HomeMy WebLinkAboutResolution 3865-03-2010A Resolution
No. 3865-03-2010
TO INCREASE THE AMOUNT PAID TO THE LAW FIRM OF BOOTH, AHRENS AND
WERKENTHIN, P C., AS OUTSIDE LEGAL COUNSEL TO ADVISE THE CITY
CONCERNING THE NEGOTIATION AND DRAFTING OF THE NEW WHOLESALE
WATER CONTRACTS
WHEREAS the City of Fort Worth has entered into several Wholesale Water Contracts for
the sale of treated water which will expire in 2010• and
WHEREAS the law firm of Booth, Ahrens and Werkenthin, P C has substantial expertise in
negotiating and drafting of wholesale water contracts and has agreed to assist the City m this matter
and
WHEREAS, on August 19 2008, the City Council approved the hinng of Booth, Ahrens and
Werkenthm, P C m the amount of $14 700 00• and
WHEREAS, the Wholesale Water Contracts are still under negotiation and it is estimated that
an additional amount of approximately $25 000 00 beyond the authorized cost of $14 700 00 is
necessary to conclude the negotiations for the Wholesale Water Contracts.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1
That the compensation to be paid to Booth, Ahrens and Werkenthm, P C as outside legal
counsel, to advise the City concerning the negotiation and drafting of the new Wholesale Water
Contracts be increased by $25 000 00 for a maximum amount not to exceed $39 700 00
AND IT IS SO RESOLVED
Adopted this 9th day of March 2010
ATTEST CITY C®UNCit
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Ctty,.Secretary ,» -~ ~ City Secretary of the
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 319/2010 -Res. No. 3865-03-2010 8~ Ord. No. 19065-03-
2010
DATE Tuesday March 09 2010 REFERENCE NO *G-16864
LOG NAME 12WHOLESALECONTINCREASE
SUBJECT
Adopt a Resolution Authorizing the Increase of $25 000 00 to the Maximum Amount to be Paid to the Law
Firm of Booth Ahrens and Werkenthin P C as Outside Legal Counsel to Assist and Advise the City on
Legal Issues Related to the Negotiation and Drafting of the Wholesale Water Contracts for an Amount Not
to Exceed $39 700 00 and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt the attached resolution authorizing an increase of $25 000 00 to the maximum amount to
be paid to the law firm of Booth Ahrens and Werkenthin P C as outside legal counsel to assist and
advise the City on legal issues related to the negotiation and drafting of the wholesale water contracts for
an amount not to exceed $39 700 00 and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $25 000 00 and decreasing the unaudited unreserved undesignated fund balance by the
same amount.
DISCUSSION
The Water Department and its wholesale water customers have used the Wholesale Water Contract as
the Agreement by which customer cities have bought treated water from Fort Worth These contracts will
expire on December 31 2010
In advance of this expiration date the Water Department sought proposals from qualified firms with
technical industry and legal expertise specific to these wholesale water agreements to assist staff in the
review and negotiation of new wholesale water contracts with its wholesale water customers An
evaluation team consisting of staff and representatives of the Wholesale Customer Advisory Committee
reviewed the proposals and presentations by the firms consulting The team recommended that the Water
Department contract with R.W Beck, Inc. and Booth Ahrens and Werkenthin P'C to assist the City in
drafting and negotiating the new Wholesale Water Contracts
The City Council approved the hiring of Mr Michael J Booth with the law firm of Booth Ahrens and
Werkenthin P C to assist the City Attorney with regard to the legal issues concerning the negotiation and
drafting of new Wholesale Water Contracts by M&C G-16231 on August 19 2008 in the amount of
$14 700 00 Negotiations have required more legal services than anticipated
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations
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and adoption of the attached supplemental appropriation ordinance funds will be available in the current
operating budget, as appropriated of the Water and Sewer Fund Upon approval the unaudited
unreserved undesignated fund balance of the Water and Sewer Fund will exceed the minimum reserve as
outlined in the Financial Management Policy Statements.
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0609000 $25,000.00 PE45 539120 0609000 $25,000.00
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
Karen Montgomery (6222)
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Christa Reynolds (8984)
Skipper Shook (8402)
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