1999-435AN 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 C~ty Councd deems it necessary to add to the current scope of sermces
of that Contract for Professional Legal Servmes between the C~ty of Denton and Terry Morgan
and Assocmtes to prowde professional legal servmes to the C~ty pertmmng to the legal rewew of
the C~ty of Denton Comprehensive Plan 1999-2020, the Denton Development Code, and related
matters and to increase the not-to-exceed hm~t of compensation under the Contract from
$100,000 to $130,000, and
WHEREAS, the C~ty Council deems ~t m the pubhc interest to approve a First Amend-
ment to the current Contract for Professional Legal Services with Terry Morgan and Associates
adding to~ the scope of serwces as lndmated above, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager ~s hereby anthonzed to execute a F~rst Amendment
to that Contract for Professxonal Legal Services with Terry Morgan and Associates adding to the
scope of services legal adwce w~th regard to the rewrite of the City of Denton Comprehensive
Plan 1999-2020, the Denton Development Code, and related matters and lncreasmg the compen-
sation under the Contract, m substantially the form of the First Amendment attached hereto and
~ncorporated by reference herem
~ That the Cxty Manager ~s hereby authorized to make the expendxtures and
take the actions set forth in the attached F~rst Amendment
~_QTLQ_h~ That all previous legal sermces performed by Terry Morgan and Assocmtes
that fall within the contractual scope of legal services as expanded by the First Amendment are
hereby ratified and retroactively approved
~ That this ordinance shall become effective immediately upon 1ts passage
and approval
JAC~LLER, MAYO
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTO
Page 2
FIRST AMENDMENT TO
CONTRACT FOR PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
This First Amendment to that certmn Contract for Professional Legal Services, made and
entered ~nto on the 2nd day of March, 1999, by and between TERRY MORGAN &
ASSOCIATES, 1930 Thanksgiwng Tower, 1601 Elm Street, Dallas, Texas 75201, hereinafter
referred to as '~Consultant", and the CITY OF DENTON, a Texas Municipal Corporation, 215 E
McKmney, Denton, Texas 76201, hereinafter referred to as "C~ty", acting by and through its
duly-anthonzed C~ty Manager (heremai%r referred to as the "Base Agreement")
WHEREAS, the Cxty finds it necessary to amend the Base Agreement with Consultant to
add professional legal services for asmtance in providing legal advace with regard to the Denton
Comprehensive Plan 1999-2020 ("Comprehensive Plan"), the Denton Development Code, and
related legal services, and
WHEREAS, the Consultant is wflhng 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 addmonal
professmnal serwces in connection therewith,
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
part~es 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 Sectmn 2 b so that same shall now read as 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 ~ssues requested by
members of the C~ty staff, as well as any advice requested by the City
respecting annexation m connection wnh utility matters pertaimng to the
lmgat~on between the City and the two Fresh Water Supply D~stnct
defendants identified m paragraph I A 1 heremabove
2
follows
That Section II "Term" of the Base Agreement is hereby amended to read as
F~rst Amendment to Contract For Professional Legal Servmes - Page 1
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 m
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 dunng the term of this Agreement, and to meet the schedules
established by the City, through ItS City Conncal, City Manager or City Attorney, or as the
progress Of this matter may require As litigation is contemplated under the terms of this
engageme~at, Consultant and the City reasonably expect that further amendment(s) to t/us
Agreemenl will be entered into by them, so long as such contemplated litigation as pending and
not fully chsposed of
3 That Sectton III "Compensation and Method of Payment" of the Base Agreement
is hereby amended by amendmg 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 tbas 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 uncertmnttes of litigation and
related matters Ifa 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 C~ty Attorney of same Such notice shall provide an itemization of the
expected hours and expenses needed to complete the scope of servmes based on
each category or task yet to be completed on the engagement The City accepts
no responsibility for any work performed dunng 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 2ad day of March, 1999 shall remmn In full force
and effect
IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be
executed m four (4) original counterparts, by and through its duly-authorized City Manager, and
Consultant has executed this Agreement by and through its duly-authorized undersigned parmer,
dated this the day of ,1999
F~rst Amendment to Contract For Professional Legal Services - Page 2
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
A Texas Mummpal Corporation
TERRY MORGAN & ASSOCIATES
ATTEST
By
Fa:st Amendment to Contract For Professional Legal Servtces- Page 3