2001-086 ORDINANCE NO flPP/"P
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED CONTRACT FOR PROFESSIONAL
LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN &
OSHINSKY, L L P FOR SERVICES PERTAINING TO THE DENTON MUNICIPAL
ELECTRIC DIVESTITURE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it necessary and appropriate and in the pubhc
interest to continue to engage the law firm of Dlckste~n, Shapiro, Monn & Osh~nsky, L L P
(DSMO), of Washmgton, D C, to provide professional legal servmes pertmmng to the Denton
Munm~pal Electric d~vest~ture, and
WHEREAS, the C~ty has previously retmned the professional legal services of DSMO on
th~s matter on April 6, 1999, and has operated under a Contract For Professional Legal Serwces,
in the amount of $450,000 thereafter, and
WHEREAS, the C~ty staff has reported to the City Council that there is a substantial need
for the heremabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the highly specialized legal services and tasks, with
~ts 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 prowder of
professional services on the basis of competitive b~ds, but must select the provider of
professional services on the bas~s of demonstrated competence, knowledge, and quahficat~ons,
and for a fair and reasonable price, and the C~ty Council hereby finds and concludes that DSMO
is appropriately qualified under the prowslons of the law, to be continued as outside legal
counsel,for the C~ty, specffically Denton Mumc~pal Electric, respecting this engagement, 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
th~s First Amendment to Contract for Professional Legal Servmes, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a F~rst Amendment
to Contract for Professional Legal Servmes w~th the law firm of Dmksteln, Shapiro, Monn &
Osfunsky, L L P, of Washmgton, D C for professional legal services relating to the Denton
Mtmlmpal Electric divestiture, in substantially the form of the First Amendment to Contract for
Professional Legal Services attached hereto and incorporated herewith by reference
SECTION 2 That the award of this First Amendment to Contract is on the basis of the
demonstrated competence and quahficat~ons of DSMO, and the ablhty of DSMO, to perform the
professional legal services needed by the City for a fair and reasonable price
SECTION 3 That the expenditure of funds as prowded for m the attached First
Amendment to Contract for Professional Legal Services is hereby authorized
4 That as to the payment of fees and expenses, the F~rst Amendment to
SE_CT~ION. 4 · ~ , ~,.,,~ ,~ hereby ratified and retroactively approved, and shall
Contract for Pro~esslonal Legal .............. -
be effective from and after January 1, 2001
SECTION 5. That except as provided in Section 4 heremabove, this ordinance shall
become effective immediately upon its passage and approval
PASSED AND APPROVED th~s the ;0~ day of ~x.f~ 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Byff .... - /r '-
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Doouments\Ordmances\01\DSMO F~rst Amend Contract ord doc
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THE STATE OF TEXAS )
COUNTY OF DENTON )
FIRST AMENDMENT
TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES
THIS FIRST AMENDMENT to that certain Contract for Professional Legal
Serwees, executed April 6, 1999, dated effective March 12, 1999, heretofore entered ~nto
by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporation w~th ~ts
offices at 215 East MeIQnney Street, Denton, Texas 76201 (hereafter referred to as
"CITY"), and the law firm of D~ckste~n, Shapiro, Monn & Osh~nsky, a L~m~ted Lmbthty
Partnership, w~th ~ts offices at 2101 L Street NW, Washington, D C 20037 (hereafter
referred to as "LEGAL ADVISOR"), acting here~n by and through their respective duly
authorized s~gnatones, and
NOW THEREFORE, the C~ty of Denton, Texas and the firm of Dlckstem,
Shapiro, Monn & Oslunsky (hereafter collectively referred to as the "PARTIES"), m
conslderat~on of their mutual promises and covenants, as well as for other good and
valuable considerations, do hereby AGREE to the following amendments to the terms
and eondat~ons ofthe Contract For Profess~onal Legal Services (hereafierthe Contract ),
effective March 12, 1999, to w~t
I
That the prowsaons of Section III C of the Contract For Professional Legal
Servlees shall instead read an additional THREE HUNDRED THOUSAND DOLLARS
($300,000) effective January 1, 2001, as follows
C Subject to Section D, Legal Adwsor and the C~ty agree that charges for the
legal services contemplated under th~s Agreement, including all
professional serwees rendered by Legal Advisor and Subcontractor
combined, and including d~rect out-of-pocket expenses, shall not exceed
SEVEN I-YUNDRED FIFTY THOUSAND DOLLARS ($750,000)
II
The pARTIES agree, that except as specifically prowded for by th~s F~rst
Amendment to Contract For Professional Legal Serwces, that all of the terms, covenants,
condat~ons, agreements, rights, responsabtht~es, and obhgat~ons of the part~es set forth m
the Contract, shall remain m full force and effect
IN WITNESS WHEREOF, the C~ty of Denton, Texas and the firm of D~ckste~n,
Shapiro, Monn & Oshmsky, L L P have executed th~s F~rst Amendment To Contract For
Professional Legal Services, tn (4) original counterparts, by and through the!r respective
duly~ authorized representatives and officers on this the ~. day of
x ~2//2j~3j~. ,2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
tlv~chael~0V Je,~y Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBER~I L PROUTY, CITY ATTORNEY
"CONSULTANT"
DICKSTE1N, SHAPIRO, MORIN & OSHINSKY
A L~m~ted Lmbdlty Partnership
ATTEST
C \WINDOWS\TEMP~BSMO F~rst Amended Agrmt Divestiture DME doc
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