HomeMy WebLinkAboutResolution 3817-12-2009A Resolution
NO 3817 12 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
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 m litigation concerning such matters in the
amount of $50 000 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 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 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 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 LLP to $350 000 and
WHEREAS on April 21 2009 City Council approved M&C G 16541 adopting a
resolution increasing the amount to be paid to Whitaker Chalk Swindle & Sawyer LLP
to $500 000 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 requiring a $150 000 increase to the total amount paid to
Whitaker Chalk Swindle & Sawyer LLP thereby establishing the maximum amount of
$650 000
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
ORT W0
T
RESOLUTION NO 3817 12 2009
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 to an amount not to exceed $650 000
Adopted this 8th day of December 2009
APPfiOVE.~
ATTEST CITY GC~U~C6L
By DEC 0 8 2009
Marty Hendrix City Secretary ~` ~C,,~,~
City Secretary of ti-e
City of Fort Worth, Texas
APPROVED A F,
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Gerald Pruitt Deputy~C~ty Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 12/8/2009 -Res. No 3817-12-2009 & Ord. No. 18935-12- '.
2009
DATE Tuesday December 08 2009 REFERENCE NO *G-16770
LOG NAME 12WHITAKER CHALK INCREASE FS GENERAL
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 the Water
Department and Transportation and Public Works Department Contracts 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 a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer
L.L.P by $150 000 00 for assisting the City with legal matters concerning the Water Department and
Transportation and Public Works Department contracts in relation to premature street failures and
2 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.
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
Through September 30 2009 Whitaker Chalk has been paid $498 329 17 and has $88 677 73 in
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 $150 000 00 to Whitaker Chalk for
their services concerning those matters not to exceed $650 000 00
The affected streets are located in COUNCIL DISTRICTS 2 and 6
Logname• 12WHITAKER CHALK INCREASE FS GENERAL Page 1 of 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon the approval of the above
recommendations and adoption of the attached supplemental appropriation ordinances funds will be
available in the current operating budget, as appropriated of the Water and Sewer Fund Upon approval
the unreserved undesignated fund balance of the Water and Sewer Operating 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 531200 0701000 $150,000.00 1) PE45 531200 0701000 $150,000.00
CERTIFICATIONS
Submitted for City Manager's Office bX: Fernando Costa (6122)
David Yett (7623)
Originating Department Head. Frank Crumb (8246)
Additional Information Contact: Gerald Pruitt (7616)
Logname• 12WHITAKER CHALK INCREASE FS GENERAL Page 2 of 2