HomeMy WebLinkAboutResolution 3905-07-2010A Resolution
NO 3905-07 2010
A RESOLUTION 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 $100,000.00
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 Crty legal services m matters
concerning the Water Department and Transportation and Public Works contracts and representation of
the City in litigation concerning such matters in the amount of $50 000 00• and
WHEREAS, on April 17 2007 City Council approved M&C G-15680 adopting a resolution
increasing 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 increasing 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 Apnl 21 2009 Crty 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 increasing the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to
$650 000 00• and
WHEREAS, on April 13 2010 City Council approved M&C G-16893 adopting a resolution
mcreasmg the amount to be paid to Whitaker Chalk, Swindle & Sawyer L.L.P to $675 000 00• and
WHEREAS, it is anticipated that additional legal services concerning the Water Department and
Transportation and Public Works contracts and litigation concerning such matters will be needed during
2010 requiring a $100 000 00 increase to the total amount paid to Whitaker Chalk, Swindle & Sawyer
L.L.P thereby establishing the maximum amount of $775 000 00
RESOLUTION NO 3905-07 2010
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas
That the maximum amount authonzed 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 $100 000 00 to an amount not to exceed
$775 000 00
t~~r
Adopted this`27`" day~off''July 2010
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ATTEST .,,,, : ~ _ ~~''~`
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By -
1Vlart~,»Hendnx, Ci Secretary
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APPROVED AS TO FORM
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By -~
Harvey Frye, Sr Assi~~t City Attorney
ORT WORT
APPROVED
CITY COUNC{L
JUL 2 7 2010
City~of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/27/2010' - Res..No. 3905-07-2010
DATE Tuesday July 27 2010 REFERENCE NO *'"G-16993
LOG NAME 12WHITAKER CHALK INCREASE FS GENERAL 6-10
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 $100 000 00 (COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to adopt a resolution increasing the
maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer L.L.P by $100 000 00 for
assisting the City with legal matters concerning premature street failures
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 on April 13 2010 M&C G-16893 was adopted authorizing an additional $25 000 00
All matters concerning the Water Department and TPW contracts and representation of the City in
litigation are still pending There are outstanding invoices for March April and May 2010 in the amount of
$73 355 47 Because of the extraordinary importance of the issues it is the recommendation of the City
Attorney that the amount to be paid to Whitaker Chalk be increased by an additional $100 000 00 to an
amount not to exceed $775 000 00
The funding to cover these expenses will come from funds originally budgeted for a Freeway Lighting
Maintenance contract: As a result, there will be no contract this Fiscal Year and the work will be
postponed
The affected streets are located in COUNCIL DISTRICTS 2 and 6
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated of the General Fund
FUND CENTERS
Logname• 12WHITAKER CHALK INCREASE FS GENERAL 6-10 Page 1 of 2
TO Fund/Account/Centers FROM FundlAccount/Centers
GG01 539120 0204002 $100,000.00
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating_Department Head.
Additional Information Contact:
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Gerald Pruitt (7616)
Harvey Frye (8715)
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 6-10 Page 2 of 2