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HomeMy WebLinkAboutRes 16-17 WA Approving an Agreement with Underwood Law Firm for legal services WESTLAKE ACADEMY RESOLUTION NO. 16-17 A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY AUTHORIZING THE SUPERINTENDENT INTO AN AGREEMENT WITH THE UNDERWOOD LAW FIRM FOR LEGAL SERVICES RELATED TO WESTLAKE ACADEMY. WHEREAS,the Academy attained Bracket & Ellis for legal services in 2008 using Janet S. Bubert as the primary Attorney; and WHEREAS, the Board of Trustees desires to continue service with Mrs. Bubert at the Underwood law firm; and WHEREAS, the Board of Trustees has authorized the Superintendent to terminate legal services related to the Academy with Brackett& Ellis; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy does hereby authorize the Superintendent to execute the agreement attached as Exhibit "A" with the Underwood law firm to perform legal service related to the Academy. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 16-17 Page I of 2 SECTION 4: This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 121h DAY OF SEPTEMBER 2016. Laura heat, Mayor ATTEST: Kelly)EdwaWs, Secretary Tom Brymer, o n Manager APPROVED AS TO FORM: A'-Jan S. Bubert r L. Stanton Lowry, Sc ool Attorney Resolution WA 16-17 Page 2 of 2 TIT- iUN DE RWOOD iI ATTORNEYS AT LAW JANET S.BUBERT ADDRESS: Phone:817.885.7529 1008 Macon,Suite 101 Fax:817.977.0880 Fort Worth,TX 76102 www.uwlaw.com JaneLBubert@uwlaw.com September 12,2016 Mr.Tom Brymer, Superintendent and Board of Trustees of Westlake Academy 3 Village Circle, Ste.202 Westlake,Texas 76262 Re: Agreement for Legal Services of Underwood Law Firm(this"Agreement") Dear Trustees and Mr. Brymer: I am pleased the Westlake Academy Board of Trustees will consider retaining the Underwood Law Firm at its September 12, 2016 Board Meeting. If Underwood is approved by the Board at the meeting, and upon the Board President signing this Agreement, this Agreement will govern the terms of our representation of the Academy. For the legal services assigned to Underwood by the Academy, I will be the primary lawyer who works with the Academy, but other Underwood lawyers are also available to assist as needed.This agreement is for work on an hourly basis and certain other financial arrangements set forth herein. Under the Agreement, work performed by attorneys will be billed at $275.00 an hour, and paralegals will be billed at $100.00 an hour. Services in this agreement include, but are not limited to, representation for general school law matters for Westlake Academy. The Academy can terminate the Agreement on written notice at any time. Subject to any ethical requirements,our firm could likewise terminate the Agreement on written notice. Material terms of the Agreement are: 1. Benefits of Relationship with Underwood. During the term of this relationship, the Underwood Law Firm will use its best efforts to undertake the following: • Firm lawyers will maintain memberships in the Council of School Attorneys and the National School Boards Association. • Firm lawyers will attend the annual meeting and continuing legal education program of the Council of School Attorneys held in conjunction with the TASA/TASB annual convention. • At least one lawyer will attend the University of Texas continuing legal education program. UNDERWOOD LAW FIRM, P.C. AMARILLO FORT WORTH HEREFORD LUBBOCK PAMPA PLANO Westlake Academy September 12,2016 Page 2 • Regular Client Alert emails on school law issues. The Academy will not be charged directly or indirectly for these items. 2. Confidentiality. As a general rule, communications between a lawyer and the lawyer's client, in this case the Academy,are privileged communications. To protect this privilege, we urge the Academy to take every effort to maintain the confidentiality of the communications from the Underwood Law Firm. We recognize that, as a governmental entity, the public has a right to access many of the Academy's records. While this is the case we urge trustees and administrators to consider the attomey-client privilege as any records are delivered. 3. Billings and Payments. We send a statement for services rendered approximately every thirty (3)0) days. The full amount of the statement is payable thirty (3)0) days from the date of the statement. 4. Communications. We will accept assignments for legal services from the Superintendent, Board President, or others duly authorized to make such an assignment by the Superintendent or the President of the Board. As appropriate, the Academy will inform its employees of its relationship with counsel and direct its employees to consult with counsel as directed by the Superintendent or his designee. After you have reviewed this letter, and if its terms are acceptable to the Academy, please have the Agreement executed by the Board President or an authorized officer of the Academy and return it me. Please retain a copy of the fully executed letter for your records. Thank you for your interest and confidence in Underwood. I look forward to the opportunity to continue to work with you. Respectfully, Janet S. Bubert WESTLAKE ACADEMY Mayor Laura Wheat, Board President RES WA 16-17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-133093 Underwood Law Firm,P.C. Amarillo,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/04/2016 being filed. Westlake Academy Charter School ]Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 23376 Legal Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Rhodes,Alan Amarillo,TX United States X Utsinger, Kelly Amarillo,TX United States X Gadberry, Gavin Amarillo,TX United States X Stormer, Fred Amarillo,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. **;" ROXANN D. SILLIVENT .,4 Notary Public ': � STATE OF TEXAS Notary ID#106686.6 ``• My Comm.Exp.March 19,2017 Sig ure of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Q-O-Y\,-t Cat t ti this the tK day of-K n kK v,)Y 20 (�L ,to certify which,witness my hand and seal of office. �/1�!(,�(�_t✓1 11 C7 t, A V4-Ayr I\Jo . u Public, Signature of officer administering oath Printed name of officer administering oath Title of officer adi inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-133093 Underwood Law Firm, P.C. Amarillo, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/04/2016 being filed. Westlake Academy Charter School Date Acknowledged: 09/25/2019 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 23376 Legal Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Stormer, Fred Amarillo,TX United States X Gadberry, Gavin Amarillo,TX United States X Utsinger, Kelly Amarillo,TX United States X Rhodes,Alan Amarillo,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Underwood Law Firm,P.C. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. Underwood Law Firm,P.C.is a general practice law firm.As such,from time to time we may provide legal services or counsel to a local government officer of Westlake Academy or his/her family member. There is no direct employment relationship between the Underwood Law Firm,P.C.and any local government officer or a family member of a local goverment officer of Westlake Academy. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes a No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? a Yes Fx I No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. N/A s ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 November 4,2016 Signature If)vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015