2012-097ORDINANCE NO. 2� 12-�97
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 CONSTANGY, BROOKS
& SMITH FOR PROFESSIONAL LEGAL SERVICES RELATING TO PENDING
LITIGATION STYLED JONES V. CITY OF DENTON, CAUSE NO. 2011-50255-367, FILED
1N THE 367TH DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR 1N AN AMOUNT NOT TO EXCEED $250,000;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage Constangy, Brooks & Smith to provide professional legal services relating to litigation
styled Jones v. City of Denton, Cause No. 2011-50255-367, 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 finds and concludes that
Constangy, Brooks & Smith 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 Legal 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 Constangy, Brooks & Smith for
professional legal services relating to litigation styled Jones v. City of Denton, Cause No. 2011-
50255-367, 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 Constangy, Brooks & Smith and the ability of Constangy,
Brooks & Smith to perform the professional legal 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 $250,000.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
S�
PASSED AND APPROVED this the �' day of `�����, , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.
BY:
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Z:1Contracts\121constangy second emendment -jones.doc
STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO
CONTRACT FOR PROFESSIONAL LEGAL SERVICES
THIS SECOND AMENDMENT TO THAT CONTRACT made and entered into the 7th
day of April, 201 l, ("Base Contract") by and between Constangy, Brooks & Smith, 100 Crescent
Court, Suite 700, Dallas, Texas 75201, hereinafter referred to as "Consultant," and the City of
Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201,
hereinafter referred to as "City," for professional legal services regarding Jones v. City of
Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court of Denton
County.
WITNES SETH
SECTION l. Paragraph C of Section 3"Compensation and Method of Payment" of the
Base Contract is hereby amended to read as follows:
3. Compensation and Method of PaYment:
C. Consultant estimates and City agrees that all charges for the legal services
hereunder, including reasonable out-of-pocket expenses, shall not exceed two
hundred fifty thousand dollars ($250,000), and Consultant agrees to notify City
and seek a modification of the Agreement should the total fees exceed such
amount. It is understood and agreed that the course of litigation is difficult to
predict and that modification to exceed the total fee amount may be required.
SECTION 2. Save and except as amended hereby, all the remaining sections,
paragraphs, sentences, clauses, and phrases of the Base Contract shall remain in full force and
effect.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Second
Amendment t be executed by its duly authorized City Manager; and Consultant has executed on
this the � day of , 2012.
CITY OF DENTON, TEXAS
BY:
GEO GE C. CAMPBELL
CITY MANAGER
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ATTEST: .
JEN`NIFER WAI,TERS, CITY SECRETARY - •
B X; .
. ' APP OVED A : O. L,E , _ : � . . : .
. ; . ANITA BUIR - ` � ,. C7 � . ° EY . � , � ' .
. � CONSTANGY, �BROOKS & SMITH : . � � : ..:
. - . �. � � � � � . .
BY:
MICHAEL MASLANKA �
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