HomeMy WebLinkAboutResolution 3875-04-2010A Resolution
NO 3875-04-2010
INCREASING THE MAXIMUM AMOUNT TO BE PAID TO WHITAKER,
CHALK, SWINDLE & SAWYER, L.L.P., FOR ASSISTING THE CITY WITH
LEGAL MATTERS CONCERNING THE WATER DEPARTMENT AND
TRANSPORATION AND PUBLIC WORKS CONTRACTS AND LITIGATION
WITH AN ADDITIONAL SUM OF $25,000.00
WHEREAS, on June 20 2006 City Council approved M&C G 15239 adopting a resolution
retaining Whitaker Chalk, Swindle & Sawyer L.L.P to provide the City legal services m matters
concerning the Water Department and Transportation and Public Works contracts and representation of
the City m litigation concerning such matters m the amount of $50 000 00• and
WHEREAS, on April 17 2007 City Council approved M&C G-15680 adopting a resolution
mcreasmg the amount to be paid Whitaker Chalk, Swindle & Sawyer L.L.P to $150 000 00• and
WHEREAS, on September 25 2007 City Council approved M&C C 15873 adopting a
resolution mcreasmg the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
$200 000 00 and
WHEREAS, on February 19 2008, City Council approved M&C G-16055 adopting a
~ resolution mcreasmg the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
~ $250 000 00• and
WHEREAS, on September 30 2008 City Council approved M&C G-16288, adopting a
resolution increasing the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
$350 000 00' and
WHEREAS, on April 21 2009 City Council approved M&C G-16288, adopting a resolution
mcreasmg the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to $500 000 00• and
WHEREAS, on December 8 2010 Crty Council approved M&C G-16770 adopting a
resolution mcreasmg the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
$650 000 00• and
WHEREAS, rt is anticipated that additional legal services concerning the Water Department and
Transportation and Public Works contracts and litigation concerning such matters will be needed dunng
2010 requmng a $25 000 00 increase to the total amount paid to Whitaker Chalk, Swindle & Sawyer
L.L.P thereby establishing the maximum amount of $675 000 00
ORT WORT
T`
RESOLUTION NO 3875-04-2010
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas
That the maximum amount authorized to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P
for legal matters concerning the Water Department and Transportation and Public Works contracts and
litigation concerning such matters is hereby increased by $25 000 00 to an amount not to exceed
$675 000 00
Adopted this 1=3 ~,~day of April 2010
ATTEST:" ~ r~~•
M ~,.. ~ ` f ~ ~„ J.
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'~1Vlarty Hendrix, Ci; .secretary
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APPROVED AS TO FOR1V1.
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By~
Harvey Fry , r Assist t City Attorney
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APPROVED
CITY COUNCIL
APR 13 2010
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City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
_- ~-
COUNCIL ACTION: Approved on 4/13/2010 - Res.'No. 3875-04-2010 8~ Ord.;.Na. 19106.-04-
'2010
~~~
DATE Tuesday April 13 2010 REFERENCE NO *G-16893
LOG NAME 12WHITAKER CHALK INCREASE FS GENERAL2
SUBJECT
Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of
Whitaker Chalk, Swindle and Sawyer L.L.P to Assist the City with Legal Matters Concerning Premature
Street Failures in an Additional Sum of $25 000 00 and Adopt Supplemental Appropriation Ordinance
(COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer
L.L.P by $25 000 00 for assisting the City with legal matters concerning premature street failures, and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $25 000 00 and decreasing the unaudited unreserved undesignated fund balance by the same
amount.
DISCUSSION
By adopting M&C G-15239 on June 20 2006 the City Council approved Whitaker Chalk, Swindle and
Sawyer L.L.P (Whitaker Chalk) to assist the City with various legal issues regarding the City's Water
Department and Transportation and Public Works Department (TPW) contracts and authorized payment
to Whitaker Chalk in an amount not to exceed $50 000 00 M&C G-15680 adopted on April 17 2007
increased the authorized amount to $150 000 00 M&C G-15873 adopted on September 25 2007
increased the authorized amount to $200 000 00 M&C G-16055 adopted February 19 2008 increased
the authorized amount to $250 000 00 M&C G-16288 adopted September 30 2008 increased the
authorized amount to $350 000 00 M&C G-16541 adopted on April 21 2009 increased the authorized
amount to $500 000 00 M&C G-16770 adopted on December 8 2009 increased the authorized amount
to $650 000 00
Through March 1 2010 Whitaker Chalk has been paid $646 815 40 with no outstanding bills
All matters concerning the Water Department and TPW contracts and representation of the City in
litigation are still pending Because of the extraordinary importance of the issues raised it is the
recommendation of the City Attorney to authorize an additional sum of $25 000 00 to Whitaker Chalk for
their services concerning those matters not to exceed $675 000 00
The affected streets are located in COUNCIL DISTRICTS 2 and 6
FISCAL INFORMATION /CERTIFICATION
Logname 12WHITAKER CHALK INCREASE FS GENERAL2 Page 1 of 2
The Financial Management Services Director certifies that upon the approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance funds will be
available in the current operating budget, as appropriated of the General Fund Upon approval the
unreserved undesignated fund balance of the General Fund will exceed the minimum reserve as outlined
in the Financial Management Policy Statements
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 538110 0121000 $25,000.00
CERTIFICATIONS
Submitted for City Manager's Office by:
Originating_Department Head.
Additional Information Contact:
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Harvey Frye (8715)
Gerald Pruitt (7616)
Logname• 12WHITAKER CHALK INCREASE FS GENERAL2 Page 2 of 2