HomeMy WebLinkAboutContract 59377CANT EY HANGER LLP
MARY H. BARKLEY
SOARD C ERTIF IED -Crvn. APPELLATE L AW
TEXAS SOARD OF LEGAL SPECTALIZA TION
D IRECT: 817.8 77 .2889
EMAIL: MBARJ<LEY@cANTEYHANGER.COM
ATTORNEYS
April 25 , 2023
Via email: Christopher.M os ley@ fo rtw orthtexas.gov
City of Fort Worth
c/o Leann Guzman
City Attorney
Chris Mosley
Senior Assistant City Attorney/Section Chief for General Litigation
City Attorney 's Office
2000 Texas Street
Fort Worth , Texas 76102
Re: Outside Legal Counsel Engagement -Pier 1 Building
Ladies and Gentlemen:
C ANTEY HANGER PLAZA
600 W EST 6™ STREET, SUITE 300
FORT WORTH, TEXAs76102-3685
MAIN: 817.877 .2800
FAX : 817.877.2807
Thank you for contacting me ("Attorneys ") about evaluating and pursuing claims
against various parties involved in the Pier 1 Building transaction (the "Adverse Entities ")
relating to survey errors , negligence, breach of contract, or misrepresentations associated
with the City 's purchase of the property known as Lot IR, in Block 1, of Pier 1 Addition ,
an addition to the City of Fort Worth, according to the plat thereofrecorded under Clerk 's
F ile No. D216146734 of the Plat Records of Tarrant County, Texas (the "Pier 1 Building").
We agree to represent the City against one or more of the Adverse Entities for the purpose
of recovering the damages incurred by the City as a result of the mis-reported floodway
line (the "Engagement").
I. Scope of Engagement
You agree that we do not and cannot guarantee a successful outcome of any claim.
While we plan to vigorously prosecute any claims the City may have , you also
acknowledge that the Attorneys have little control over the administration by a court of its
docket and that dockets are generally crowded. We also do not have any current
information on whether the Adverse Parties are capable of paying any judgment or costs
assessed against them and the City acknowledges this risk.
DALLAS • FORT WORTH
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iii MERITAS • -
• AUS TI N • MIDLOTHIA~
OFFICtAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Port Worth
April 26 , 2023
Page 2 of
You agree that our primary point of contact at the City shall be Chris Mosley,
Section Chief for General Litigation .
This Engagement will begin when the first legal services are performed on your
behalf. This Engagement will terminate at the earlier of (1) your termination of the
representation, (2) the Attorneys ' written withdrawal from the representation, or (3) the
completion of the Attorneys ' substantive work for y ou which, in the absence of a letter
notifying you of the completion of such Engagement, shall be presumed to occur six
months after the service of the final bill. This Agreement is not intended to create, nor
should it be construed to create any relationship between the Parties other than that of
independent contractors. Attorneys do not have any actual or implied authority to bind the
City, contractually or otherwise, unless specifically authorized to do so in writing.
Above all , our relationship with you must be based on trust, confidence, and clear
understanding. If you have any questions or concerns at any time about this engagement
letter or the work that the Attorneys, or any attorney at the Firm , is performing on your
bep.alf, please call me on my direct line at (817) 877-2889 to discuss the matter. You may
terminate this representation at any time, with or without cause. Subject to the application
of Texas Disciplinary Rule of Professional Conduct I. 15, the Attorneys also reserve the
right to withdraw, if among other things, you fail to make timely payment of any invoice,
fail to cooperate appropriately with the Attorneys in connection with the Engagement, or
by reason of any fact or circumstance arises that, in the Firm 's view, renders our continuing
representation unlawful or unethical. Any termination of our representation of you would
be subject to such approval as may be required from any court(s) in which we are appearing
on your behalf. In the event of termination of either by us , fees and costs for work
performed prior to termination will still be payable to the extent permitted by law.
Throughout the term of this Engagement, the Attorneys shall maintain professional liability
insurance in value(s) and amount(s) commensurate with reasonable market practices for
F ort Worth, Texas.
The City acknowledges it has a copy of the Texas Lawyers Creed and understands
that Attorneys are committed to abide by that Creed. The State of Bar investigates and
prosecutes professional misconduct by Texas attorneys. Although not every complaint or
dispute with an attorney involves professional misconduct, the Office of General Counsel
of the State Bar will provide information on how to file a complaint. Please call 1-800-
932-1900 for more information.
City of Fort Worth
April 26, 2023
Page 3 of
II. Fees for Services
Our fees are based on the amount of time we spend on this Engagement. Each
attorney, legal assistant and other timekeeper assigned to this Engagement will have an
hourly billing rate. These billing rates , which are set based upon seniority and expertise,
are subject to adjustment annually, but in any event not sooner than the end of each calendar
year, and we will notify you of these changes thirty days in advance of their going into
effect.
Our fees for legal services are based primarily on the standard hourly rates in effect
for each lawyer and legal assistant in our firm at the time the services are rendered. Our
current hourly rates vary from $100 per hour to $150 per hour for legal assistant time and
from $250 per hour to $650 per hour for time spent by attorneys. At this time, it is
contemplated that Philip Vickers and I will work on this matter at the rate of $495 per hour
and Brian Newby will work on this matter at the rate of $525 per hour. I will serve as the
primary attorney point of contact on this matter. Fees will be billed and payable on a
monthly basis.
m. Billing for Independent Vendors' Services
If this Engagement requires the services of outside vendors, those vendors will send
us a bill. Invoices under $100 will be paid by the Firm and then separately billed to you .
Invoices over $100 will be forwarded to you for direct payment to the vendor. Please be
sure to pay these bills promptly, because slow payment can interfere with our ability to
represent you and to arrange for necessary services on your behalf. The Attorneys shall not
undertake the services of an outside vendor without prior written approval of the City if
those services individually or in the aggregate are anticipated to exceed $100.
IV. Presumptions Regarding Fees and Services
If, upon receipt of a bill for services rendered from the Firm or at any other time,
you believe that the expenses are mounting too rapidly , that the fees are unreasonable, or
that the services rendered are unreasonable, please let us know as soon as possible. If we
do not hear from you regarding these issues , we will presume that you agree that the fees
and services are reasonable.
V. Confidentiality
Please remember that most communications between you and our firm relating to
your legal matters are confidential and protected from disclosure by the attorney-client
City of Fort Worth
April 26 , 2023
Page 4 of
privilege. We are always mindful of our obligation to protect our clients ' secrets and
confidences. We take this duty very seriously and, except to the extent permitted by the
applicable rules of professional conduct, we will not disclose any of your confidential
information to any other client or person. Accordingly, it is important that we agree from
the outset what kinds of communications and technology we will employ in the course of
the Engagements. You have provided information which permits us to communicate with
you in a confidential manner via U .S . mail and e-mail. Please note that, absent any written
direction from you to the contrary, we will not use any encryption or other special
protections with e-mails sent to the address you designate. Please notify me if you have
any other requests or requirements in connection with the methods of communication
between us.
Please be aware that the privilege potentially can be lost, and that all your
communications to us potentially may be discovered, if you relate to any third party the
substance of your communications to us or our advice to you. For this reason, you should
not discuss with any other person your communications to us or our communications to
you, regardless of whether that person is a friend , family member, competitor, adversary,
or acquaintance. If you have any questions regarding of how to protect the confidentiality
of our relationship, please let us know.
We also understand that, due to the public nature of the Engagement, the City may
receive open records requests associated with this matter. The City agrees to forward such
requests to the Attorneys and work with the Attorneys regarding a response to same to
ensure privileges are maintained.
VI. Records and File Retention
All records and files will be retained and disposed of in compliance with our policy
in effect from time to time. Subject to future changes, it is our current policy not to retain
records relating to a matter for more than five years from the date the matter is closed.
Upon your prior written request, we will return records you provided to us back to you
prior to destruction . It is not administratively feasible for us to advise you of the closing
of a matter or the disposal of records. We recommend, therefore, that you maintain your
own files for reference or make written request for our files at the conclusion of a matter.
If you have any questions concerning our records retention policies, please contact us.
VII. Amendment
The provisions of this letter may only be amended in writing, signed by both parties.
City of Fort Worth
April 26, 2023
Page 5 of
We set forth the terms and conditions of this Engagement candidly because we
believe that you are entitled to know our policies and because this type of frank discussion
will avoid any misunderstandings later. We sincerely appreciate the opportunity to
represent you and look forward to a mutually beneficial relationship.
If the terms and conditions set forth in this letter are acceptable to you, please sign
below and return this letter to us. If the terms and conditions set forth in this letter are not
acceptable to you, please contact me to discuss.
The engagement is effective April 11, 2023.
City of Fort Worth
D
City Manager
Approved as to form and legality:
17 Leann G an
City Attorney
Attest:
Sincerely,
V\f'J\ ~/
Mary H. Barkley cj
Attorneys:
Mary H . Barkley d
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX