HomeMy WebLinkAboutResolution 4004-07-2011A Resolution
NO. 4004 -07 -2011
TO INCREASE THE AMOUNT TO BE PAID TO THE
LAW FIRM OF KELLY HART & HALLMAN LLP
FOR REPRESENTATION OF THE CITY IN A CAUSE OF ACTION
WHEREAS, on August 17, 2010, City Council approved M &C C- 24392, adopting a resolution
to retain Russell Cawyer and Marc Patton of the law firm of Kelly Hart &
Hallman LLP to represent the City in an action styled Ric Clark, David Ellis and
Weldon Norman v. City of Fort Worth, Texas, Civil Action No. 4:10 -CV- 519 -A,
pending in the United States District Court, Northern District of Texas, Fort
Worth Division; and
WHEREAS, Kelly Hart & Hallman LLP has billed a total of $74,762.87 in fees and expenses
for services rendered through March 31, 2011, in this action; and
WHEREAS, it is anticipated that additional sums will be needed to pay for attorney fees and
expenses rendered and to be rendered by Russell Cawyer and Marc Patton and the
law firm of Kelly Hart & Hallman LLP in their representation of the City in this
action;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
That the compensation to be paid to Russell Cawyer and Marc Patton and the law firm of Kelly
Hart & Hallman LLP for their fees and services rendered is hereby increased from $100,000.00 to an
amount not to exceed $150,000.00.
AND IT IS SO RESOLVED.
Adopted this 26`h day of July, 2011.
ATTEST:
:A
Marty Hendrix, Cit
ORT WORT
T
APPROVED
CITY COUNCIL
JUL 2 6 2011
N (Z'A
City Secretary of the
Cfty of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/26/2011 - Resolution No. 4004
DATE: Tuesday, July 26, 2011 REFERENCE NO.: * *C -25054
LOG NAME: 12KELLY HART -2
SUBJECT:
Adopt a Resolution Authorizing an Increase of $50,000.00 to the Maximum Amount to Be Paid to Kelly Hart
& Hallman LLP as Outside Counsel to Represent the City in an Action Styled Ric Clark, David Ellis and
Weldon Norman v. City of Fort Worth, Texas, Civil Action No. 4:10 -CV- 519 -A, Pending in the United States
District Court, Northern District of Texas, Fort Worth Division, for a Total Amount Not to Exceed
$150,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to adopt the attached Resolution fixing
in advance, as far as practicable, and increasing the amount to be paid to Kelly Hart & Hallman LLP by
$50,000.00, for a total amount not to exceed $150,000.00.
DISCUSSION:
This is an action by four former police officers who allege that the City owes them back wages for unpaid
overtime. On August 17, 2010, the City Council elected to hire outside counsel to represent the City. M &C
C -24392 authorized the amount to be paid to Kelly Hart & Hallman LLP up to an amount not to exceed
$100,000.00.
Kelly Hart & Hallman LLP has billed $74,762.87 in fees and expenses through March 31, 2011, for
representation of the City of Fort Worth in this matter, including removing this action to federal court,
deposing the four plaintiffs, successfully opposing the plaintiffs' motion to certify the case as a collective
action, and moving for summary judgment. Additional work that is anticipated includes preparation of the
City's witnesses for deposition, defending those depositions, and preparing the case for bench trial, which
is set for the week of October 24, 2011. Accordingly, it is recommended that the total amount authorized
to be paid to Kelly Hart & Hallman LLP be increased by $50,000.00, for a total not to exceed $150,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Risk Management Fund.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 12KELLY HART -2
FROM Fund /Account/Centers
FE71 534060 0137120 $50,000.00
Charles W. Daniels (7504)
Sarah Fullenwider (8006)
Carolyn McFatridge (7612)
Page 1 of 1