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.
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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
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APPROVED AS TO LEGAL FOR1V1: �--
ANITA BURGESS; CITY ATTORNEY
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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 ($185,OU0.00), and Consultant agrees to notify City and seek a modification af
the Contxact should the total fees exceed such amount, Ii is understood and agreed that the
course of litigation is difficult to predict and that nnodiflcation to exceed the total fee amount
rnay be requued.
SECTION 2. Save and e�cepi as amended hereby, a�� the remaining sections,
parag.raphs, sentences, clauses, and phrases of the Base Coniract shall remait� in full force and
effect. �
TN WITNESS WI�EREOF, the City of Denton, Texas has caused this First Ame�dment
to be e� ecuted by its du�y authoxized City Manager; and Consultant has executed on this the
�/'L day of Q,�(��,/2. , 2012.
CTTY' OF DENTON, TEXAS
Bya - �C—`
GEORG C, CAMPBE L
CITY MANAGER
ATTEST;
JENNIFER �WALTERS, CITY SECRETARY
By.
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A.PP VED.A TO LEGAL FORM;
ANITA..$T��RGESS. CITY ATTORNEY
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CONSULTANT;
W4LFE, TIDWELL & �Y
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