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2012-062ORDINANCE NO. 2� 12-062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH WOLFE, TIDWELL & MCCOY, LLP FOR PROFESSIONAL LEGAL SERVICES RELATING TO PENDING LITIGATION STYLED LOVE'S TRAVEL STOPS AND COUNTRY STORES V. CITY OF DENTON, CAUSE NO. 2010-50304-367, FILED IN THE 367TH DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR 1N AN AMOUNT NOT TO EXCEED $185,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage Wolfe, Tidwell & McCoy, LLP to provide professional legal services relating to litigation styled Love's Travel Stops and Country Stores v. City of Denton, Cause No. 2010- 50304-367, filed in the 367th District Court of Denton County, Texas; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services, and that limited City staff cannot adequately perform the legal services 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 basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby iinds and concludes that Wolfe, Tidwell & McCoy, LLP is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Second Amendment to Contract for Professional Lega1 Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The recitations in the preamble are true and correct and are incorporated herewith as part of this ordinance. SECTION 2: The City Manager is hereby authorized to execute a Second Amendment to an Agreement for Professional Legal Services with Wolfe, Tidwell & McCoy, LLP for professional legal services relating to litigation styled Love's Travel Stops and Country Stores v. City of Denton, Cause No. 2010-50304-367, filed in the 367th District Court of Denton County, Texas in substantially the form of the Second Amendment to Agreement for Professional Legal Services attached hereto and incorporated herein by reference. 1 SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of Wolfe, Tidwell & McCoy, LLP and the ability of Wolfe, Tidwell & McCoy, LLP to perform the professionallegal services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Second Amendment to the Agreement for Professional Legal Services is hereby authorized in an amount not to exceed $185,000. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY � B APPROVED AS TO LEGAL FOR1V1: �-- ANITA BURGESS; CITY ATTORNEY .. ,... .-- _- BY� _.; - l—_- --- - _ _ � _ ���f _. Z:10rdinancesU2\mccoy sewnd amendment ordinance.doc 2 S:U.egnROurDOCUmenalCor�trecleUzlmccoy ucond emendmentdx STATE.OF TEXA.S § COUNTY 4F �ENTON § SECUND AMENDMENT T4 CONTRAGT F4R PROFESSIONAL LEGAL SER'VICES THiS FIRST AIvIENDMENT TO TH14.T CONTR.ACT. made and entered 'into the b'" day of October, 2010, {"Base Contract") by and between Wo1fe,� Tidwel� & McCoy, LLP, 2591 Dallas I'arkway, Suite 205, Frisco, Texas� 75034, hereinafter referred to as "Consultant," and the Gity of Dentan, Texas, a Texas Municipal Coxporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred ta as "City," for the provision of professional legal services xegarding litigation styled ,�ove's Travel Stops and Cauntry Stores, Inc. v. City �f Denton, Cause No, 2010- 50304-367, currently pending in the 367'� District Court, Denton Couzity, Texas WIT`NESSETH SECTION l.e Paragraph C of Ssction 3"Compensaiian and Method of Payment" of the Base Cont�act is hereby amended to read as follaws: 3. CoMPENSATTON AND METHOD �F PAYMENT: C. Cansultant estimates and City a.grees that all cha'rges for the legal services hereunder, includ'tng xeasonab�e out-of-pocket expenses, shall not exceed One Hundred, Eighty-five Thousand Dollars ($185,OU0.00), and Consultant agrees to notify City and seek a modification af the Contxact should the total fees exceed such amount, Ii is understood and agreed that the course of litigation is difficult to predict and that nnodiflcation to exceed the total fee amount rnay be requued. SECTION 2. Save and e�cepi as amended hereby, a�� the remaining sections, parag.raphs, sentences, clauses, and phrases of the Base Coniract shall remait� in full force and effect. � TN WITNESS WI�EREOF, the City of Denton, Texas has caused this First Ame�dment to be e� ecuted by its du�y authoxized City Manager; and Consultant has executed on this the �/'L day of Q,�(��,/2. , 2012. CTTY' OF DENTON, TEXAS Bya - �C—` GEORG C, CAMPBE L CITY MANAGER ATTEST; JENNIFER �WALTERS, CITY SECRETARY By. _...__..�_..�� A.PP VED.A TO LEGAL FORM; ANITA..$T��RGESS. CITY ATTORNEY : CONSULTANT; W4LFE, TIDWELL & �Y . � sy. � NtccaY Page 2