HomeMy WebLinkAboutResolution 3727-04-2009A Resolution
NO 3727-04-2009
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SAWYER, LLP, FOR ASSISTING THE CITY
WITH LEGAL MATTERS CONCERNING THE WATER DEPARTMENT AND
TRANSPORATION AND PUBLIC WORKS CONTRACTS AND LITIGATION
WITH AN ADDITIONAL SUM OF $150,000 00
WHEREAS, on June 20 2006 City Council approved M&C G 15239 adopting a
resolution retaining Whitaker Chalk Swindle & Sawyer LLP to provide the City legal
services in matters concerning the Water Department and Transportation and Public Works
contracts and representation of the City in 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 increasing the amount to be paid Whitaker Chalk Swindle & Sawyer LLP 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 LLP to $200 000 00 and
WHEREAS, on February 19 2008 City Council approved M&C G 16055 adopting
a resolution increasing the amount to be paid to Whitaker Chalk, Swindle & Sawyer LLP
to $250 000 00 and
WHEREAS, on September 30 2008 City Council approved M&C G 16288
adopting a resolution mcreaszng the amount to be paid to Whitaker Chalk Swindle &
Sawyer LLP to $350 000 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 2409 requiring a $150 000 00 increase to the total amount
paid to Whitaker Chalk Swindle & Sawyer LLP thereby establishing the maximum
amount of $500 000 00
91I'lI""!~` ~t yE" `'~t`Y"
RESOLUTION NO 3727 04 2009
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 LLP for legal matters concerning the Water Department and Transportation and
Public Works contracts and litigation concerning such matters is hereby increased by
$150 000 00 to an amount not to exceed $500 000 00
Adopted this 21st day of April 2009
APPROVE
r`~~~~~~ Cll"Y COUNCIL
ATTEST ~~`~~4 ~ j; ~'~~.~,
,.~ f _________ APR 2 1 2009
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1Vlart_y Hendrix CityS,e~cr:etary ~=~t~~
" ~ %e"~ " '~ ~' City Secretar of
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~; ,~ ~' City of Fort Worth,
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City of Fort Worth, Texas
Mayor and Council Communication
__ _ ~ ~-: ~ _ ~~_ ~r.
COUNCIL ACTION Approved on 4/21/2009 Res. No 3727-04-2009 & Ord. No. 18571-04-
2009.:...
,~ _ ~~ :~ _ ~ ~ ~ ~~ u
DATE Tuesday April 21 2009
LOG NAME 121NCREASE WCSS
REFERENCE NO G-16541
SUBJECT
Adopt a Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker
Chalk, Swindle and Sawyer LLP to Assist the City with Legal Matters Concerning the Water Department
and Transportation and Public Works Department Contracts and Litigation in an Additional Sum of
$150 000 00 and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $150 000 00 and decreasing the Unaudited Unreserved Undesignated Fund balance by
the same amount: and
2 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer
LLP by $150 000 00 to assist the City with legal matters concerning the Water Department and
Transportation and Public Works Department contracts and litigation in relation to premature street
failures
DISCUSSION
By adopting M&C G-15239 on June 20 2006 the City Council approved Whitaker Chalk, Swindle and
Sawyer LLP (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 and on
September 25 2007 M&C G-15873 was adopted to increase 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 Various matters
concerning Water Department and TPW contracts and representation of the City in litigation concerning
such matters 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 $150 000 00 to Whitaker Chalk for
their services concerning those matters not to exceed $500 000 00
Since the last increase counsel have been continuing to negotiate arbitration agreements with various
contractors. Several lawsuits have also been filed against contractors and developers. This M&C is to
increase the amount to be paid to Whitaker Chalk for these matters and general construction issues Fees
for litigation costs in City of Fort Worth v Arcadia Park and Site Concrete Inc will be addressed under a
separate M&C
Logname. 12INCREASE WCSS Page 1 of 2
The affected streets are located in COUNCIL DISTRICTS 2 and 6
FISCAL INFORMATION /CERTIFICATION
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 Water and Sewer Fund Upon approval
the Unaudited Unreserved Undesignated Fund balance in the Water and Sewer Fund will be
$3 068 322 63 below the 20 percent reserve required by the Financial Management Policy Statement.
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
PE45 531200 0601000
CERTIFICATIONS
Submitted for City Manager's Office bx:
Originating Department Head.
Additional Information Contact:
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Gerald Pruitt (7616)
Jimmy Riddell (7614)
$150,000.00
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