1. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEMORANDUM
TO: Mayor and City Council Members
FROM: Buddy Kuhn, City Manager
SUBJECT: An ordinance approving and authorizing the City Manager to execute of an
Agreement for Legal Services with Davidson Troilo Ream & Garza and appointing
Frank J. Garza as City Attorney
DATE: June 13, 2022
SUMMARY
An ordinance approving and authorizing the City Manager to execute of an Agreement for Legal
Services with Davidson Troilo Ream & Garza and appointing Frank J. Garza as City Attorney for
a three year term with options for renewal if mutually agreed to by both parties.
BACKGROUND INFORMATION
Frank J. Garza has served as the City attorney for the City of Alamo Heights since July of 2019.
The current agreement will expire in July 2022. Mr. Garza has expressed interest in continuing to
serve as the City Attorney for an additional 3 year term.
POLICY ANALYSIS
Chapter 2254.004 of the Texas Local Government Code, Subchapter A; professional services,
mandates that a Local Government shall select the most highly qualified provider of those
services on the basis of demonstrated competence and qualifications; and then attempt to
negotiate with that provider a contract at a fair and reasonable price.
STAFF FINDINGS
Mr. Garza and the team at Davidson Troilo Ream & Garza have extensive experience with the
City of Alamo Heights and many other local governments throughout the State and have assisted
the City with projects such as:
๏ง Ongoing legal advice in a series of highly complex cases
๏ง Support of city staff for all council meetings
๏ง Charter Amendments
๏ง Employee Training โ Sexual Harassment
FISCAL IMPACT
The proposed term of the agreement is three years with a renewal option if mutually agreed to by
both parties and is severable by either party with or without cause with 60 day notice. The fee
schedule is set on an hourly bases and will increase slightly from $200 for Partners to $220 and
from $175 for Associates to $190 per hour respectively.
Funds for Legal Service fees are included in the Cityโs Budget.
3. Attachment A
AGREEMENT FOR LEGAL SERVICES
CITY OF ALAMO HEIGHTS, TEXAS
This agreement is entered into by and between the City of Alamo Heights, a home rule city
and political subdivision of the State of Texas, hereinafter referred to as the โCityโ, and Davidson,
Troilo, Ream & Garza P.C. (hereinafter referred to as โLaw Firmโ).
WITNESSETH
WHEREAS, the City desires to enter into a contract for the engagement of the Law Firm to
provide City Attorney services; and
WHEREAS, this agreement has been authorized by the City Council;
NOW THEREFORE, it is agreed as follows:
ARTICLE I
PURPOSE
1.01 The purpose of this agreement is to provide the City with usual and customary
legal services needed by a City, and to define the terms and conditions pursuant to
which such service will be provided. Frank J. Garza shall be the principal or lead
attorney performing the services undertaken by Law Firm pursuant to this
Agreement. Richard Lindner and Jessie Lopez shall be the primaryback-up attorneys
to Frank J. Garza on the performance of general legal matters. All attorneys of the
Law Firm are eligible to perform under the terms of this Agreement if they are
deemed to have the necessary experience to assist the City in any current or future
legal matters
ARTICLE II
TERM
2.01 This agreement shall commence on July 1, 2022 and shall continue for three (3) years
unless sooner terminated by the City or the CityAttorney. Either partymayterminate
this agreement for any reason, with or without cause, upon sixty (60) days written
notice to the other. The parties may agree to extend the term of this Agreement if
mutually agreed to and approved by the City Council.
ARTICLE III
DESCRIPTION OF SERVICES
3.01 Law Firm agrees to perform the following services when requested by the City:
(a) Attendance at City Council meetings and other meetings as directed by the
City Manager;
4. Attachment A
(b) Prepare and/or review contracts, ordinances and documents;
(c) Provide legal information, opinions, interpretations, research and guidance;
(d) Consult with authorized senior city staff;
(e) Handle litigation of cases when authorized by the City Council;
(f) Agree to represent the Cityโs interest by providing, as directed by the City
Council and/or City Manager, advice, counsel, negotiation assistance and
document preparation services in connection with various general and
litigation matters; and
(g) Other duties which may be assigned by the City Council or City Manager.
ARTICLE IV
CONSIDERATION
4.01 As payment for the usual and customary services described hereinabove, the City
agrees to pay Law Firm the fees described in Exhibit A. Billings shall be made only
for authorized personnel approved by the City Manager and billings for which time is
being billed at an hourly rate shall identify all persons by name and position.
4.02 There shall be no separate charges for rates for clerical support and office supplies or
for in-City (in-City should include from San Antonio to/from anywhere in Bexar
County) travel time. Postage charges and electronic research shall be charged at cost
and itemized before reimbursement is considered. Overnight delivery, courier service
and messenger service shall be used only when absolutely necessary. No out of town
travel may be taken by the Law Firm without prior approval of the City Manager.
4.03 The City agrees to pay all out of pocket expenses incurred by Law Firm related to his
services, provided that any such expense in excess of $500.00 shall be approved in
advance by the City Manager or Mayor.
ARTICLE V
RELATIONSHIP
5.01 This agreement does not create an employment relationship, partnership, or joint
venture between the City and Law Firm. Neither Law Firm nor any of the Law Firm
employees shall be deemed an employee of the City, but Law Firm shall be an
independent contractor.
5. Attachment A
ARTICLE VI
ENTIRE AGREEMENT
6.01 This agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this agreement
which is not contained herein shall be valid or binding.
ARTICLE VII
ASSIGNMENT
7.01 Neither this agreement nor any duties or obligations hereunder shall be assignable.
ARTICLE VIII
AMENDMENTS
8.01 This agreement may be amended by the mutual agreement of the parties hereto in
writing to be attached to and incorporated into this agreement.
ARTICLE IX
LEGAL CONSTRUCTION
9.01 In case any one or more of the provisions contained in this agreement shall be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof and this agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
ARTICLE X
ATTORNEYโS FEES
10.01 If any action at law or in equity is brought to enforce or interpret the provisions of
this agreement, the prevailing party shall be entitled to reasonable attorneyโs fees in
addition to any other relief to which it may be entitled.
ARTICLE XI
GOVERNING LAW
11.01 The validity of this agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State
of Texas. This agreement is performable in Bexar County, Texas.
6. Attachment A
ARTICLE XII
CONFLICTS OF INTEREST
12.01 As part of the Agreement to provide these services to the City, Law Firm shall be
required to disclose to the City any existing or potential conflicts of interest related to
any services to be performed under this Agreement and during the course of this
representation. Law Firm shall refrain from representing clients whose interests may
conflict with those of the City. Should such a conflict arise, Law Firm shall be
required to immediately contact the CityManager to discuss and resolve such conflict
EXECUTED IN DUPLICATE ORIGINALS, each of which shall have the full force and
effect of an original to be effective as of June 13, 2022.
CITY OF ALAMO HEIGHTS DAVIDSON, TROILO, REAM &
GARZA, PC
By: ______________________________ _________________________________
BUDDY KUHN, City Manager FRANK J. GARZA, City Attorney
for Law Firm
7. Attachment A
EXHIBIT A
FEES
CITY ATTORNEY SERVICES
The Firm of Davidson Troilo Ream & Garza, A Professional Corporation, proposes the following
rates for City Attorney services to the City of Alamo Heights:
1. General Representation:
Hourly Rate Partner $220.00
Hourly Rate Associate $190.00
Optional: Monthly Retainer $N/A
2. Special Projects:
Hourly Rate Partner $220.00
Hourly Rate Associate $190.00
3. Municipal Court Rate $135.00 (if necessary)
4. Litigation, Preparation Time:
Hourly Rate Partner $250.00
Hourly Rate Associate $200.00
5. Litigation, Court Room Time:
Hourly Rate Partner $250.00
Hourly Rate Associate $200.00
Paralegals Hourly Rate $ 90.00
OTHER CHARGES:
1. Copies ($.10) per page
Facsimiles ($.25) per page
Scans ($.10) per page
2. Out of Office travel 2022 IRS rate
(out of Bexar County) per mile TBD
(e.g. $.58.5 for 2022)
3. Electronic legal research at cost
4. Long distance telephone calls at cost
5. Special deliveries as needed
(e.g. UPS, FedEx, Lone Star, etc.) at cost
8. Attachment B
ORDINANCE NO. 2191
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS, AUTHORIZING APPROVAL FOR
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
EXTENSON OF A PROFESSIONAL SERVICES CONTRACT WITH
DAVIDSON, TROILO, REAM & GARZA, PC FOR LEGAL
SERVICES; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on May 22, 2019, the City issued a Request for Proposals (RFP) for Legal Services
and Notice was published in San Antonio Express-News and the Cityโs website and four submittals
were received; and
WHEREAS, in July 2019, the firm selected was Davidson Troilo Ream & Garza with Frank J.
Garza serving at primary legal counsel, and the contract approved by the City Council had a three
year term expiring on June 30, 2022 with the ability to extend the contract if agreed to by the
parties; and
WHEREAS, the City and Davidson Troilo Ream & Garza have agreed to extend the term of the
Agreement for Legal Services for an additional three year period expiring on June 30, 2025 with
updated legal fees that will not increase during the three year extension;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALAMO HEIGHTS,TEXAS THAT:
SECTION 1. The City Council hereby authorizes the City Manager to finalize negotiations and
execute an extension to the Agreement with Davidson Troilo Ream & Garza to provide the City
with legal services. Funds for these services are included in Cityโs Budget.
SECTION 2. This ordinance shall be effective from and after its approval and passage in
accordance with the city charter.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 13th DAY OF JUNE, 2022.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY
