HomeMy WebLinkAboutResolution 3988-05-2011A Resolution
NO. 3988-05-2011
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 $66,000.00
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 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 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 G- 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 increasing
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 April 21, 2009, City Council approved M &C G- 16541, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $500,000.00; and
WHEREAS, on December 8, 2009, City 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
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $675,000.00; and
WHEREAS, on July 27, 2010, City Council approved M &C G- 16993, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $775,000.00; 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
FORT_ WORN
T
Resolution No. 3988 -05 -2011
2011, requiring a $145,000.00 increase to the total amount paid to Whitaker, Chalk, Swindle & Sawyer,
L.L.P., thereby establishing the maximum amount of $920,000.00.
WHEREAS, it is anticipated that legal services concerning the Water Department and
Transportation and Public Works contracts and litigation concerning such matters will be needed during
2011, requiring an additional $66,000.00 increase to the total amount paid to Whitaker, Chalk, Swindle
& Sawyer, L.L.P., thereby establishing the maximum amount of $986,000.00.
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, 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 $66,000.00 to an amount not to exceed
$986,000.00.
Adopted this 24th day of May, 2011.
ATTEST:
0
By:
Marty Hendrix, City Secretary
APPROVED AS TO FORM:
By: �-/=, - l
"
Harvey Fry r. Assistanteity Attorney
KR i YOM
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, May 24, 2011 REFERENCE NO.: * *G -17278
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL 04 -11
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 $66,000.00 and Adopt Supplemental Appropriation Ordinance and
Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the General Fund by the Same
Amount (COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $66,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same
amount.
2. 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 $66,000.00, for assisting the City with legal matters
concerning premature street failures.
DISCUSSION:
On June 20, 2006, the City Council approved retaining the law firm of 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 contracts related to premature street
failures. (M &C G- 15239). Due to the complexity and number of issues related to premature street failures,
the authorized amount was increased from the initial $50,000 to a total of $920,0000 between 2007 and
2009. (M &C G- 15680; M &C G- 15873; M &C G- 16055; M &C G- 16288; M &C G- 16541; M &C G- 16770; M &C
G- 16893; M &C G- 16993; and M &C G- 17125).
The legal issues regarding the Water Department and Transportation and Public Works Department
contracts and representation of the City in litigation are still pending.
There are outstanding invoices remaining of approximately $56,000.00 for services rendered. Due to the
importance of the issue to the City and to fulfill the direction of the City Council, it is the recommendation
of the City Attorney and the City Manager that the amount to be paid to Whitaker Chalk be increased by
an additional $66,000.00, to an amount not to exceed $986,000.00.
The affected streets are located in COUNCIL DISTRICTS 2 and 6.
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 04 -11 Pagel of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon 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 General Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS:
TO Fund /Account/Centers
GG01 538110 0121000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
$66,000.00 GG01 538110 0121000
Fernando Costa (6122)
Sarah Fullenwider (8006)
Frank Crumb (8246)
Gerald Pruitt (7616)
Harvey Frye (8715)
$66,000.00
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 04 -11 Page 2 of 2