HomeMy WebLinkAboutRes 01-38 Appointing Akin, Gump, Strauss, Hauer & Feld, LLP to Represent the Town in Legal and Legislative MattersTOWN OF 'WESTLAKE
RESOLUTION NO. 01-38
A RESOLUTION OF THE BirL)ARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPOINTING AKIN, GUMP, STRAUSS, HAUER &
FELD, L.L.P. TO REPRESENT THE TOWN IN LEGAL AND LEGISLATIVE
MATTERS.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas,
hereby appoints Akin, Gump, Strauss, Hauer & Feld, L.L.P. to represent the Town in
legal and legislative matters.
SECTION 2: That this Resolution shall 'become effective from and after the date
of its passage.
PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2001.
ATTEST:
Gingee Crosswy, Tova ecretary
APPROVEP-AS TO FORM:
Scott Bradfey, Mayor
Trent O. Petty, Town ager
AKIN, Gump, STRAUSS, HAUER & FELD, L.L.P.
ATr'ORNEYS AT LAW
AUSTIN
A REGISTERED LIMITED LIABILITY PARTNERSHIP
BRUSSELS
INCLUDING PROFESSIONAL CORPORATIONS
DALLAS
FROST BANK PLAZA
HOUSTON
816 CONGRESS AVENUE
LONDON
SUITE 190Q
LAS ANGELES
AUSTIN. TEXAS 7870 1
MOSCOW
NEWYORK
(512) 499-6200
PHILADELPHIA
FAX (512) 703-1 1 1 2
SAN ANTONIO
www.akingump.com
WASHINGTON. D.C.
WRITER'S DIRECT DIAL NUMBER 5 1 2-499-6238
RIYADH — tN AFFILIATION WITH
WRITER S E-MAIL ADDRESS jrichardson@akEngump.com
THE LAW OFFICE OF ABDULAZIZ H. FAHAD
September 7, 2001
VIA U.S. MAIL
Mr. Trent Petty, Town Manager
City of Westlake
3 Village Circle - Suite 207 Solana
Westlake, Texas 76262
Re: Proposal and Engagement Letter --Legislative Representation of Town of Westlake
Dear Trent:
The engagement by and between the Town of Westlake ("Westlake" or the "Town") and my law firm,
Akin, Gump, Strauss, Hauer & Feld, L.L.P. ("Akin Gump" or the "Firm") will come to an end as of
September 31, 2001, pursuant to the letter agreement between us that we signed last year. We have
enjoyed representing the Town and appreciate your confidence in our abilities and commitment to our
clients.
This letter shall serve as a proposal to Westlake to continue our business relationship and for the Firm to
continue to represent the Town in legal and legislature matters, particularly before the Texas Legislature.
The approval of the Town by signature below will authorize the Firm to represent Westlake as needed, on
legislative matters or matters related to state government generally, on an ongoing basis, until canceled by
one of us as provided in this proposal and engagement letter.
We propose a two-part fee arrangement. During the Session years (odd -numbered years), Westlake
would commit to pay the Firm a retainer of $60,000, split between monitoring and advocacy activities,
but payable together in the amount of $5,000 per month. This is the same fee we agreed to for the 2001
Session of the Texas Legislature. During the non -Session years (even -numbered years) the Town would
pay the Firm for its services as needed, on an hourly rate basis. We anticipate that during the non -Session
years we would monitor interim committee activity that affects the Town as well as any other activity in
which Westlake has an interest, such as the audit to be conducted by the Comptroller's office. If the Town
agrees with this proposal, we would suggest that during October -December, 2001, we bill the Town for
any work we do at our usual hourly rates, as we will do for the twelve months of 2002. In January, 2003,
we would commence billing the Town the legislative retainer set forth in this letter.
Our renewed engagement would begin October 1, 2001, and be terminable by either of us upon thirty (3 0)
days notice to the other, and we would expect our fees and expenses incurred up to the termination date to
Akin, Gump, Strauss, Hauer & Feld
Trent Petty
September 7, 2001
Page 2
be paid. If the Session has already begun when we receive notice of termination, however, the balance of
the entire fee would become due and owed, and we would send Westlake an invoice for that amount.
We understand that we may bill Westlake also for expenses incurred directly on the Town's behalf such as
copying, telephone calls, faxing, travel costs, and secretarial or legal assistant overtime, if necessary, as
well as a share of overall program costs such as the firm's subscription to the legislative service. In
addition, we will charge Westlake for necessary and appropriate expenses.
Akin Gump represents numerous clients at any one time, and conflicts between clients sometimes arise
during a legal representation. With this engagement, the Town is agreeing that it waives any conflicts
that may exist or that may occur during the Firm's representation of Westlake.
As you know, the Firm has developed a set of Standard Terms of Engagement and requires each client to
agree to comply with such terms. You have already acknowledged receipt of our policy and we are not
attaching another copy of the Terms to this engagement letter. By signing this letter, you are agreeing to
abide by the Terms during the engagement period.
If this letter is acceptable to you and the Town, please have both copies signed and return one copy to me.
We are enthusiastic about working together with you and Westlake, and look forward to a continuing and
successful relationship.
Sincerely,
Jody Richardson
The undersigned has read and approved this engagement letter this L L day of
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