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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. 1 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: 2 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 z;\aontracts1121constangy second �unendment - Jones.doC ' � , � i 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 � . � . .. . . :: I � . i , ' . . . � Page 2 � . ,