2014-315s:\legal\our docurrdents\ordinances\14\constangy third amendment ordinance.doc
ORDINANCE NO. ZO 14-315
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO A
CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH CONSTANGY, BROOKS
AND SMITH RELATING TO LITIGATION STYLED DEBORAH SHAKLEE V. CITY OF
DENTON, CAUSE NO. 2013-20132-158; AUTHORIZING THE EXPENDITURE OF FLJNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage Constangy, Brooks and Smith to provide professional legal services relating to
litigation styled Deborah Shaklee v. City of Denton, Cause No. 2013-20132-158; 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 and Smith are 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 Third Amendment to Contract for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ION 1. The recitations in the preamble are true and correct and are incorporated
. S. E. C. T ..................
herewith as part of this ordinance.
SECTION 2. The City Manager is hereby authorized to execute a Third Amendment to
Contract for Professional Legal Services with Constangy, Brooks and Smith relating to litigation
styled Deborah Shaklee v. City of Denton, Cause No. 2013-20132-158, in substantially the form
of the Third Amendment to Contract for Professional Legal Services attached hereto and
incorporated herein by reference.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of Constangy, Brooks and Smith and the ability of Constangy,
Brooks and Smith to perform the professional legal services needed by the City for a fair and
reasonable price.
s:\legal\our documents\ordinances\14\constangy third amendment ordinance.doc
SECTION 4. The expenditure of funds as provided in the attached Third Amendment to
Contract for Professional Legal Services is hereby authorized, and the previous expenditures
regarding this litigation are ratified and approved.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approva �
1.
PASSED AND APPROVED this the ��,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY� .___��� r� � �`�� � �'°� "��� ��� ��'"�l'� .. '�'�'��"��"�°��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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s:\legal\our documents\contracts\14\constangy third amendment - shaklee.doc
STATE OF TEXAS
COUNTY OF DENTON
0
0
THIRD AMENDMENT TO
CONTRACT FOR PROFESSIONAL LEGAL SERVICES
THIS SECOND AMENDMENT TO THAT CONTRACT made and entered into the 9tn
day of September, 2013, by and between Constangy, Brooks & Smith, 1201 Elm Street, Suite
2550, Dallas, Texas 75270, 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 a complaint filed with the U.S.
Equal Employment Opportunity Commission by Deborah Shaklee.
WITNESSETH
SECTION 1. Paragraph C of Section 3"Compensation and Method of Payment" of the
Base Contract is hereby amended to read as follows:
C. Consultant estimates and City agrees that all charges for the legal services
hereunder, including reasonable out-of-pocket expenses, shall not exceed One Hundred
Thousand Dollars ($112,000.00), 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 Third Amendment
������� �� ��� �����y���� ' y anager; and Consultant has executed on this the
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^���'� � ro2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: m.. � � ��:��'��.....,. `��� "� �l�f°�� �.�,�� ���N....�"����.���
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CITY OF DENTON, TEXAS
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BY: � �
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GEORGE C. ��.�t'C'�!� k� Ie^;�.I.�
CITY MANAGER
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s:\Icgel\our docmnents\contractsU4lconstangy third amendment - shaklae.dac
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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BY� �� �"� r��� �'"d ��„�°. � —..
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CONSTANGY, BROOICS & SMITH
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