2015-178sAlegal \our docurnents \ordlnancesUMmorgan psa- txoga.doc
ORDINANCE NO. 2015-178
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 Texas Oil and Gas Association v.
City of Denton, Texas lawsuit, Cause No. 14- 08933 -431.
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 execute the
Letter Agreement between the City and Terry Morgan & Associates, P.C., Dallas, Texas, dated
June 10, 2015 and attached hereto as Exhibit "A" and incorporated herein, for professional legal
services 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.
SECTIO w_ O 5. This ordinance shall become effective immediately upon its passage and
N
approval.
sAlegal \our documents \ordinances \15 \morgan psa- txoga.doc
..to_ y �, PASSED AND APPROVED this the day of 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.l' l- 1Z ( y l ) AST 1 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ... .ln ........
Page 2
0 IRIS-VA-1-1-S, 1-1"S, MAYOR
t:wzy D. ORGAN & AsSOCIATES, P.C.
TnsRRY .D.1YIlOraGAN
Ch Cou +a Fa.
COWS., UNDE3RKOFLEPt, CRA.4t•'C'ORD & 1_,AtvC;DO N, L L N
A.ttomeys slid. Counselors
RESNAIS'S A. NCL' TOWER
1201 EUM STRETI:r, tiCJM 4800
DAM AS, T'E XAs 75270
June 10, 2015
AMENDED
LETTER AGREEMENT
VIA EMAIL ( anita.burgess @cityofdenton.com)
Ms. Anita Burgess
City of Denton
215 E. McKinney
Denton, Texas 76201
RE: Texas Oil and Gas Association v. City of Denton;
Cause No. 14- 08933 -431
Dear Anita:
(204)740 -9044
F °AX: (214) 069 -5902
E.- tMai1: terrpn @,1guc;1,cor w
This letter contains the proposal of Terry Morgan & Associates, P.C. ( "TMA ") for legal
services to assist the City of Denton, as follows. The scope of legal services for this task may
generally be described as providing legal assistance to the City Attorney in defending the claims
raised by Plaintiffs in the above - captioned matter, and may entail discovery, motion practice,
briefing and participation in the trial of the matter. It is understood in connection with this task
that Terry D. Morgan is of counsel to the firm of Morris, Schorsch and Stapleton, P.C. ( "MSS ")
and frequently uses the services of partners from MSS to assist in such tasks, the need for which
may arise in these proceedings. In connection with these legal services, TMA also will attend
executive sessions of the City Council for purposes of briefing the Council on the status of the
case, at the request of the City Attorney.
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
effective date of this letter agreement. Legal services will be billed by Terry D. Morgan at the
rate of $300 per hour; partners in MSS at rates between $250 -$300 per hour, and between $120-
$150 per hour for associates. TMA charges for reasonable and necessary expenses incurred as
part of this representation. TMA will not incur any extraordinary expenses without the City's
prior approval. Invoices for fees and expenses will be sent to the City on a monthly basis, with
payment to be rendered within thirty (30) days of receipt. Compensation for legal services and
expenses shall not exceed an additional $200,000, for a cumulative amount of $300,000, without
express written amendment to this letter agreement.
Ms. Anita Burgess
June 10, 2015
Page 2
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. I look forward to continuing work with the
City in this matter.
If you have any questions or comments, please contact our office.
Sincerely yours,
r
Tel y 1"'). lt`�11s.1 P
TDM/jc
6 -10 -15 Engagement Letter (TXOGA)
ACKNOWLEDGMENT:
WROVE J S'9"() FORM
CITY ATTORNEY
Ol ° 11 TON, TEXAS