Res 2023-059/approving the selection of Attorney Bradford E. Bullock of Messer Fort & McDonald PLLC, as

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' Pa- � � �- s` MESSER*FORT* cDONALD FRISCO I DALLAS I AUSTIN I ABILENE March 15, 2023 Barbara L. Quirk,Interim City Attorney City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 RE: Legal Services Agreement Dear Ms. Quirk: Messer,Fort&McDonald,PLLC("MFM"or"Firm")and I appreciate the opportunity to represent the City of San Marcos on litigation matters. This letter outlines some of the specific terms of our engagement. If you have any questions about these matters,please call me. 1. Client: Our client will be the City of San Marcos — Litigation Counsel. Our representation in this matter is limited to the City of San Marcos—Litigation Counsel and the term"Client"does not include, and we do not represent, any other entities or individuals. 2. Scope of Work: The City of San Marcos hereby engages MFM to perform the following services: a. Litigation Counsel to the City of San Marcos for certain assigned civil litigation matters,including a civil appeal by James Reece filed in the Court of Appeals for the Third District of Texas in Austin, Appellate Court Number 03-23-00088-CV, Trial Court Number 22-1388, and other work as assigned. b. Perform any other services mutually agreed upon by the City of San Marcos and MFM; however, either party may request an addendum to this Agreement in a form mutually agreeable to the parties prior to the provision of additional services hereunder. 3. Conflicts: MFM represents that it has reviewed its records and has no conflicts of interest involving the City of San Marcos—Litigation Counsel. MFM will do all within reason necessary to prevent and avoid any situation that might constitute a conflict. In the event a conflict arises,MFM shall promptly advise the City of San Marcos of such, in writing, and shall notify the City of San Marcos of MFM's proposal to resolve the conflict. 4. Personnel: MFM has over twenty attorneys, including six partners, in its North Texas office and three partners in its Austin office.Bradford Bullock will fulfill the duties will have the primary responsibility for providing or supervising services for the City of San Marcos. Other MFM lawyers (including less experienced lawyers or contract lawyers selected by MFM)and legal assistants may be involved when MFM believes it would be beneficial or is necessary to serve the City of San Marcos, but Bradford Bullock will be the primary contact on matters assigned to MFM under this Engagement Agreement. Attorney resumes can be viewed at www.txmunicipallaw.com. 5. Results: Any views MFM expresses about a likely outcome are only expressions of judgment, we do not make representations or guarantees to the City of San Marcos as to the probability of ultimate success or any particular result.