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2001-136 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND KARGER KEY BARNES AND SPRINGER, LLP, TO PROVIDE LEGAL SERVICES WITH RESPECT TO A OPEN RECORDS REQUEST AND RELATED QUESTIONS, RATIFYING PRIOR ACTIONS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute the First Amendment to the Contract for Professional Legal Services, dated the 21st day of March, 2000, with Kargar Key Barnes and Spnngcr, LLP, to assist the City Attorney's office in responding to an open records request and to provide related legal SECTION 2 That the City Manager is anthonzed to make the expenditures set forth m the agreement SECTION 3 That all previous actions of the C~ty Attorney and his staff, the City Manager and Ins staff, and Karger Key Barnes and Spnnger, LLP in taking actions and performing legal services with regard to thru matter are hereby ratified and approved SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~'~'~'/'b day of '~g~d_ (~_./'L ,2001 L EULINE BROCK, MAYOR ATTEST 2ENNIFER WALTERS, CITY SECRETARY // APPR~)VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES BETWEEN KARGER KEY BARNES & SPRINGER, LLP THIS FIRST AMENDMENT to that certain Agreement for Professional Legal Servmes, executed March 21, 2000, heretofore entered into by and between the City of Denton, Texas, a Texas Mumc~pal Corporation w~th ~ts offices at 215 East McKanney Street, Denton, Texas 76201 (hereafter referred to as "City"), and the law firm of Karger Key Barnes & Spnnger, LLP, 300 West Third, Suite 1700, Fort Worth, Texas 76102 (hereafter referred to as "Consultant"), acting herein by and through their respective duly authorized s~gnatones, (hereinafter referred to as "Agreement"), and WITNESSETH NOW, THEREFORE, ~n consideration of the promises and mutual obhgatlons herein, the part,es hereto do hereby mutually agree as follows SECTION 1 That Article 1 "Scope of Services" of the Agreement is hereby amended by adding a new Sectmn F to read as follows F Consultant shall perform legal advice and related legal services, to assist the C~ty Attorney in responding to an open records request involving various county development districts and related matters, including all legal matters pertmmng to said open records request SECTION 2 That Article 3 "Compensation and Method of Payment" is hereby amended by amending Subsection C to read as follows C Consultant estimates and the City agrees that the all charges to legal servmes hereunder including reasonable out-of-pocket expenses shall not exceed $34,999 Consultant's legal services related to the open records request shall not exceed $10,000 which is included w~ttun tins Amendment Consultant agrees to notify the City and seek a modification to the Agreement should the total fees exceed such amount SECTION 3 That save and except as amended hereby, all the remtumng sectmns, terms and conditions of the Agreement shall remain ~n full force and effect IN WITNESS HEREOF, the C~ty of Denton, has caused the Agreement to be executed ~n duphcate originals by ~ts newly authorized C~ty Manager, and Consultant's Page 1 of 2 .~ executed Agreement to ~ts duly authonzed undersigned partner, dated tlus the ,~ day o~Mareh, 2001 IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Karger Key Barnes & Spnnger, LLP have executed this F~rst Amendment To Agreement For Professional Legal Serwees, ~n duphcate original counte~art~.~ by and through their respective duly anthonzed undersigned partner, on th~s the ~t~ day of Mareh, 2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumelpal Corporation ~Vflchael ~ Je~)~rManager ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" KARGER KEY BARNES & SPRINGER, LLP ATTEST By Page 2 of 2