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HomeMy WebLinkAbout1999-435ORDINANCE NO -'7' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE A FIRST AMENDMENT TO THAT CONTRACT FOR PROFES- SIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN AND ASSO- CIATES ADDING TO THE CURRENT SCOPE OF SERVICES LEGAL ANALYSIS OF THE CITY OF DENTON COMPREHENSIVE PLAN 1999-2020, ANY REQUESTED ASSIS- TANCE IN REWRITING THE DENTON DEVELOPMENT CODE, AND OTHER LEGAL SERVICES RELATED THERETO, INCREASING THE COMPENSATION UNDER THE CONTRACT TO COVER THESE ADDITIONAL SERVICES, AUTHORIZING THE EX- PENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it necessary to add to the current scope of services of that Contract for Professional Legal Services between the City of Denton and Terry Morgan and Associates to provide professional legal services to the City pertaining to the legal review of the City of Denton Comprehensive Plan 1999-2020, the Denton Development Code, and related matters and to increase the not -to -exceed limit of compensation under the Contract from $100,000 to $130,000, and WHEREAS, the City Council deems it in the public interest to approve a First Amend- ment to the current Contract for Professional Legal Services with Terry Morgan and Associates adding toi the scope of services as indicated above, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a First Amendment to that Contract for Professional Legal Services with Terry Morgan and Associates adding to the scope of services legal advice with regard to the rewrite of the City of Denton Comprehensive Plan 1999-2020, the Denton Development Code, and related matters and increasing the compen- sation under the Contract, in substantially the form of the First Amendment attached hereto and incorporated by reference herein FACTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached First Amendment SSECTION 3 That all previous legal services performed by Terry Morgan and Associates that fall within the contractual scope of legal services as expanded by the First Amendment are hereby ratified and retroactively approved SECTION 4. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thus the 161i day of 11999 ATTEST JENNIFER WALTERS,/CIIT,Y SECRETARY BY w APP VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNE;--Y' MA A \ hm&depNAL\0w Document\Ordinanme 9\mmgen amendment wdinmm dm i JA i�LFRMAYOR Page 2 FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS COUNTY OF DENTON This First Amendment to that certain Contract for Professional Legal Services, made and entered into on the 2nd day of March, 1999, by and between TERRY MORGAN & ASSOCIATES, 1930 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, hereinafter referred to as "Consultant", and the CITY OF DENTON, a Texas Municipal Corporation, 215 E McKinney, Denton, Texas 76201, hereinafter referred to as "City", acting by and through its duly-authonzed City Manager (hereinafter referred to as the "Base Agreement") WHEREAS, the City finds it necessary to amend the Base Agreement with Consultant to add professional legal services for assistance in providing legal advice with regard to the Denton Comprehensive Plan 1999-2020 ("Comprehensive Plan"), the Denton Development Code, and related legal services, and WHEREAS, the Consultant is willing to perform such additional services in a professional manner as an independent contractor, and WHEREAS, the City desires to engage the Consultant to render these additional professional services in connection therewith, NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties do hereby mutually agree to amend the scope of services and the compensation of the Base Agreement as follows 1 That Section I "Scope of Services" of the Base Agreement is hereby amended by amending Section 2 b so that same shall now read as follows follows b Consultant shall provide the City with legal advice and services respecting the rewrite of the Comprehensive Plan, the Development Code, and related matters and services respecting land use issues requested by members of the City staff, as well as any advice requested by the City respecting annexation in connection with utility matters pertaining to the litigation between the City and the two Fresh Water Supply District defendants identified in paragraph I A 1 heremabove That Section II "Term" of the Base Agreement is hereby amended to read as First Amendment to Contract For Professional Legal Services — Page 1 II Term This Agreement shall be for a term of two (2) years, beginning effective February 1, 1999 and ending on January 31, 2001 This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its City Council, City Manager or City Attorney, or as the progress of this matter may require As litigation is contemplated under the terms of this engagement, Consultant and the City reasonably expect that further amendment(s) to this Agreement will be entered into by them, so long as such contemplated litigation is pending and not fully disposed of 3 That Section III "Compensation and Method of Payment" of the Base Agreement is hereby amended by amending Section C to read as follows C Consultant and the City agree that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed One Hundred Thirty Thousand Dollars ($130,000 00) The parties agree that the establishment of this not -to -exceed figure by the parties is based upon a reasonable, good faith estimate of the expected legal services to be rendered by Consultant, due to possible unexpected contingencies as well as the uncertainties of litigation and related matters If it appears during the term of this Agreement that Consultant's fees to properly accomplish the work provided in the scope of services, may exceed $130,000 00, Consultant shall give notice in writing to the City Manager and the City Attorney of same Such notice shall provide an itemization of the expected hours and expenses needed to complete the scope of services based on each category or task yet to be completed on the engagement The City accepts no responsibility for any work performed during the term of this Agreement in excess of $130,000 unless the City Council, by resolution or ordinance, authorizes such expenditure 4, That save and except as amended hereby, the terms and conditions of the Base Agreement entered into by the parties on the tad day of March, 1999 shall remain in full force and effect IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in four (4) original counterparts, by and through its duly-authonzed City Manager, and Consultant has executed this Agreement by and through its duly -authorized undersigned partner, dated this the day of '1999 First Amendment to Contract For Professional Legal Services — Page 2 CITY OF DENTON A Texas Municipal Corporation By CHAEL JE t Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By I APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M TERRY MORGAN & ASSOCIATES By 97 Terry M9 gan, jt - or -or ATTEST 10 \\CH LGL\VOLI\sh=dWepNAL\0ur DocumenttWontracu\99 orpn first amendment doc First Amendment to Contract For Professional Legal Services — Page 3