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