2014-058sAlegal\our documents\ordinances\Mmorgan psa-gas well matters.doc
ORDINANCE NO. 2014-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL
OF A PROFESSIONAL LEGAL SERVICES AGREEMENT BY AND BETWEEN TERRY
MORGAN & ASSOCIATES, P.C. AND THE CITY OF DENTON, TEXAS; PROVIDING
FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to engage
the law firm of Terry Morgan & Associates, P.C., Dallas, Texas to provide professional legal
services for the City of Denton, Texas that are related to the gas well matters in the City; and
WHEREAS, City staff has reported to the City Council that there is a substantial need for
the above-referenced professional legal services and that the City has been working with Terry
Morgan and Associates pursuant to the contracting authority of the City Manager; further,
limited City staff cannot adequately perform the specialized services and tasks 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 select a provider of professional
services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair
and reasonable price; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble to this ordinance is incorporated herewith by reference as a
part of this ordinance.
SECTION 2. The City Manager is hereby authorized by the City Council to extend the
Letter Agreement between the City and Terry Morgan & Associates, P.C., Dallas, Texas, dated
October 30, 2013 and attached hereto as Exhibit "A" and incorporated herein, for professional
legal services for a total fee of not to exceed $300,000.
SECTION 3. The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Terry Morgan & Associates, P.C.
and the demonstrated ability of Terry Morgan & Associates, P.C. to perform the services needed
by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby
authorized.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
sAlegal \our documents \ordinances \14\morgan psa -gas well matters. doc
PASSED AND APPROVED this the day of T 2014.
4
MARk A. BUR'r0UQxfIS,'MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPRO -D AS 'O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
Exhibit A
TERRY D. MORGAN & ASSOCIATES, P.C.
Attorneys and Counselors
RENAISSANCE TOWER
1201 ELM STREET, SUITE 4800
DALLAS, TExAs 75270
TERRY D. MORGAN
OF COUNSEL
OOINS, UNDERKOFLM CRAWFORD do LANODON, L.L.P.
LETTER AGREEMENT
October 30, 3013
VIA EMAIL
Ms. Anita Burgess
City Attorney
City of Denton, TX
215 E. McKinney
Denton, TX 76201
Re: Scope of Legal Services
City of Denton v. Eagleridge
Dear Anita:
(214) 740.9944
FAX: (214) 969.5902
E -Mall: terrym®gucl.com
This letter confirms the employment of Terry Morgan & Associates ( "TMA') for legal
services to assist the City of Denton in prosecuting and defending litigation with Eagleridge
Energy, LLC and Eagleridge Operating, LLC regarding compliance with the City's gas well
regulations. The scope of legal services for this task may generally be described as providing
legal assistance to the City Attorney in evaluating such claims, filing litigation in behalf of the
City, formulating legal defense strategies, conducting legal research and discovery, trying the
case(s), preparing potential settlement terms and engaging in settlement negotiations, and
advising the City Manager and the City Council concerning such litigation. In connection with
these tasks, TMA will attend executive sessions of the City Council, as directed by the City
Attorney, for purposes of briefing the Council on the status of the claims.
TMA will perform such services as directed by the City Attorney. The City will
compensate TMA for time and expenses, including any services already provided prior to the
date of this letter agreement after authorization by the City Council on October 15, 2013. TMA
has retained the services of James Morris, Goins Underkofler, as co- counsel, whose employment
for this task is likewise confirmed. Legal services will be billed by Terry D. Morgan at the rate
of $300 per hour and by James Morris at the rate of $275 per hour. TMA charges for expenses
as follows: for in- office photocopying, $.25 per page; for telecopying, $1.00 for the first page of
a transmission, and $.25 per subsequent page; for postage, cost. We will bill the City at cost for
out -of- pocket expenses, but will not incur any unusual expense without the City's prior approval.
Ms. Anita Burgess
October 30, 2013
Page 2
Invoices will be sent to the City on a monthly basis, with payment to be rendered within thirty
(30) days of receipt.
If you agree with the description and terms of the legal services set forth, please have a
copy of this letter acknowledged and return it to me. If you have questions or changes, please do
not hesitate to contact me. I look forward to continuing work with the City in this matter.
If you have any questions or comments, please contact our office.
TDM/jc
07648-00085608.doc
Not to exceed $90,000.00.
ACKNOWLEDGMENT:
CITY OF DENTON, TEXAS---
1
M
By.
Gorge . Campbell
Title: City Manager:
Sincerely yours,
�
- - iO
Terry D.L organ
for Terry Morgan & Associates, P.C.
APPROVED AS TO LEGAL FORM
ANI1' t3LRGE,SS,_ CITY ATTORNEY
By: a "t C.