2008-028ORDINANCE NO&O,?-02 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH FIGARI & DAVENPORT
FOR PROFESSIONAL LEGAL SERVICES RELATING TO LITIGATION STYLED
CLIFTON V CITY OF DENTON, ET AL., CAUSE NO. 4:06-CV-472 PENDING 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 Figari & Davenport to provide professional legal services relating to litigation styled
Clifton v. City of Denton, et al., Cause No. 4:06-cv-472 pending in the U.S. District Court,
Eastern District, Sherman Division; 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 t
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 Figari
& Davenport 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 l: The recitations in the preamble are true and correct and are incorporated
herewith as part of this ordinance.
SECTION 2: The City Manager is hereby authorized to execute a Second Amendment
to Contract for Professional Legal Services with Figari & Davenport for professional legal „
services relating to litigation styled Clifton v. City of Denton, et al., Cause No. 4:06-cv-472
pending in the U.S. District Court, Eastern District, Sherman Division in substantially the form
of the Second 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 Figari & Davenport and the ability of Figari & Davenport 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 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
approval.
PASSED AND APPROVED this the day of
2008.
444,U 6A I
aR. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
SECOND AMENDMENT TO CONTRACT
FOR PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS
COUNTY OF DENTON
. THIS SECOND AMENDMENT TO THAT CONTRACT made and entered into the 22nd
day of November, 2006, (`Base ContracPl by and between Figari & Davenport, 3400 Bank of
America, 901 Main Street, Dallas, Texas 75202-3796, hereinafter referred to as "Consultant",
and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas
76201, hereinafter referred to as "City".
SECTION 1. Section 3 "Compensation and Method of Payment" of the Base Contract is
hereby amended by amending paragraphs A and C to read as follows:
3. COMPENSATION AND METHOD OF PAYMENT
A. Consultant shall charge the following fees for its professional services hereunder, based
on the following fees for its professional services hereunder, based on the following
hourly billing rates for the attorneys and support staff involved in this matter.
Principal Attorney $400.001hour
Associate Attorneys $180.00/hour
Paralegals $130.001hour
These billing rates are substantially reduced from those customarily billed by Consultant
for the attorney which will be involved in this matter. For example, the standard billing
rate at the present for Ernest. E. Figari, Jr. (i.e., Principal Attorney) is $525 per hour. Due
to the nature of the matter and to be as cost effective as possible, the Principal Attorney
plans to staff the matter with himself and a first-year attorney. Accordingly, the billing
rate shown above is the reduced rate at which a first-year attorney is billing on this
matter. Time will be billed at one tenth (.1) hour minimum billing increments.
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 fifty thousand
dollars ($250,000), 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 WFIEREOF, the City of Denton, Texas has caused this Second
Amendment to be executed by, is duly authorized City Manager, and Consultant has executed on
this the IL day of _ •JOh 10 y 2008.
i
CITY OF DENTON
BY:
GEORGE C. CAMPB L,
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP VED A5 TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
FIGARI & DAVENPORT
BY: ~l~av~
ERNEST E. FIGARI, JR. VV
Contract For Professional Legal Services - Page 2