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Res 2019-133/approving an engagement agreement with the Law Firm of Russell Rodriquez Hyde Bullock, LLP to provide specialized legal counsel and represent the City before State Agencies when necessary in various utility matters
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Res 2019-133/approving an engagement agreement with the Law Firm of Russell Rodriquez Hyde Bullock, LLP to provide specialized legal counsel and represent the City before State Agencies when necessary in various utility matters
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8/23/2019 9:40:37 AM
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8/21/2019 1:47:48 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2019-133
Date
8/6/2019
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Payment must be made to the Firm at 1633 Williams Drive, Building 2, Suite 200, Georgetown Texas, 78628. We will <br />include all information reasonably requested by you on all invoices and will reference any purchase order number provided <br />by you. Payment and interest, if any, will comply with the Prompt Payment Act (Texas Government Code Chapter 2251), <br />if applicable, for any final invoices. If you have any question or disagreement about any invoice that we submit to you for <br />payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, <br />such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. <br />Termination of Services. You have the right at any time to terminate our employment upon written notice to us, and if you <br />do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters <br />or terminate our attorney-client relationship with you at any time that payment of your account becomes delinquent, subject <br />to Court approval if necessary. If you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with <br />us, we reserve the right to withdraw from representing you upon short notice, regardless of the status of your matter. No <br />termination, whether by you or by us, will relieve you of the obligation to pay fees and expenses incurred prior to such <br />termination. <br />Retention of Documents. Although we generally attempt to retain for a reasonable time copies of most documents in the <br />possession of this Firm related to the matter(s) described in Exhibit A, we are not obligated to do so indefinitely, and we <br />hereby expressly disclaim any responsibility or liability for failure to do so. We generally attempt to furnish copies of all <br />documents and significant correspondence to you at the time they are created or received, and you agree to retain all <br />originals and copies of documents you desire among your own files for future reference. This document serves as notice <br />to you that we will destroy such materials in accordance with the Firm's record retention policy, which may be amended <br />from time to time and a copy of which will be provided at your request. It is our Firm's policy to destroy all copies, whether <br />in paper or electronic form, of materials in connection with the representation four (4) after the completion of our work <br />relating to this engagement or the completion of a particular project under this engagement, unless and to the extent an <br />exception recognized in our document retention policy or other legal requirement applies to some or all of the subject <br />materials and requires retention for a longer period of time. The Firm also reserves the discretion to retain its records of <br />pertinent documents relating to its ongoing representation of a client, e.g, in a general counsel capacity. If you would like to <br />obtain copies of materials in the Firm's possession related to this matter prior to the scheduled destruction of the materials, <br />please notify the Firm. Because you will have been furnished with copies of all relevant materials contained in our files <br />during the course of the active phase of our representation, if you later ask us to retrieve and deliver materials contained <br />in a file that has been closed, you agree that we will be entitled to be paid a reasonable charge for the cost of retrieving the <br />file, and identifying, reproducing, and delivering the requested materials to you. <br />Fee Estimates. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with <br />particular matters. Our attorneys do their best to estimate fees and expenses for a particular matter, when asked to do so. <br />However, an estimate is just that: the fees and expenses required are ultimately a function of many conditions over which <br />we have little to no control, especially in litigation or negotiation situations where the extent of necessary legal services may <br />depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific <br />matter, all estimates made by us will be subject to your agreement and understanding that such estimates do not constitute <br />maximum or fixed -fee quotations and that the ultimate cost is frequently more or less than the amount estimated. <br />Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, <br />United States of America, without giving effect to its choice of law provisions. Venue of any case or controversy arising <br />under or pursuant to this Agreement will be exclusively in Hays County, Texas, United States of America. <br />Page 2 of 5 <br />
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