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21-1832ORDINANCE NO. 21-1832 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN ENGAGEMENT LETTER WITH STANTON LLP FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE CITY'S DECLARED STATE OF LOCAL DISASTER DUE TO COVID- 19 AND ORDERS ISSUED PURSUANT THERETO, AND, AS NEEDED, ASSOCIATED LITIGATION; PROVIDING FOR THE EXPENDITURE OF FUNDS IN A NOT TO EXCEED AMOUNT OF 5100,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage Stanton LLP to provide professional legal services relating to the City's Declared State of Local Disaster due to COVID-19 and Orders issued pursuant thereto, and to prepare for the possibility of litigation associated with same; 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 finds and concludes that the law firm of Stanton LLP (the "Firm") is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City for the Professional Legal Services; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the Professional Legal Services and finds and concludes that is in the best interest of the public to retain Stanton LLP for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained in the preamble of this Ordinance are true and correct and are incorporated herewith as part of this ordinance. SECTION 2. The City Attorney, or designee, is authorized to execute an engagement letter with the law firm of Stanton LLP for professional legal services relating to City's Declared State of Local Disaster due to COVID-19 and Orders issued pursuant thereto, and, as needed, associated litigation ("Professional Legal Services"). SECTION 3. The award of this Engagement Letter is based on the demonstrated competence and qualifications of Stanton LLP (the "Firm") and the ability of the Firm to perform the Professional Legal Services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as pursuant to such engagement letter is authorized, and any previous expenditures regarding Professional Legal Services are confirmed, ratified, and approved. SECTION 5. The City Manager is authorized to expend funds as required by such engagement letter. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by 2)c;c�"h �. �fi� and seconded by V i C' .� . , �� , the ordinance was passed and approved by the following vote [ % - Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District l: X01 Mo ����i Brian Beek, District 2: y 0 F D F Jesse Davis, District 3: •' :T Zr% Alison Maguire, District 4: ✓ Deb Armintor, At Large Place 5: ./ Paul Meltzer, At Large Place 6: -1/ PASSED AND APPROVED this the �— H th day of !� V� U S , 2021. GERARD HUD ETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY X01 Mo ����i y 0 F D F BY: •' :T Zr% �.�V� ` r • r rr APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY �;� Q%•..,... /� gnaiNslynee nrceeneenennan fit,' N \moi C// maibGNnIM.CIIflor�nryoMenon com BY: