spent by firm personnel- primarily firm lawyers or paralegals. who participate in the Representation. We will chart I time spent ge for al ti a3 such personnel in the Representation in increments of tenths of an hour. We change:: for time spent in activities including but not limited to the following:, telephone and office conferences with clients, representatives of clients, opposing counsel. and others;, conferences amona our I C7 attorneys and paralegals, factual investigation, if needed;, legal research: rile management. responding to requests from y0tt that we provide inlbrmaLi�on to VOLI or your auditors-. drafting letters and other documents; and travel, ifneeded, 1-cual t'ces and costs are difficult to estimate. Accordinolv. we have made no commitment concerninu the fees and charges that will be necessary to resolve or complete the Repress ntation. although we will make everN, effort to mana,.,e fees and costs by workinu efficiently, and cost-effectively, Nly time, is billed at the rate of S300 per hour. My associate, Maris Charnbers, and parale.gal, Rebekah Csabi, vvill be working -vvith me and their time will be billed at the mite of $215 and $1210 per hour, respectively. Again. laNx-'yer& paralegals and other personnel may be assiuned as necessary to achieve proper staffing-, in particular,. , Joe de la Fuentic, James Parker. and il-Iaren, Mallios will be workina- on the matter as well, and their rates are $325, $290, aancl $135 per hour, respectively. We utilize briefing clerks, paraleg'als, file clerks and other support personnel to perf'orin those tasks not requiring the time (if any attorney. Their time is billed, at an amount determined by the experience of the individual. The foregoing rates may be adjIlSted annually and. if so. will be noted on your bill.. We will submit all out-of-pocket expenses incurred for reimbursement,. Usually we ask the client to pay directly all filing- fees. charges for Consult ants. etc. due to the size of such fees and to avoid the clierit incurring our overhead char0e. We endeavor to have a statement or services rendered and expenses incurred by the 15th' Of the following month. Full payment is due on receipt of the statement. Conflicts of Interest Before accepting th is Representation, we bwze undertaken reasonable and customary efforts to deteimine whether there are any potential conflicts of interest that would bar our firm from representing you in the Matter. Additionally, in order that we comply with the requirements of Chapter 176 of the Texas Local Government Code, we have performed an internal conflicts or in inquiry, Based on the in-f6rmation available to us, we are not a-%,are ofanvpotential.disqLtalification, We reviewed the issue of potential conflicts ,iiiaccordaiice'vN#41,ltllj the rules ofpr0fessional responsibility adopted, in Texas, Document Retention We may choose to keep: records: pertaining to this: Matter in partially- or eXCILISively 11 1 electronic format. And we will bear ordinary costs relating to the treannent and: storage of such records as part of the cost of providing, legal services to you. Upon completion of our work on 7-779147: