1993-187W , E:\WPDOCS\ORD\HAYNES
ORDINANCE NO. ?e
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROJECT ENGAGEMENT
AGREEMENT WITH HAYNES AND BOONE, L.L.P. FOR PROFESSIONAL LEGAL SER-
VICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PRO-
VIDING 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 project engagement 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 J~day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:l
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 Gibson 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 $160.00 per hour of Springer's work.
2. Hourly fee of $115.00 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 November 30, 1994.
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 is solely responsible for all court costs, investigation
fees, deposition expenses, and other items of expense, long dis-
tance telephone calls, photostatic copies and certified mail
expenses. Client agrees to reimburse Attorneys upon receipt of
invoices for such expenditures. Attorneys shall direct invoices
to: City Attorney, Municipal Building, 215 East McKinney, Denton,
Texas 76201. Expenses shall be reimbursed with payments of
Attorneys' statements. Attorneys agree to submit, upon request, a
detailed breakdown of expenses.
If Client fails to pay any amount due Attorneys within twenty
(20) days of demand, Attorneys may terminate the relationship of
attorney/client and withdraw as Client's attorneys without further
responsibility to proceed in its behalf. Client may terminate
Attorneys' services at any time.
Attorneys and client agree that Firm shall not bill more than
$28,000 for personnel related legal advice, excluding representa-
tion of the City in Gibson v. City, without City's prior consent.
Amounts recovered from the opposing party for attorneys' fees
and court costs shall be credited against the amounts owed by
Client to Attorneys, but only when such amounts are actually
received by Attorneys.
SIGNED this /_~r/day of (~CXzx , 1993.
HAYNES AND BOONE, L.L.P. CITY OF DENTON, TEXAS
BY: 1 BY:
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