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Home My WebLink AboutCITY OF ROME LAWSUIT LARMAR ARCHER &COFFIN VROON & CRONGEYER, BRINSON, ASKEY BERRY, SEIGLER, RICHARDON & DAVIS KEVIN A ROSS GORDON LAW FIRM "Exhibit B" /0. ~~ REPRESENTATION AGREEMENT Come now the law fmns of Lamar, Archer & Comn, LLP, Vroon & Crongeyer, LLP, Brinson, Askew Berry, Seigler, Richardson & Davis, LLP, Law Practice of Kevin A. Ross, LLC, and the Gordon Law Firm (the foregoing law firms and other counsel associated by them hereinafter collectively referred to as "Counsel") and Augusta, Georgia through the consolidated government of Augusta- Richmond County (hereinafter referred to as "Client") and agree as follows: Client hereby engages and authorizes Counsel to exclusively represent it in .. regards to any claims Client may have against on-line hotel booking companies such as Hotels.com L.P., Expedia, Inc., Orbitz, Inc., etc. (including without limitation all Defendants in that certain civil action pending in the United States District Court for the Northern District of Georgia, Rome Division styled City of Rome. et. al. v. Hotels.com. L.P., et. ai.. Civil Action No.4: 05-CV-249 (HLM), hereinafter the "Class Action") for taxes (including without limitation hotel excise taxes pursuant to O.C.G.A. S48-13-50, et. seq., and local sales and use taxes pursuant to O.C.G.A. S48-8-1, et. seq., hereinafter collectively referred to as the "Hotel Tax Claims") owed by said entities to the Client directly or through the State 1 COUNSEL CLIENT . (, A of Georgia as its collection agent. In conjunction with such representation, Client specifically authorizes Counsel to add Client as a named party to the Class Action and, subject to Court approval, a named plaintiff therein. Counsel and Client agree that all fees and expenses of Counsel incurred in this representation of Client shall be paid out of the proceeds, if any, obtained in the Class Action on behalf of Client and other Class members in the amounts and conditions as determined by the Court in the Class Action and that such will be the sole obligation of Client for their legal fees and expenses in regards to this representation. So AGREED, this day of March, 2008. By: Walter James rdon, for AUGUSTA, GEORGIA fll. ~ By: cJ +r~ ~ David S. Cop aver ,. I ~ Its Mayor I' 0 3'~ The Gordon Law Firm, and on behalf of all Counsel herein. ~. . Attest: ~ . By: . ~IJI L~~ er.. ,\' ~4 (Jb Clerk of CommiSSion ...~. . . (SEAL) 2 RESOLUTION WHEREAS; Hart County; Georgia and other counties ~d . cipl'l.lifi ,. Georgia have brought suit against Hotels.com and others similarly ,situated "due ,. ,. ,. said Hotels.com and other hotel reserVation agents, to remit'to Hart . County ,and" .-.-.- " -- - .. . appropriate taxes attaching to the procuring of hotel andmotelaccommodation~jn,.the Georgia, namely the LocalOption HotellMotel sales tax. NOWTHEREFORE, the? Augusta-Richmond,. County Commission authority for Augusta; Georgia, does .hereby'expressits support f1 Hart County and others" and agrees to join as a Plaintiff therein on responsible for any advances of costs or expenses during thepr will not have to pay attorney's fees fr~m its own funds. Provided, ,. Plaintiffs includ~g sel for Hart County andotber counties . - ,. - ---- . ffs,inclu~ng a, Georgia will have.:theopportunity to peti ,. , an. award byth urt of attorney's fees -provided the same' .- . parties and not a Plaintiff including Augusta, Georgia. ,. ',' ---'," --,','" ,-- ,', , '" I WebLink Guide] : Logout~1 Laserfiche WebLink Page I of2 Search AugustaGA.gov: ~..':':t0'..~re eGov Services: Go to services Slte...l;>lN<:tl!1:Y. Monday, July 28, 2008 Inactivity of more than 15 minutes will stop current session. Use logout button before exiting browser. AuaustaGA.Gov Home Page - Clerk of Commission [-"~i~~s~~-;-"--"-\ ~~ ~~,-C e! . Template: 60292 Augusta-Richmond GA 32% -~'p;:;'1~IJ of 42~-----'--_.'____m_m__m'_~ ~!tll!@ Pages~to@:J I LaserFich_~__::v_~v~~_~_~~,:,~~,~,~~~^~,,~"'~,~~,~_~, > Min~'::-v~c:t~lTIi_~~!_~,f\?~_~,~_!:=~~,~_~_~_:f_,~.~_~,"'lISllIs~,~!~~~",,':',~~~~_~~,Commission File Number Type Date 5/212006 Mr. Shepard: Again, Mr. Mayor, I'd ask that the body add and approve the joining by Anguilla of a lawmit known a_ o(iI'& versus Hotels.com which we would become a plaintiff in the case which would !leek to have the hotel-motel tllX properly paid as the plaintiffs contend to local governments, one of which would be Auguna, and that the further nipulalion be included that Augusu would join provided that1here would be no expense to Augullla lIS far as court costs or attorney's fees. ADDENDUM 31. Motion to add and approve the joining by Augulta of a law..it known .. lIIofllll"lIvs. Hotel,.eom. Mr. Ramey: So move. Ms. Beard: Second. Mr. Mayor: We have a IIIOtion and second. Commissioners will now vote by the usual sign. Motion carrie. 10-0. Mr. Mayor: Mr. Shepard? Mr. Shepard: Thank you, Mr. Mayor. One fmal rnatlllr. Has two partll to be added and approved, from the legal meeting. Ask that the Commission place of record option contracu negotiated on the properties to the immediate east of this Municipal Building, the one owned by the law finn which ill 520 Greene Street Partner&, really three lots, as sel forth in those option contra.cf.s, and also that the option contracts be ellIOIled in the minutes oCthe Qerk as the other contract would be for 1he properties controlled by the Billy Lynn elllate, which are to the immediate east of the properties at 520 Telfair Street, Greene Street, 8.lld the option contracts set forth that the purchase prico for law finn property would not exceed 1,350,000 8.lld that the purchase price of the estate property not exceed 300,000. ADDENDUM 34. Motion to add and approve Option Conlradll for propertier adjacent to the Municipal Building. Mr. Cheek: Move to add and approve. Mr. Hatney; Second. Mr. Mayor: We have a motion and a second. Any further disCU8sion? Mr. Williams: Mr. Mayor? Mr. Mayor: Mr. William~? 25 http://agendaweb.augustaga.gov/weblink7 /Doc View.aspx?id=8115&searchhandle=485&p... 7/28/2008 Pa,ge loft Steve E. Shepard From: Sent: To; Cc: Dear Steve. . I enjoyed talking with you briefty yesterday in Savannah, and am wliting this email as a follow up to our discussion. For your information, I have attached a copy of the original complaint, a brief summary of the contentions and parties, and a copy of the representation agreement signed by Hart County. The full case record may be ,. .. examined atl1tt~U.~9f..9<lDc:i,lJ?c()!I~,gQVf Qgi:::pjl}[R!<1.fi!2tJl!It3..~143.. Please let me know if J or any of our counsel team can answer any questions you mey have~: Thanks,'. Walter Gordon Walter James Gordon THE GORDON LAW FIRM ,. ~..gQr..IjQnl<lw.ftUn.,fOrn 700.377.7777 . This emailillldanyfdestransmittect with It are i!1I&ndedsoklly for the US09ftileindivklualor entity to whc>m they are addreSlled. P!ivi~ and QJnfic:I&ntla.1 informatiOn lll1cI is irltended only f9r the individual or entity named. If youare notthenamed ~ orcol>Yotthisco~othetthan to the pet'SOn orentily nalT1&d is strittly PR>llibibld. If you nawreceiv6d this error,~_notifytheso"der by Ui/ephone and destroy. deIet&. lil'Idmmovethe original eommul'lkl8tiOn sndany co~s ftOm your.cotnJ:ll,rter . ~lTl/n$twork. 4/26/2006 3 [