HomeMy WebLinkAboutResolution 3935-12-2010 A Resolution
NO. 3935-12-2010
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$145,000.00
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
FEboTWORTH
RESOLUTION NO. 3935-12-2010
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.
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 $145,000.00 to an amount not to exceed
$920,000.00.
Adopted this 7th day of December, 2010.
APPROVED
ATTEST: CITY COUNCIL
By: M &—k�
Marty Hendrix, Ci y Secretary DEC 0 7 2010
APPROVED AS TO FORM: C4 of Fon Worth,Tex=
By: -
Harvey Fry , r. Assistant dity Attorney
FoRTWOUH
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/7/20101 - Res. No. 3935-12-20,10 & Ord. No. 119452-12-.
2010:
DATE: Tuesday, December 07, 2010 REFERENCE NO.: **G-17125
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL 11-10
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$145,000.00 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. 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 $145,000.00, for assisting the City with legal matters
concerning premature street failures.
2. Adopt the attached supplemental appropriation ordinance increasing appropriation in the General Fund
by $145,000.00 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; M&C G-16770 adopted on December 8, 2009, increased the authorized amount
to $650,000.00; M&C G-16893 adopted on April 13, 2010, increased the authorized amount to
$675,000.00. M&C G-16993 adopted on July 27, 2010, increased the amount to $775,000.00.
All matters concerning the Water Department and TPW contracts and representation of the City in
litigation are still pending. There are outstanding invoices for July 2010 through October 2010, of
approximately $110,500.00. 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 $145,000.00, to an amount not to exceed $920,000.00.
It is anticipated that additional funds will be needed in the future.
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 11-10 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 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 FROM Fund/Account/Centers
GG01 538110 0121000 $145,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
David Yett (7623)
Originating Department Head: Frank Crumb (8246)
Gerald Pruitt (7616)
Additional Information Contact: Harvey Frye (8715)
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 11-10 Page 2 of 2