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Resolution 3889-06-2010
Q' A Resolution NO 3889-06-2010 A Resolution for the Employment of Susan G Zachos, Solo Practitioner, 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 and which will expire to 2010 and WHEREAS, a specific need has arisen to address legal issues involved with negotiating and drafting wholesale water contracts and WHEREAS, Susan G Zachos solo practitioner has substantial expertise to negotiating and drafting wholesale water contracts and has agreed to assist the City in this matter NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 1 That the City Attorney is hereby authorized to retain Susan G Zachos as outside counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City Attorney to the negotiation and drafting of new wholesale water contracts 2 That as far as practicable the compensation to be paid to Susan G Zachos shall not exceed fifty thousand dollars ($50 000 00) AND IT IS SO RESOLVED Adopted this 8th day of June 2010 ATTEST J~~~ CITY COUNCIL ~*~~ay~ ^r~ l~ ~ '`' ; JUIV 0 8 2010 Marty Hendrix City S'ecretar~~, ~ ~ ~~ ~-~ ~`' ;, r` .~ _ ~ ~ Cily Secretary of the ~< °',~ ~ -' ~: h City of Fort Worth, Texas :~ rn~ ~ ~: ',rf,~ . ~1>. rr~,~r~ ; „~ ORTWORT i City of Fort Worth, Texas Mayor and Council Communication GOUNCIL ACTION: Approved on 61812©10 -Res. No. 3889-06-2010 DATE Tuesday June 08 2010 LOG NAME 12WHOLESALECONTADDITION REFERENCE NO "'G-16942 SUBJECT Adopt a Resolution Authorizing the Employment of Susan G Zachos as Outside Legal Counsel in an Amount Not to Exceed $50 000 00 to Assist and Advise the City on Legal Issues Related to the Negotiation and Drafting of the Wholesale Water Contracts RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to retain the law firm of Susan G Zachos solo practitioner as outside legal counsel pursuant to Chapter VI Section 3 of the City Charter to assist the City Attorney with legal issues related to finalizing the negotiation and drafting of the Wholesale Water Contracts and designating in advance as far as practicable the compensation to be paid to Susan G Zachos an amount not to exceed $50 000 00 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 The Water Department hired R W Beck, Inc. to assist the City with technical and industrial expertise in negotiating the new Wholesale Water Contract. R.W Beck, Inc. then suggested and the City hired the law firm of Booth Ahrens and Werkenthin P C to serve as the legal counsel to assist the City in the initial drafting and negotiation of the new Wholesale Water Contracts and to help in organizing the customer's legal concerns. The Water Department is now entering into final negotiations with the customer cities and desires to hire Susan G Zachos to solidify the City's position and to conclude the contract negotiations Susan G Zachos has had a long standing relationship with the Water Department and the wholesale customer cities Therefore it is recommended that the City Council authorize the hiring of Susan G Zachos to assist the City Attorney in finalizing the negotiation and drafting of new Wholesale Water Contracts. FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated of the Water and Sewer Operating Fund Logname• 12WHOLESALECONTADDITION Page 1 of 2 FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers PE45 5312000 0601000 $50,000.00 CERTIFICATIONS Karen Montgomery (6222) Submitted for City Manager's Office b~ Fernando Costa (6122) David Yett (7623) Originating Department Head. Frank Crumb (8246) Christa Reynolds (8984) Additional Information Contact: Skipper Shook (8402) Logname 12WHOLESALECONTADDITION Page 2 of 2