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 4 of such communications by a third party would constitute a violation of federal law, we can offer no assurance that such interception will not occur. We will abide by any instructions you may give us concerning electronic mail communications; in the absence of such instructions, we will use our own judgment regarding the advisability of using such means of communication. 16. Miscellaneous: Duplicate counterparts of this Agreement may be or may have been executed by the parties hereto.Each such executed copy or counterpart shall have the full force and effect of an original executed instrument. Any notice or communication required or permitted hereunder shall be in writing, and shall be sent by (a)personal delivery (provided that such delivery is confirmed by the courier delivery service), or(b) expedited delivery service with proof of delivery,or by United States mail,postage pre-paid,registered or certified mail, or(c)pre-paid facsimile, addressed as follows: If to the City of San Marcos If to the Firm: Barbara L. Quirk, Interim City Attorney Messer,Fort&McDonald,PLLC City of San Marcos Attn: Bradford E. Bullock 630 E. Hopkins 4201 W. Parmer Ln., Ste. C-150 San Marcos, Texas 78666 Austin, TX 78727 or to such other address or for the attention of such other person as thereafter shall be designated in writing by the applicable parties sent in accordance herewith. Any such notice or communication shall be deemed to have been given at either the time of personal delivery or,in the case of delivery service or certified or registered mail, as of the date of deposit or delivery to the United States Postal Service or expedited delivery service in the manner provided herein, or, in the case of facsimile, upon receipt. Any notice required by this Agreement shall be void and of no effect unless given in accordance with the provisions of this paragraph.Either party hereto may change the address for notice specified above for giving the other party two (2) days' advance,written notice of such change of address. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Travis, Texas. This Agreement is executed by the authorized agent of the City of San Marcos and MFM, effective as of the date first above written. 17. Texas Lawyer's Creed: On November 7, 1989,the Texas Supreme Court adopted the Texas Lawyer's Creed-a Mandate for Professionalism.Paragraph 11,subparagraph 1 of the Creed requires us to advise you of its contents when we undertake representation. A copy of the Creed is enclosed. We intend to abide by the Creed. If the City of San Marcos agrees with the foregoing, please sign and return one enclosed copy of this letter and retain the other copy for your records to be effective upon execution. Again,we appreciate you employing Messer, Fort& McDonald, PLLC to represent you and we look forward to working with you and establishing a mutually beneficial relationship.