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HomeMy WebLinkAbout2000-194\Our Dmumenk\0rd1nenme\00\w01fe clerk hendereoe second amendment d« • e 0 1 - • /.% % AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR PROFES- SIONAL LEGAL SERVICES BETWEEN WOLFE, CLARK, HENDERSON & TIDWELL AND THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THERE- FOR, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Second Amend- ment to the Contract for Professional Legal Services between Wolfe, Clark, Henderson & Tidwell and the City of Denton in substantially the form of the Second Amendment attached hereto and incorporated by reference herein SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Second Amendment SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § The City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City", and Wolfe, Clark, Henderson & Tidwell, 123 North Crockett, Suite 100, Sherman, Texas 75090, hereinafter referred to as Consultant", hereby agree to this Second Amendment to the Agreement made and entered into the 2°d day of November, 1999, and amended on March 28, 2000 (said Agreement and said First Amendment hereinafter referred to as the "Base Agreement") WITNESSETH WHEREAS, the case has now been tried and the verdict of the jury has been received by the court, and motions for judgment are now due to be filed, and WHEREAS, the City had previously set a budget limit for Consultant for legal services in this case of $100,000 00 and whereas the total amount accrued for legal services and expenses by Consultant through the trial of the case, as of May 16, 2000, is $74,819 02, and WHEREAS, the parties believe this amendment would be fair, equitable, and in the best interest of the City, and the parties specifically find and agree that the fees agreed to herein are fair and reasonable as attorney's fees in Denton County, Texas, NOW, THEREFORE, it is agreed as follows 1 Consultant will continue to represent th andty in the to oppose filing of necessary motions to obtain ajudgment motions for judgment by plaintiff Consultant is hereby authorized to take an appeal from an adverse judgment to the Court of Appeals, and if necessary to the Texas SupremeCouSimilarly, the Court ant is authorized to oppose an appealby plaintiff n of Appeals and in the Supreme Court 2 Paragraph 3A of the Base Agreement is amended as follows For work performed by Consultant in this case on or after May 17, 2000, Consultant will be compensated as follows a If plaintiff, M A S , makes any recovery from the Consultantcity, then receive sation for professional servicesrender d (The City shall nbenresponsible 1 under paragraph 3D of the Base Agreement only for costs of court (including costs for the clerk's record, the reporter's record, and filing fees), copying costs, postage, and long distance telephone charges b If final judgment is entered that plaintiff, M A S , takes nothing, but no recovery is made by the City, then Consultant shall be paid its regular fees and expenses on the basis of the provisions of the Base Agreement c If final judgment is entered that the City of Denton recover any amount over and above costs of court, whether such additional amount consists of a return of all or part of the contract price paid to M A S or an award of attorney's fees to the City, then Consultant shall be paid for its work on or after May 17, 2000 in accordance with the terms of the Base Agreement, except that the hourly rate for work performed by an attorney shall be $150 00 an hour rather than $125 00 an hour d In the event that the case is remanded for new trial, and such order of remand is not overturned on appeal, then Consultant shall not be paid for legal services rendered on or after May 17, 2000 through the time that said order of remand becomes final Any legal services requested by the City from Consultant after such date will be compensated at the rate set out in the Base Agreement IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement t11r9ugh its du authorized undersigned partner, dated this the day of 2000 CITY OF DENTON ATTEST JENNIFER WALTERS, CITY SECRETARY By 2 Jez/ city Manager WOLFE, CLARK, HENDERSON & TIDWELL, L L P By X-'4L v Ron Clark