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HomeMy WebLinkAbout18- Engagement Letter - Crowley Fleck PLLP (A. Grmoljez) - 2018-2019 Lobbying Services C R O W L E Y I FLECK Aimee Grmoljez ATTORNEYS 900 N. Last Chance Gulch, Suite 200 P. O. Box 797 Helena, MT 59624-0797 Telephone: (406) 457-2030 Email: agrmoljezgcrowlafleck.com October 12, 2018 City of Bozeman Andrea Surratt, City Manager P.O. Box 1230 Bozeman, MT 59771 A S urratt@B OZEMAN.NET RE: 2018/2019-Engagement Letter: Government Affairs Dear Ms. Surratt: This letter will confirm the agreement between City of Bozeman, ("Client/you/your/City"), and Crowley Fleck PLLP ("Attorneys/we/us"). By agreeing to the terms stated in this letter,the Client is retaining the Attorneys to assist with lobbying at the 2019 Montana legislature (the "Lobbying Work"). Nothing contained in this letter shall be construed as a promise or guarantee about the outcome of any matter. Attorneys make no such promise or guarantees, and any lawyer's comments about the outcome of any particular matter are purely expressions of opinions. As you know, we currently advise the City regarding an Internal Revenue Code (IRC) Section 125 Cafeteria Plan maintained by the City ("Cafeteria Plan") and certain fringe benefits offered by the City ("Fringe Benefits"). However, since we are not the City's general counsel, our acceptance of this engagement to perform the Lobbying Work does not involve an undertaking to represent you or your interests in any other matter. You may limit or expand the scope of our representation from time to time, provided that we must agree to any substantial expansion in writing. After completion of the matter, changes may occur in the applicable laws and regulations that could have an impact upon your future rights and liabilities. Unless you engage us after completion of the matter to provide additional advice on issues arising from the matter, Attorneys have no continuing obligation to advise you with respect to future legal developments. Attorneys agree to use their best professional efforts to prepare and pursue the matter to ultimate conclusion. BILLINGS BISMARCK BOZEMAN BUTTE CASPER CHEYENNE HELENA KALISPELL MISSOULA SHERIDAN WILLISTON C R 0 W L E Y F L E C K . C 0 M City of Bozeman October 12, 2018 Page 3 Special Consent to Existing and Future Conflicts Our firm represents a large number of diverse clients some of whom may from time to time have reason to be adverse to the City on matters unrelated to our representation of the City. Such matters may include, without limitation, commercial transactions, zoning disputes, property rights, regulatory compliance, or other litigation or transactional matters. As a condition of our agreement to represent the City in connection with the Lobbying Work, Cafeteria Plan and Fringe Benefits matters, the City agrees that our representation of the City in such matters will not disqualify our firm from opposing the City in other matters that are unrelated to the subject matter of the Lobbying Work, Cafeteria Plan and Fringe Benefits matters, and the City consents to and waives any conflict of interest with respect to those other representations in which our clients are or may become adverse to the City. We agree, however, not to use any proprietary or other confidential information of a nonpublic nature concerning the City that is acquired by us as a result of our representation of the City to the City's material disadvantage in connection with any litigation or other matter in which we are opposed to the City. Since our firm currently represents a number of clients who are adverse to the City with respect to certain unrelated matters ("Adverse Clients"), we are able to engage in this representation of the City only if both the City and our the Adverse Clients consent to our representation of the City and if all parties waive any conflict of interest that may be presented. Our firm has not and will not be representing other clients in connection with the Lobbying Work, the Cafeteria Plan or Fringe Benefits matters. After considering all relevant factors, the firm reasonably believes that it can engage in the representation of the City with respect to the Lobbying Work, Cafeteria Plan and Fringe Benefits matters without limiting its representation and without adversely effecting its ongoing representation of Adverse Clients in any existing matters. The firm further believes that its client relationships with the City and Adverse Clients will not be adversely affected by this engagement for the Lobbying Work. The City and the Adverse Clients have agreed with these conclusions and have further agreed to waive the conflict of interest disclosed herein and to consent to the firm's representation of the City in connection with the Lobbying Work, Cafeteria Plan and Fringe Benefits matters. The City and the Adverse Clients understand and acknowledge that the firm will maintain all confidences of its respective clients, and none of the parties have any expectation that the firm will share confidential information received from one client with the other client, no matter how pertinent that information may be. By signing below and returning the duplicate of this letter,the City, by and through its authorized representative, formally consents to this firm's representation of the Adverse Clients, and formally waives all rights to assert a conflict of interest or any claims arising from that conflict of interest in the firm's representation of the Adverse Clients with regard to other matters. City of Bozeman October 12, 2018 Page 3 Please call me if you have any questions about our arrangement or this letter. Additionally, if would like to consult another attorney regarding the City's decision to sign this consent and waiver, I would encourage that. I look forward to working with you. If this agreement is satisfactory to you,please sign and return the original of this letter and retain a copy for your files. Sincerely, CROWLEY FLECK PLLP Aimee Grmoljez I acknowledge and agree to the foregoing terms and scope of representation by Crowley Fleck PLLP described in this letter. Dated this day of 2018. I Andrea Surratt, Ci Mana er City of Bozeman