HomeMy WebLinkAboutRES 032811-C - MUD 19 Contested HearingRESOLUTION NO. 0 3(2 I
A RESOLUTION PERTAINING TO THE REQUEST FOR A WATER QUALITY
PERMIT FROM THE WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 WHO DESIRE TO DISCHARGE TREATED WASTEWATER
INTO SOWES BRANCH OF THE NORTH FORK OF THE SAN GABRIEL
RIVER, THE CITY'S OPPOSITION THERETO, THE CITY'S REQUEST FOR A
PUBLIC MEETING, AND A CONTESTED CASE HEARING AND
COORDINATION WITH THE CITY OF LIBERTY HILL AND OTHER PUBLIC
ENTITIES THAT MAY SIMILARLY OPPOSE THERETO, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown, in accordance with the San Gabriel Regional Wastewater
Master Plan of 2005, is committed to regional wastewater solutions within the San Gabriel River
Basin, and
WHEREAS, Publicly owned and operated wastewater treatment facilities currently exist within the
local area of Williamson County MUD No. 19, and
WHEREAS, Williamson County MUD No. 19 has filed an application as delineated in Exhibit "A"
as to discharge wastewater into Sowes Branch, a tributary of the North Fork of the San Gabriel
River, which will also flow into Lake Georgetown, and
WHEREAS, the City Council is opposed thereto, and
WHEREAS, it is expected that the City of Liberty Hill will also file an opposition;
NOW THEREFORE BE IT RESOLVED
Section One: The facts and opinions in the preamble are true and correct.
Section Two: The City Council approves the following action:
• lhe City Manager and City Attorney will take such action as to request a public meeting
and a contested case hearing as to oppose the application.
The City Manager is authorized to enter into an agreement with Russell & Rodriguez,
L.L.P., in substantially the same form as delineated in Exhibit "B ' with costs expected to be
shared by the City of Liberty Hill and by other entities that may similarly oppose the
Application.
I'he City will work with Liberty Hill and any public entity interested in sharing in costs
associated in this effort for legal representation and experts as to oppose the Application.
The cost sharmg relationship will be on a equitable pro-rata basis, as determined by the
parties, with a proportionate adjustment as other parties join the coalition as to oppose the
Application.
Section 3. Expenses incurred under this Resolution will be funded from the Water Services
Fund in an amount not to exceed 550,000.00 without express City Council approval.
Section 4. This Resolution shall be effective upon its adoption.
RESOLVED: this 078 day of
ATTEST:
sica Brettle, City Secretary
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
arCtri , 2011 by the Georgetown City Council.
THE CITY OF GEORGETOWN:
George G. Garver, Mayor
)(14 T
TE COMMISSION ON E ak£.RO £ FINAL •s =t;. ITY
NOTICE OF RECEIPT OF APPLICATION AND
INTENT TO OBTAIN WATER QUALITY PERMIT
PROPOSED PERMIT NO. WQoo15000001
APPLICATION. Williamson County Municipal Utility District No. 19, c/o Willatt &
Flickinger, 2001 North Lamar Boulevard Austin, Texas 78705, has applied to the Texas
Commission on Environmental Quality (TCEQ) for proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQoo15o0000l (EPA I.D. No. TXo132969) to
authorize the discharge of treated wastewater at a volume not to exceed an annual average flow
of 1,400,00o gallons per day. The domestic wastewater treatment facility will be located just
west of Ronald Reagan Boulevard, approximately 2.5 miles north of the intersection of Ronald
Reagan Boulevard and Highway 29 in Williamson County, Texas 78529. The discharge route is
from the plant site to Sowes Branch, thence to North Fork San Gabriel River. TCF,Q •received
this application on January 20, 2011. The permit application is available for viewing and copying
at the Liberty Hill Public Library, 355 Loop 332, Liberty Hill, Texas
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is
administratively complete and will conduct a. technical review of the application. After technical
review of the application is complete the Executive Director niay prepare a draft permit and will
issue a preliminary decision on the application. Notice of the Application and
Pre ` ° y ary Decision will be published and mailed to those who are on the county-
wide mailing list and to those who are on the mailing list for this application. That
notice will contain the deadline for submitting public comments.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or
request a public meeting on this application. The purpose of a public meeting is to
provide the opportunity to submit comments or to ask questions about the application. TCEQ
will hold a public meeting if the Executive Director determines that there is a significant degree
of public interest in the application or if requested by a local legislator. A public meeting is not a
contested case hearing
OPPORTUNITY FOR A CONTESTED CASE H r.°= G. After the deadline for submitting
public comments the Executive Director will consider all timely comments and prepare a
response to all relevant and material or significant public comments. Unless the application
is directly referred for a contested case hearing, the response to cormnents, and
the Executive Director's decision on the application, will be mailed to everyone
who submitted public comments and to those persons who are on the mailing list
for this application If comments are received, the mailing will also provide
instructions for requesting reconsideration of the Executive Director's decision
and for requesting a contested case hearing. A contested case hearing is a legal
proceeding similar to a civil trial in state district court
TO REQUEST A CONTESTED CASF HEARING, YOU MUST INCLUDE THE
FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number;
applicant's name and proposed permit number; the location and distance of your
property/activities relative to the proposed facility; a specific description of how
you would be adversely affected by the facility in a way not common to the general
public; and, the statement "[I/we] request a contested case hearing." If the
request for contested case hearing is filed on behalf of a group or association, the
request must designate the group's representative for receiving future
correspondence; identify an individual member of the group who would be
adversely affected by the proposedfacility or activity; provide the information
discussed above regarding the affected member's location and distance from the
facility or activity; explain how and why the member would be affected; and
explain how the inter ests the group seeks to protect are relevant to the group's
purpose.
Following the close of all applicable comment and request periods, the Executive Director will
forward the application and any requests for reconsideration or for a contested case hearing to
the TCFQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed issues of fact that are
relevant and material to the Commission's decision on the application. Further, the
Commission will only grant a hearing on issues that were raised in timely filed comments that
were not subsequently withdrawn
MAILING LIST. If you submit public comments, a request for a contested case hearing or a
reconsideration of the Executive Director's decision, you will be added to the mailing list for this
specific application to receive future public notices mailed by the Office of the Chief Clerk. In
addition, you may request to be placed on: (i) the permanent mailinglist for a specific applicant
name and permit number; and/or (2) the mailing list for a specific county If you wish to be
placed on the permanent and/or the county mailing list, clearly specify which list(s) and send
your request to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and
requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O.
Box 13087, Austin, TX 78711-3087 or electronically at
www.tceq.state.tx.us/about/cornments.html. If you need more information about this
permit application or the permitting process, please call TCFQ Office of Public Assistance, Toll
Free, at i-800-687-404o. Si desea information en Espafiol, puede Ilamar al 1-800-687-404o
General information about TCF,Q can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Williamson County Municipal Utility District
No. 19 at the address stated above or by calling Mr. Mike Willatt, Willatl & Flickinger, at 512-
476-6604
Issuance Date: March 4, 2011
)( (
CITY OF GEORGETOWN, TEXAS
OUTSIDE COUNSFL
ENGAGEMENT LETTER (Transactional)
Date: March 24, 2011
NAME & ADDRESS OF FIRM: Russell & Rodriguez, LLP
1633 Williams Drive, Suite 200
Georgetown, 7X 78628
Re: \Willlagnson Conn
Dear Arturo D. Rodriguez, Jr.:
19 Application for a TPDES Permit frown the TCEQ
This Engagement Letter confirms that Russell & Rodriguez, LLP (the "Outside Counsel") will represent
the City of Georgetown (the "City") in the opposition to the application by Williamswz. County MUD
109 for a TPDES Permit from the TCEO. Your acceptance of this representation (the "Representation")
becomes effective upon complete execution of this Engagement Letter.
Terms of Engagement
This Engagement Letter sets out the terms of Outside Counsel's engagement in the Representation. The
execution and return of this Engagement Letter constitutes an unqualified agreement to all the teens set
forth in this Engagement Letter, as well as its Exhibit A - Legal Matter 'hl ans,nittal Foi in and Exhibit B -
City of Georgetown Guidelines for Outside Counsel - Transactional, both of which are attached and
incorporated herein.
It is understood andagreed that your engagement is limited to the Representation as more fully described
in the ".Description of the Representation" on Fxl'iibit A. Outside Counsel is not being retained as general
counsel, and Outside Counsel's acceptance of this engage neat does not imply any undertaking to provide
legal services other than those set forth in this letter.
All aspects of Outside Counsel's representation shall be coordinated with the "Project Coordinator" listed
in Exhibit A and the City Attorney. The Project Coordinator shall make all strategic decisions regarding
this Representation in conjunction with the City Attorney, as necessary
Outside Counsel anticipates that it will be engaged by the City of Liberty Hill and possibly other parties
regarding this matter. Outside Counsel s fee will be split proportionately between the clients.
Authorized Personnel, Legal Fees and Costs
Russell & Rodriguez, LLP will be the lead attorney in t_ie Representation. The City may call, write or e-
mail Arturo D. Rodriguez, Jr. (a.rodriguez(Jxadminlaw.com) whenever the City has any questions about.
the Representation. Other Outside Counsel personnel, as listed in Exhibit A, are authorized to participate
in the Representation. Legal fees in the Representation will be based on the time spent by authorized
Outside Counsel personnel. hourly rates for services in connection with the Representation, as
previously agreed upon between City and Outside Counsel, are noted for each authorized individual.
Outside Counsel may not hire any other attorneys, consultants or experts for this Representation without
the prior approval of the City. Outside Counsel may contract with court reporters, copy and courier
services, and similar contractors to perform or provide the usual or routine services needed to complete
the .Engagement without the prior permission of the City if the costof the services will not exceed S1000.
Georgetown — Outside Counsel. —Transactional
Page 1 of 8
The City will not be liable to Outside Counsel for any services, costs, expenses, including the cost of third
party vendors, billed through Outside Counsel, under this Contract that collectively exceed $500.00 if not
approved in wasting in advance by the City.
insurance
A certificate evidencing Outside Counsel's Professional Liability Insurance coverage shall be provided to
the City prior to commencement of services. The policy shall have a minimum limit of $1,000,000..
Conclusion
This Engagement Letter, together with its attach iients, constitutes the entire terms of the engagement of
Outside Counsel, in the Representation. (In the event of a conflict between any of these documents, the
documents shall govern in the following order: Engagement Letter City of Georgetown Guidelines for
Outside Counsel., and Legal .Matter Transmittal Form). The \\ritten terms of engagement are not subject
to any oralagreements or understandings, and can be modified only by further written agreement signed
both by the City Attorney and. Arturo D. Rodriguez, Jr. Unless expressly stated in these terms of
engagement, no obligation or undertaking shall be implied on the part of the City or Outside Counsel.
Please carefully review this Engagement Letter. If this Engagement Letter is acceptable, please sign the
Engagement Letter and its Exhibit A. Sign and return one original of the Engagement Letter and Exhibit
A, along with a copy of Outside Counsel's insurance certificate by April 1, 2011, to the City Manager,
P.O. Box 409, Georgetown, Texas 78627. If you have any questions concerning this engagement, please
call the City .Attorney at 512-472-4'M45,
Sincerely
Paul Brandenburg,
City Manager
Russell & Rodri uez, LLP, AGREES TO A`�T) ACCEPTS THIS LE i-1 ER AND THE ATTACHED
TERMS OF EI 'AGFMENT:
n, 1
u D. Rodr• g i �111Jr.,
Partner
Russell & Ridri uez, Li.<P
aroclriguez(cr}txadminlaw corn
(512) 930-1317
Georgetown — Outside Counsel Transactional
Page 2 of 8
EX IT A. TO OUTSIDE COUNSEL ENGAGEMENT LETTER
LEGAL MATTER TRANSMITTAL FORM
TRANSACTIONAL
A.
Description
of
Transaction:
1. Matter
Name:
Williamson
County
MUD
#
19 Application
for a TPDES
Permit
from the
TCEQ_
2.
Description
of
the
Representation:
opposition to
the application
by
Williamson. County
IktUD.
#19
for a TPDES Permit front the TCEO
B. Outside Counse
'ormation:
1. Name of Firm: Russell & Rodriguez, LLP
2. Address of Firm: 1633 Williams Drive, Suite 200, Georgetown, Texas 78628
C. Lead Outside Counsel Attorney:
1. Name: Arturo D. Rodriguez, Jr.
2. Address: same as above
3. Telephone: (512) 930-1317
4. Fax: (866) 929-1641
5. E-mail: arodriguez(a?txadminlaw corn
D. City Project Coordinator:
1. Name• Jim Br
gs
2. Address: 113 East 8th Street , Georgetown, TX 78626
3. Telephone 512-930-3889
4. Fax: 512-930-3622
5. -E-mail: ihb{2georgetowntx.o
Authorized Personnel and Associated Hourly Rates:
The table below includes the names and associated hourly rates for all attorneys and paralegals that are
authorized to work on and to bill their time to the above referenced Matter. City IN ill not pay for time
spent by attorneys or paralegals not named below. If additional staffing is required, Lead Attorney should
discuss with City Attorney in accordance with the Guidelines for Outside Counsel - Transactional.
Name(s)
of
Authorized
Personnel
Hourly
Rate
Arturo
D.
Rodriguez,
Jr
S250.00
S250.00
Kerry
B.
Russell
Bradfoid
E.
Bullock
S250.00
Paralegal
Assisatnce
S110.00
Georgetown - Outside Counsel
Page 3 of 8
nsactional
13y signing below, Outside Counsel acknowledges it has received and reviewed the contents of the City of
Georgetown Guidelines for Outside Counsel — Transactional, and acknowledge their willingness to
comply with these policies and procedures with respect to the matter assigned herein. Outside Counsel
also acknowledges it is responsible for inswing that their firm's .lawyers adhere to the policies and
proces.aresiset out in the Guidelines.
Arturo ez,
Partner
Russell • s r iguez, LLP
arudriguez utxadminlaw.co1n
(512) 930-1317
Georgetown - Outside Counsel - Transactional
Page4of8
FXHIBIT 13 TO OUTSIDE COUNSEL ENGAGEMENT LETTER
GUIDELINES FOR OUTSIDE COUNSEL (Transactional)
I. INTRODUCTION
A. Acknowledgement: All Outside Counsel firms shall review the contents of these guidelines and
acknowledge their willingness to comply with these policies and procedures with respect to all
existing and future matters for which the firm is retained. It. is the responsibility of Outside Counsel
to insure that all of their firm lawyers adhere to the .policies and procedures set out in these
guidelines
B. Fngazement Letters: Referrals of legal matters to Outside Counsel will be done through
Engagement Letters that set out the terms of the engagement in the matter. Each Engagement Letter
shall be accompanied by: 1) a Legal Matter Transmittal Form (the "Form"); and 2) a copy of these
City of Georgetown Guidelines for Outside Counsel — Transactional (the "Guidelines"). The Form
will: 1) identify the name of the matter; 2) describe the scope of the representation; 3) list the name of
City Project Coordinator who shall act as the City's liaison with Outside Counsel along with. the City
Attorney; 4) list the Outside Counsel firtn and the name of the Lead Attorney for the Outside Counsel
firm; and 5) provide a list of names and approved billing rates for Outside Counsel personnel who.
will be authorized to work on the representation. To accept the engagement Outside Counsel will he
required to sign the Engagement Letter and the Form and return them along with other required
documents to the Outside Counsel Coordinator by the due date to be stated in the. Fngagement Letter
Work on the file is limited to the Representation as set forth on the Form and may not be billed until
receipt of this Form unless otherwise agreed to by the City Attorney
C. Conflicts of Interest: The City provides legal representation not only for itself, but also to its
officers, directors, elected or appointed officials, board or commission members, and employees
when such persons are acting within the scope of their duties or employment No law firm with an
attorney - client relationship with the City of Georgetown may represent any person or other
entity in any matter or engagement where the City has an interest and the interests of such
person or entity actually or potentially conflict with the City's interest.
Immediately upon receipt of an Engagement Letter, Outside Counsel will perform a. conflicts check
and inform the City Attorney, inwriting, of any actual or potential conflict of interest or provide a
statement that no conflicts exist. In the event an identified conflict cannot be resolved to the City's
Attorney's satisfaction, the City may decline to use the Outside Counsel. In the event Outside
Counsel determines there is such a conflict of interest or potential conflict of interest after the
Representation commences, he/she must notify the City Attorney, in writing, immediately.
D. Staffing: Outside Counsel is expected to staff the Representation with appropriate resources and
provide representation services in a manner that is both beneficial to the City's legal interests and cost
effective. Although the appropriate level of staffing will vary from matter to matter, many matters
can and should be handled by one law yer..Also, a team of one partner and one associate can properly
service most matters that require more than one lawyer.
Law firms are retained because of their expertise Accordingly time spent educating lawyers within
the fine on applicable substantive law should not be billed to the City However, the City does not
want to discourage the involvement of associates or paralegals who can provide quality services at a
lower hourly fee and encourages Outside Counsel utilize junior attorneys and paralegals capable of
performing a given task with the understanding that the quality of the work must be maintained.
Georgetown - Outside Counsel - Transactional
Page 5 of 8
In general, associates should riot be used for services performable by paralegals, such as deposition
summaries and routine document review. Under no circumstances should paralegals be assigned
tasks custoi iarily performable by secretaries, clerks and messengers such as photocopying, filing
opening files, etc.
Prior to issuing an Engagement Letter, the City Attorney will discuss appropriate staffing with
Outside Counsel and detennine a staffing complement, including the designation of a Lead Attorney
for the matter, that is mutually agreeable and in the best interests of the City. Outside Counsel shall
not change the designated Lead Attorney unless approved by the City Attorney. 7 he agreed -upon
staffing complement will be reflected on the Fonn that accompanies the Engagement Letter. Should
the staffing complement need to be revised later, the Lead Attorney must obtain the approval of the
City Attorney prior to using any Outside Counsel personnel not listed on the Form. Upon approval,
the Lead Attorney will need to sign an updated Fo.irri reflecting the approved revisions to the
authorized Outside Council stalling complement.
Regardless of who perfonns the work, responsibility for the quality of all work shall remain with the
Lead Attorney assigned to the Representation. The Lead Attorney shall serve as the liaison with the
City and shall be ultimately responsible for the handling of the matter.
E. Coordination with City:
All significant decisions that could affect the success or completion of the Representation must be
discussed with and approved by the City Project Coordinator and the City Attorney. Outside Counsel
wit] report. to the Project Coordinator and City Attorney on the status, progress, time schedules,
evaluation, costs, or other matters relating to the Engagement as from time -to -time requested by the
City Project Coordinator or City Attorney, including when requested., making written reports of the
same Upon reasonable notice, Outside Counsel will be available to brief the City Council or city
management regarding the Representation.
Outside Counsel should consult with the Project Coordinator on all business and policy matters
related to the Representation. Outsi.de Counsel should consult with the City Attorney on significant
tactical and procedural decisions, particularly when negotiations are involved. The City Attorney an
Project Coordinator must be informed of the scheduling of meetings hearings, and/or contract
negotiations and mediations regarding the legal matter for which Outside Counsel is retained.
Outside Counsel will promptly notify the City Attorney of all requests for information or documents
that it may receive under the Public Information Act. Outside Counsel will further cooperate with the
City in its production of public information or requests to the Attorney General for a determination on
whether the requested information is excepted from disclosure to the public. It is understood that thin
policies regarding inner office e-mails and work product may not excuse Outside Counsel from
producing documents which are not considered confidential under Texas or Federal law.
II. FILE DOCUMENTATION
A. General: As a condition of Outside Counsel's engagement and for efficiency, tracking, and to control
costs, Outside Counsel should communicate with and provide documents generated by Outside
Counsel to the City by e-mail except where another form of communication requires an immediate
response, for a discussion of strategy, security is a concern, or similar concerns. Outside Counsel
must also make a concerted effort to have third parties providing documents relating to Outside
Counsel's Engagement provide documents by e-mail if they are to be provided to the City.
B. Research: Research pei formed by Outside Counsel which is reduced to writing and billed to the file,
should be forwarded to the City Attorney upon completion..
Georgetown - Outside Counsel transactional
Page 6 of 8
C. Summaries: A concise summary of meetings or hearings shall be forwarded to the City Attorney
and/or the Project Coordinator immediately following said transaction and/or meeting, if the City
Attorney and/or Project Coordinator are not in attendance or do not otherwise have personal
knowledge of the substance of the meeting.
D. Correspondence: Copies of correspondence regarding the Representation for which Outside
Counsel has been engaged shall be forwarded to the City Attorney and Project Cooidinator upon
receipt.
E. Property of City. All documents generated as a result of .the Representation , including but not
limited to complete and final drafts of agreement(s), documents, legal memoranda, correspondence,
reports, research files, e-mails, drafts that are still useful, and any other information anddata given to,
prepared or assembled by Outside Counsel in furtherance of work performed on behalf of the City,
and any other related documents or items shall become the sole property of the City and shall be
delivered to the City, without restriction on future use. Outside Counsel may make copies of any and
all documents for its files, at its sole cost and expense.
III. BILLING PROCEDURES
A. Rates: Billing rates are agreed upon at the time Outside Counsel is added to the List and shall remain
in effect for a period of three years from such date. In planning for each engagement to be assigned
to Outside Counsel, City and Outside Counsel will discuss the names of the attorneys and paralegals
that will comprise the authorized Outside Counsel personnel complement for the engagement: The
names and the associated hourly rates for the authorized Outside Counsel personnel will be listed on
the Form.
The City will only pay for the time of one attorney involved in inter -office conferences; such billing
may be made at the rate of the highest compensated attoi ney involved.
B. invoices: Counsel will present to the Outside Counsel Coordinator its invoice for work performed on
a monthly basis for work performed the previous month no later than the 15th of each subsequent
month. Each invoice shall be printed on Outside Counsel's letterhead and shall include the following
information: date work performed; initials of person who performed the work; description of the
work; hours spent on the work; cost (hours x fee). For expenses, the invoice must state the date that
the expense was incurred, a description of the expense, and the amount of the expense.
Outside Counsel shall bill time in hourly increments which are no larger than 1/10 of an hour.
I. he City reserves the right to decline to pay any bill received more than forty-five (45) days after the
end of the billing period m which the work that is the subject of the bill was perfo,nred.
If the City inadvertently pays a bill that, upon further review, proves not to be in compliance with. the
Engagement Letter, the Form, or these Guidelines, the City retains the right to obtain from Outside
Counsel reimbursement of such charges or to deduct such payment fro II subsequent payments due to
Outside Counsel.
C. Non-Compensable Fees: Fees for the followin6 tasks or activities will not be compensated:
1. Sen'ices that are clerical in nature, such as word processing, regardless of who perfonns such
services or at what rate they are performed (normal., temporary or overtime);
2. Repetitive file review;
3. Duplicative tasks;
4. File or document organization;
5. Preparing and processing invoices;
Georgetown -- Outside Counsel -- Transactional
Page 7 of 8
6. Conferences involving attorneys, paralegals and other personnel from the firm, which involve
routine administrative coordinating or assignment related matters;
7. Time spent upon reassigmnent of a matter to another attorney, in familiarizing that attorney with
the file.
8. Charges for opening and/or updating files;
9. Work perfoiuied by or attendance of multiple attorneys, including by not limited to, attendance of
multipleattorneys at any meeting or conference,
10. Research of relatively routine matters, which should be within the knowledge of experienced
attorneys or researchin excess of ten (10) hours;
11. Time spent training lawyers on applicable substantive law;
D. Expenses: Expenses will be reimbursed only at Outside Counsel's actual cost. Requests for expenses
reimbursements should be submitted with the monthly invoice. Documentation supporting all
expenses shall be provided to the City upon the City's request. Expenses will not be reimbursed by
the City except with the regular billing cycle.. Outside Counsel should not have service providers
such as copy services and couriers bill the City directly.
The following expenses will not be reimbursed.
1. Meals or transportation for clerical support;
2. Fax charges;
3. Photocopy expenses of more than ten (10) cents per page;
In-house delivery service;
S. Office supplies.
E. .Meal and Travel Expenses: Meal and travel expenses will he subject to the following provisions:
Within Austin SMSA: Not paid.
2. Outside Austin SMSA: Reasonable meal and travel expenses will be paid if such expenses are
in connection with the representation. Upon retuning from travel, Outside Counsel will fully
document and include travel expenses in the next regular billing cycle.
F. Auditing of Bills: The City has the right to audit all bills presented for payment or actually paid by
the City. For this purpose, the City may use in-house auditors or the services of an independent
auditor. Outside Counsel shallniake available in :his/her/their office any and all documentation
deemed necessary by City or its designated representative to conduct said audit The City will give
Outside Counsel at least seven (7) business days notice of any such audit.
In the event Outside Counsel bills are audited, the. City will not pay any costs incurred by Outside
Counsel in responding to audit requests or for time spent with the auditors.
Georgetown - Outside Counsel - Transactional
Page 8 of 8
NEW YORK MARINE & GENERAL INSURANCE COMPANY
919 Third Avenue, 10th Floor, New York, NY 10022
212-551-0600; Fax 212-986-1310
(hereafter referred to as the "COMPANY")
DECLARATIONS LAWYERS PROFESSIONAL LIABILITY
THIS IS A 'CLAIMS MADE AND REPORTED" POLICY. THIS COVERAGE AFFORDED BY THIS POLICY IS LIMITED TO
CLAIMS ARISING FROM THE PERFORMASNCE OF PROFESSIONAL SERVICES, WHICH ARE FIRST MADE AGAINST
THE INSURED AND REPORTED IN EWRITING TO THE COMPANY WHILE THE POLICY IS INFORCE. PLEASE
REVIEW THE POLICY CAREFULLY AND DISCUSS THE COVERAGE THEREUNDER WITH YOU INSURANCE AGENT,
BROKER OR OTHER REPRESENTATIVE.
THE LIMITS OF LIABILITY AND DEDUCTIBLE AS SE I FORTH IN THE DECLARATIONS APPLY TO, AND ARE
REDUCED BY, THE PAYMENT OF CLAIM EXPENSES AS WELL AS DAMAGES.
Policy No: PL10127910
Items. NAMED INSURED: Russell & Rodriguez, LLP
Item 2. Business Address. 1633 William Drive, Bldg 2, Ste 200, Georgetown TX 78628
item 3. THE NAMED INSURED is: an individual X a Partnership a Corporation Other
Item 4. Predecessor Firm: Not Applicable
Item 5. PROFESSIONAL SERVICES: See NYMAGIC Lawyers Professional Liability Form
Item 6. POLICY PERIOD From 5/30/2010 to 5/30/2011
12:01 AM Standard Time at address of the INSURED above
Item 7. RETROACTIVE DATE' 3/7/2003
Renewal of
Item 8. Limits of Liability:
The Liability of the Company for each Claim including Claim Expenses under this Policy shall not exceed
$1,000,000 and subject to that limit for each claim, the total limit of the Company's liability for all Claims
including Claim Expenses Under this Policy shall not exceed in the aggregate $1,000,000.
Item 9. DEDUCTIBLE:: Applicable to each Claim, including Claims Expenses $5,000
Item 10.
Rate: Flat
Minimum Premium: $3,762
Deposit Premium. $3,762
Premium for extended discovery period of 12 months
$3,762
Item I I. Endorsements: See Schedule of Forms Endorsement
CLAIMS HELP LINE:
1-877-576-7288
Hollins & Levy LLP
23801 Calabasas Road #110
Calabasas, CA 91302
TX LPL DEC 2010_04_14
ALL CLAIMS TO BE REPORTED DIRECTLY TO
Email: lawvers(c�nymagic.com; or
MUTUAL MARINE OFFICE, INC.
919 Third Avenue
10th Floor — Professional Liability Claims Dept.
NEW YORK, NY 10022
(212) 551-0600