HomeMy WebLinkAboutResolution 3662-09-2008A Resolution
NO 3662-09-2008
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SAWYER LLP FOR ASSISTING THE CITY
WITH LEGAL ISSUES INCLUDING BUT NOT LIMITED TO ISSUES REGARDING
THE WATER DEPARTMENT AND TRANSPORATION AND PUBLIC WORKS
CONTRACTS
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 including but not limited to related to the Water Department and Transportation
and Public Works contracts to 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, it is anticipated that additional legal services concerning the Water
Department and Transportation and Public Works Contracts will be needed during 2008
requiring a $100 000 increase to the total amount paid to Whitaker Chalk Swindle &
Sawyer LLP thereby establishing the maximum amount of $350 000
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 services including but not limited to issues concerning the Water
Department and Transportation and Public Works Contracts is hereby increased by
$100 000 to an amount not to exceed $350 000
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APPROVED
CITY COUNCIL
SEP 3 0 2008
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ity Secretary of the
%` y of fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/30/2008 Res No 3662-09-2008 & Ord No 18310-09-2008
DATE Tuesday September 30 2008
LOG NAME 12WHITAKER 300 REFERENCE NO **G 16288
SUBJECT
Adopt 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 in Matters Concerning the Water
Department and Transportation and Public Works Contracts in an Amount Not to Exceed
$50 000 00 and Adopt Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $50 000 00 and decreasing the 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 $100 000 00 to assist the City in matters concerning the Water Department and Transportation and
Public Works contracts 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 To date Whitaker
Chalk has billed the City $243 997 75 for its services. 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 $100 000 00 to Whitaker Chalk for their services concerning those matters
not to exceed $350 000 00
Since the last increase counsel have been negotiating arbitration agreements with various contractors This
M&C is to increase the amount to be paid to Whitaker Chalk for these matters and general construction
issues. Fees for litigation lawsuit costs will be addressed under a separate M&C
FISCAL INFORMATION/CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations,
funds will be available in the current operating budget, as appropriated of the General Fund and Water and
Logname 12WHITAKER 300 Page 1 of 2
Sewer Fund Upon approval the unaudited available cash balance of the Water and Sewer Fund will be
$8 521 439 46 which is the amount available above the minimum reserve cash balance of $37 227 484 80
required by the City's Financial Management Policy Statements (i a 20 percent of the current year adopted
budget expenditures less debt service and capital projects)
TO Fund/AccountlCenters FROM Fund/Account/Centers
PE45 531200 0601000 $50,000.00 GG01 539120 0905500 $50,000.00
PE45 531200 0601000 $50,000.00
Submitted for City Manager's Office bv. Fernando Costa (6122)
Originating Department Head. David Yett (7623)
Frank Crumb (8246)
Additional Information Contact: Gerald Pruitt (7616)
Jimmy Riddell (7614)
Logname 12WHITAKER 300 Page 2 of 2