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