2015-179ORDINANCE NO. 2015 -179
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 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 $700,000.
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.
sAlegahour documents\ordinances\1 Mmorgan psa-gas well matters-2.doc
PASSED AND APPROVED this the day of 2015.
. . . ...........
CI II WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
BY:
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AMENDED
LETTER AGREEMENT
June 10, 2015
VIA EMAIL
Ms. Anita Burgess
City Attorney
City of Denton, TX
215 E. McKinney
Denton, TX 76201
Re: Scope of Legal Services
Gas Well Amendments and Negotiations with Operators
Dear Anita:
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This Amended Letter Agreement amends the Updated Letter Agreement dated September
23, 2014 for legal services to assist the City of Denton. Except for changes expressly stated
herein, all other terms of the Updated Letter Agreement are incorporated herein by reference as if
fully set forth. The City will compensate TMA for time and expenses, including any services
already provided prior to the effective date of this Amended Letter Agreement, not to exceed the
additional amount of $100,000, resulting in a cumulative amount of $700,000, unless by express
letter amendment.
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.
Sincerely yours,
Terry 1). Morgan
for Terry Morgan & Associates, P.C.
TDM /jc
6 -10-15 Amended Leiter Agreement (Gas Welland Olsum rr Mellotiations)
Ms, Anita Burgess
June 10, 2015
Page 2
CITY OF DENTON, TEXAS
ACKNOWLEDGMENT APPROVED AS TO LEGAL FORM
George C. Campbell °' Anita Burgess
Denton City Manager Denton City Attorney