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1995-095j:\wpdocs\ord\haynes ORDINANCE NO. ~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HAYNES AND BOONE, L.L.P. FOR PROFESSIONAL LEGAL SERVICES; AUTHORIZ- ING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and authoriz- es the Mayor to execute an Agreement between the City of Denton and Haynes and Boone, L.L.P. to provide legal services under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement. SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the _~X'~ day of ~~__, 1995. BOB CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY :~~.~ .~/~~~:~ APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK,.~AC%IN~G CITY ATTORNEY / CONTRACT OF EMPLOYMENT AND AUTHORIZATION The undersigned, ("Client"), employs the law firm of HAYNES AND BOONE, L.L.P., 1300 Burnett Plaza, Fort Worth, Texas 76102-4706, ("Attorneys"), to perform all legal services which, in Attorneys' judgment, are reasonably necessary to properly manage the following legal matters: Represent the City's interest in Ervin v. City, and render advice on various personnel matters, as consulted by the City Attorney and Director of Human Resources. Client authorizes said Attorneys to file pleadings on its behalf, negotiate on its behalf, and to take such other legal steps and procedures as may be appropriate in handling its legal matters. Client acknowledges that the Attorneys have told Client that they can make no guarantees of a successful or satisfactory outcome of the dispute. In consideration of the employment of Attorneys, Client agrees to pay Attorneys as follows: 1. Hourly fee of $175.00 per hour of Springer's work. 2. Hourly fee of $125.00 per hour for associate's work. 3. Hourly fee of $60.00 per hour for Legal Assistant's work. These rates shall be effective through December 31, 1995. Thereafter, Attorneys may, with notice to Client, adjust billing rates every December. Client will be charged a fee equal to the number of hours worked times the hourly fee applicable. It is understood that Bettye springer will be responsible for the litigation and that she shall be the primary attorney in the firm rendering legal services. Client i~ solely responsible for all court cos=s, in~eStiga%ion fee~, deposition expense~, and other items of expense, long tahoe telephone calls, photostatic copies and cer~ified mail expenses, client agrees t~ reimburse Attorneys upon receipt invoices ~or ~uch expenditures. Attorneys shall direct invoices to: city Attorney, ~nicipal Buil~ing, 21$ East McKinney, Denton, TeXas 76201. ~penses shall be relmburs~d with pa~nt~ of Attorney~' s~atemen~s. A~torneys agree ~o s~it, upon request, a detaile~ bre~down of expenses. If Client fmil~ to pay any amount d~e AttOrneYm within (20) days o~ demand, A=uorneys ~ay resinate the r~la=ionship of a~orney/clien~ and withdraw as Client's a~=orneys wi=hour fur=her re~ponsibilitY ~ proceed in i~s behalf. Cli~n= may resinate At=orney~' services at any time. ~ount~ recovered fr~m th~ opposing party for a=t~rney~' fees client to Attorneys, bu~ only when such amounts arm ~N;S ~D ~OON~, L.L.P. CITY OF D;NTON, PAGE 2 09/R3/OB ~0~ 10:24 [TX/RS ~0 6o11]