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

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March 16,2023 Page 3 filing and recording fees, litigation costs,and charges for extraordinary items which may be generated by the particular demands of the project involved. If experts or consultants are retained or if other support services are required, e.g., mediators, engineers, court reporters, investigators, etc., these individuals or firms will be retained based upon the City of San Marcos consent. The City of San Marcos will be responsible for paying the fees of these individuals or firms, and such payments should be made within thirty days of receipt of their invoice or MFM's invoice containing the charges for the third party. We will advise these individuals or firms that they are being retained by and for the benefit of the City of San Marcos and that the City of San Marcos is responsible for payment of their fees. If the City of San Marcos has a question about MFM's billing procedures or statements, please ask Bradford Bullock.MFM prefers that questions be raised as soon as possible so that we can address the concerns and be certain the City of San Marcos understands our procedures and our statements and is fully satisfied with them. 10. Termination: Either party may terminate our representation at any time by notifying the other in writing. In either case, MFM's withdrawal will be accomplished pursuant to applicable ethical requirements. Upon termination of the representation,the City of San Marcos will be obligated to pay for all services rendered and expenses incurred. 11. Amend ments/Modifications: The City of San Marcos and MFM may amend or modify this Agreement so long as such amendment or modification is reduced to writing and is mutually agreed upon by the City of San Marcos and MFM. 12. Independent Leal Review: MFM has written this engagement letter on its own behalf. Please feel free to seek independent legal advice from legal counsel of your choosing in order to review this engagement letter. MFM wishes to provide you ample opportunity to consult with independent counsel,we do not require that you return a signed copy of this letter immediately. 13. Attorney Complaint Information: MFM intends to maintain the high standard of ethical conduct towards the City of San Marcos and others as set out and enforced by the State Bar of Texas. If for any reason the City of San Marcos believes an attorney in MFM has violated the written rules of professional conduct for lawyers and/or has questions prior to filing a grievance, the City of San Marcos may either contact the Office of the Chief Disciplinary Counsel of the State Bar of Texas by calling 1-866-224-5999 (toll free) or writing to P.O. Box 12487, Austin, Texas 78711-2487. Please note that by signing the grievance form any attorney-client privilege which would otherwise keep discussions between your attorney and you confidential will be waived. 14. Press Inquiries: From time to time, we may receive media inquiries concerning the City of San Marcos.Applicable ethical requirements may preclude or limit our response to those inquiries. Subject to ethical limitations, MFM will abide by your instructions concerning whether and in what manner we respond to media inquiries. In the absence of specific instructions,we will respond to such inquiries in accordance with our best judgment, revealing non-confidential information when it is ethical to do so and appears to advance the City of San Marcos' interests. 15. Electronic Mail: In the course of our representation,we may have occasion to communicate with you or with others by electronic mail. Such communications will not be encrypted. Although interception