HomeMy WebLinkAbout2001-086ORDINANCE NO �aN
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
ONAL
LEGAL SERVICESEXECUTEANAGER TO FIRST
WITH THELAW FIRM OF ENDED TE DIICKSTEIN, SHAPIRO,CT FOR FMOIRIN &
OSHINSKY, L L P FOR SERVICES PERTAINING TO THE DENTON MUNICIPAL
ELECTRIC DIVESTITURE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the law firm of Dickstein, Shapiro, Morin & Oshmsky, L L P
(DSMO), of Washington, D C , to provide professional legal services pertaining to the Denton
Municipal Electric divestiture, and
WHEREAS, the City has previously retained the professional legal services of DSMO on
this matter on April 61 1999, and has operated under a Contract For Professional Legal Services,
in the amount of $450,000 thereafter, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the heremabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the highly specialized legal services and tasks, with
its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the bass of competitive bids, but must select the provider of
professional services on the bass of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price, and the City Council hereby finds and concludes that DSMO
is appropriately to be continued as outside
coun el oCr the tyspecifically ified Denton Municipal Electric, nder the provisions of the respecting this engagement, andegal
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to of the foregoing professional legaservices, as set
this FirstbAm Amendment o Contract fore used for the te Professional Legal Services, NOW, THEREFORE, forth In
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a First Amendment
Contractto Professional
Services the
Dickstein, t
rin a
Osh kyL L P ofWashigton, D C for profesonl legal se vicesrelatngo theentonMunicipal
e form of the First
Professional ELegal Services attached heeto and
E incorporated herewith ereiement o Contract for
reference
SECTION 2 That the award of this First Amendment to Contract is on the basis of the
professionaldemonstrated competence and qualifications of iegal services needed by the ir, and the ability of DSMO, to perform the
City for a fair and reasonable price
SECTION 3 That the expenditure of funds as provided for in the attached First
Amendment to Contract for Professional Legal Services is hereby authorized
SECTION 4 That as to the payment of fees and expenses, the First Amendment to
Contract for Professional Legal Services is hereby ratified and retroactively approved, and shall
be effective from and after January 1, 2001
SECTION 5 That except as provided in Section 4 heremabove, this ordinance shall
become effective immediately upon its passage and approval
PASSED AND APPROVED this thedi(/-M day of 2001
& - &'-'L
EULINE BROCK, MAYOR
ATTEST
JENNIFER wALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Documents\Ordinances\Ol\DSMO First Amend Contract ord doe
THE STATE OF TEXAS )
COUNTY OF DENTON )
FIRST AMENDMENT
TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES
THIS FIRST AMENDMENT to that certain Contract for Professional Legal
Services, executed April 6, 1999, dated effective March 12, 1999, heretofore entered into
by and between the City of Denton, Texas, a Texas Municipal Corporation with its
offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as
"CITY"), and the law firm of Dickstein, Shapiro, Morin & Oshinsky, a Limited Liability
Partnership, with its offices at 2101 L Street NW, Washington, D C 20037 (hereafter
referred to as "LEGAL ADVISOR"), acting herein by and through their respective duly
authorized signatories, and
NOW THEREFORE, the City of Denton, Texas and the firm of Dickstein,
Shapiro, Morin & Oshmsky (hereafter collectively referred to as the "PARTIES"), in
consideration of their mutual promises and covenants, as well as for other good and
valuable considerations, do hereby AGREE to the following amendments to the terms
and conditions of the Contract For Professional Legal Services (hereafter the "Contract"),
effective March 12, 1999, to wit
I
That the provisions of Section III C of the Contract For Professional Legal
Services shall instead read an additional THREE HUNDRED THOUSAND DOLLARS
($300,000) effective January 1, 2001, as follows
charges
the
C egaSubject
c to services io contemplated Advisor
under and this City
Agreeme tthat
includingfor
all
professional services rendered by Legal Advisor and Subcontractor
combined, and including direct out-of-pocket expenses, shall not exceed
SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)
II
The PARTIES agree, that except as specifically provided for by this First
Amendment to Contract For Professional Legal Services, that all of the terms, covenants,
conditions, agreements, rights, responsibilities, and obligations of the parties set forth in
the Contract, shall remain in full force and effect
IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Dickstein,
Shapiro, Morin & Oshinsky, L L P have executed this First Amendment To Contract For
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Professional Legal Services, in (4) original counterparts, by and through their respective
duly authorized representatives and officers on this the p� day of
2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
ichael Je , y Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERI L PROUTY, CITY ATTORNEY
By iVVI "n `/1( _ Q D
"CONSULTANT"
DICKSTEIN, SHAPIRO, MORIN & OSHINSKY
A Limited Liability Partnership
By
ATTEST
By nlct amul�c���e
C \WINDOWS\TEMP\DSMO First Amended Agrmt Divestiture DME doc
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