2009-178ORDINANCE NO. I Zf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO AN
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH FORD & HARRISON, LLP
FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE PLAINTIFF'S APPEAL OF
THE FINAL JUDGMENT ISSUED IN LITIGATION STYLED DAVID JOHNSON,
INDIVIDUALLY AND AS CLASS REPRESENTATIVE V. CITY OF DENTON FIRE
DEPARTMENT AND CITY OF DENTON, CAUSE NO. 4:07CV449, FILED IN THE U.S.
DISTRICT COURT, EASTERN DISTRICT, SHERMAN DIVISION; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage Ford & Harrison, LLP to provide professional legal services relating to litigation
styled David Johnson, Individually and as Class Representative v. City of Denton Fire
Department and City of Denton, Cause No. 4:07cv449, which was filed in the U.S. District
Court, Eastern District, Sherman Division; and
WHEREAS, on January 30, 2009 the Presiding Judge issued a Final Judgment dismissing
the case; and
WHEREAS, the Plaintiff has filed an appeal of the Final Judgment with the United States
Court of Appeals for the Fifth Circuit; 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 Ford &
Harrison, LLP is 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 Second Amendment to Contract for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The recitations in the preamble are true and correct and are incorporated
herewith as part of this ordinance.
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SECTION 2: The City Manager is hereby authorized to execute a Second Amendment
to an Agreement for Professional Legal Services with Ford & Harrison, LLP for professional
legal services relating to the appeal of the Final Judgment in litigation styled David Johnson,
Individually and as Class Representative v. City of Denton Fire Department and City of Denton,
Cause No. 4:07cv449, filed in the U.S. District Court, Eastern District, Sherman Division in
substantially the form of the Second Amendment to Agreement 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 Ford & Harrison, LLP and the ability of Ford & Harrison, LLP
to perform the professional legal services needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached Second Amendment
to the Agreement 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
approval.
PASSED AND APPROVED this the ~t day of , 2009.
MARK A. B O , " HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY .
BY: q,
APPROVED AS TO LEGAL FORM:
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S:\Our Docu cnLS\Conrams\09\ford harrisonjohnson second auenduen[.doc
STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS SECOND AMENDMENT TO THAT CONTRACT made and entered into the 23rd
day of October, 2007, ("Base Contract") by and between Ford & Harrison, LLP, 1601 Elm
Street, Suite 4450, Dallas, Texas 75201, 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 the provision of professional legal services relating to the
Plaintiff's appeal of the Final Judgment issued in litigation styled David Johnson, Individually
and as Class Representative v. City of Denton Fire Department and City of Denton, Cause No.
4:07cv449, filed in the U.S. District Court, Eastern District, Sherman Division.
WITNES SETH
SECTION 1. Paragraph C of Section 3 "Compensation and Method of Payment" of the
Base Contract is hereby amended to read as follows:
3. Compensation and Method of Payment:
C. Consultant estimates and City agrees that all charges for the legal services
hereunder, including reasonable out-of-pocket expenses, shall not exceed two
hundred thousand dollars ($200,000), and Consultant agrees to notify City and
seek a modification of the Contract 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 Second
Amendme t to be executed by/is duly aut orized City Manager; and Consultant has executed on
this the day of IJ /1 /1/7 )2009.
CITY OF DENTON, TEXAS
BY: "V- kl;~-,
GEOR-CiE C. CAMPB~LL
CITY MANAGER
4w 64 Okj~mti,
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ATTEST:
JENNjIFER WALTERS, CITY SECRE'T'ARY
BY:
APPROVED AS ' O LEGAL FORM:
FORD & HARRISON, LF
V l
B1~
TCHAEL P. MASLAiTfA,
PARTNER
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