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2000-194 O INANCE NO - {q ¢ AN ORDINANCE OF THE CITY OF DENTON, TE~S AUTHO~Z~G THE CITY MAN- AGER TO EXECUTE A SECO~ ~E~MENT TO THE CONTACT FOR PROFES- SION~ LEGAL SERVICES BETWEEN WOLFE, CLX, HE~ERSON & TID~LL A~ THE CITY OF DENTON, A~HO~Z~G THE E~E~IT~ OF F~S THE~- FOR, A~ PROVinG ~ EFFECTWE DATE THE CITY CO~CIL OF THE CITY OF DENTON HE.BY O~S SECTION 1 That ~e City M~ager is hereby authorized to execute a Second ~end- ment to ~e Con.act for Professmnal Legal So. ices between Wolfe, Clark, Henderson & Tldwell ~d the C~W of Denton m subst~tlally the fo~ of the Second ~en~ent attached hereto ~d ~nco~orated by reference here~n SECTION 2 ~at ~e C~ M~ager ~s hereby authorized to m~e the expen&tures ~d t~e the actions set fo~ m ~e attach~ Second ~en~ent SECTION 3 That ~s ordinate shall become effective ~mmedmtely upon ~ts passage ~d approval PASSED ~ ~PROVED t~s ~e ~day of ~ ~. ,2000 EUL~E BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY HERBERT UTY, CIT TTORNEY SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL LEC4tL SERVICES STATE OF TEXAS COUNTY OF DENTON The City of Denton, a Texas municipal corporation, 215 East McKlnney, Denton, Texas 76201, hereinafter referred to as "City", and Wolfe, Clark, Henderson & Tldwell, 123 North Crockett, Suite 100, Sherman, Texas 75090, hereinafter referred to as "Consultant", hereby agree to this Second Amendment to the Agreement made and entered into the 2nd day of November, 1999, and amended on March 28, 2000 (said Agreement and sa~d First Amendment hereinafter referred to as the "Base Agreement") WITNESSETH WHEREAS, the case has now been tried and the verdict of the jury has been received by the court, and motions for judgment are now due to be filed, and WHEREAS, the City had previously set a budget limit for Consultant for legal services in this case of $100,000 00 and whereas the total amount accrued for legal services and expenses by Consultant through the trial of the case, as of May 16, 2000, $74,819 02, and WHEREAS, the parties believe this amendment would be fair, equitable, and in the best interest of the City, and the parties specifically find and agree that the fees agreed to herein are fair and reasonable as attorney's fees in Denton County, Texas, NOW, THEREFORE, it is agreed as follows 1 Consultant will continue to represent the City in the filing of necessary motions to obtain a judgment and to oppose motions for ]udgment by plaintiff Consultant is hereby authorized to take an appeal from an adverse judgment to the Court of Appeals, and if necessary to the Texas Supreme Court Similarly, Consultant is authorized to oppose an appeal by plaintiff in the Court of Appeals and in the Supreme Court 2 Paragraph 3A of the Base Agreement is amended as follows For work performed by Consultant in this case on or after May 17, 2000, Consultant will be compensated as follows a If plaintiff, M A S , makes any recovery from the City, then Consultant shall receive no compensation for professional services rendered (The City shall be responsible under paragraph 3D of the Base Agreement only for costs of court (including costs for the clerk's record, the reporter's record, and filing fees), copying costs, postage, and long distance telephone charges b If final judgment is entered that plaintiff, M A S , takes nothing, but no recovery is made by the City, then Consultant shall be paid its regular fees and expenses on the basis of the provisions of the Base Agreement c If final judgment is entered that the City of Denton recover any amount over and above costs of court, whether such additional amount consists of a return of all or part of the contract price paid to M A S or an award of attorney's fees to the City, then Consultant shall be paid for its work on or after May ll, 2000 in accordance with the terms of the Base Agreement, except that the hourly rate for work performed by an attorney shall be $150 00 an hour rather than $125 00 an hour d In the event that the case is remanded for new trial, and such order of remand is not overturned on appeal, then Consultant shall not be paid for legal services rendered on or after May 17, 2000 through the time that said order of remand becomes final Any legal services requested by the City from Consultant after such date will be compensated at the rate set out in the Base Agreement IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement thrQugh its du~ authorized undersigned partner, dated this the ~ day of~.~___ , 2000 CITY OF DENTON ~ael ~ Jez~l~y Manager ATTEST JENNIFER WALTERS, CITY SECRETARY WOLFE, CLARK, HENDERSON Ron Clark APPROVED AS~I~A~M