HomeMy WebLinkAboutResolution 4189-03-2013 A Resolution
NO. 4189-03-2013
APROVING THE RETENTION OF THE FIRM OF WHITAKER, CHALK.,
SWINDLE AND SCHWARTZ, PLLC, TO REPRESENT THE CITY OF FORT
WORTH IN ASSERTING CLAIMS AND THE FILING OF SUIT AGAINST SITE
CONCRETE, INC. AS A RESULT OF THE PREMATURE FAILURE OF
STREETS IN THE VILLAGES OF WOODLAND SPRINGS
WHEREAS, the City of Fort Worth has suffered damage as a result of the premature failure of
streets in the subdivision known as the Villages of Woodland Springs allegedly as a result of the
negligence or other fault of Site Concrete, Inc.; and
WHEREAS, the firm of Whitaker, Chalk, Swindle and Schwartz, LLP, has proposed to
represent the City in asserting claims, including the filing of suit, against Site Concrete, Inc., on a strictly
contingent fee basis; and
WHEREAS, the firm of Whitaker, Chalk, Swindle and Schwartz, PLLC, has the requisite
knowledge and experience to effectively represent the City's interests against Site Concrete, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
1.
Pursuant to Chapter VI, Section 3 of the Charter of the City of Fort Worth, the fin-n of Whitaker,
Chalk, Swindle and Schwartz, PLLC, is employed to represent the City in asserting claims, and, if
necessary, filing suit, against Site Concrete, Inc., to recover damages suffered by the City as a result of
the premature failure of streets in the Villages of Woodland Springs.
2.
Payment of fees, and reimbursement for expenses, to the firm of Whitaker, Chalk, Swindle and
Sawyer, PLLC, shall be on a strictly contingent fee basis. All attorney's fees and other expenses would
be paid only out of money recovered. Whitaker, Chalk would pay all expenses up front. Upon recovery,
either by way of settlement or judgment, Whitaker, Chalk would be reimbursed for its expenses out of
the proceeds of the recovery and would be paid 50% of the remaining funds unless all appeal is filed in
which case they would be paid 55% of the remaining funds. If no money is recovered, the City will pay
nothing for expenses or attorney's fees.
I F R7TWOM
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Resolution No. 4189-03-2013
3.
The City Manager is authorized to execute an employment contract with the firm of Whitaker,
Chalk, Swindle and Sawyer, PLLC, incorporating the terms of this Resolution.
ADOPTED this 19r" day of March, 2013.
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ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved can 3/1912013 - Resolution No. 4189-03-2013
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DATE: Tuesday, March 19, 2013 REFERENCE NO.: "'`G-17829
LOG NAME: 12PFS 2013 WHITAKER CHALK
SUBJECT:
Adopt Resolution Authorizing the Retention of the Firm of Whitaker, Chalk, Swindle and Schwartz, PLLC,
to Pursue Claims Against Site Concrete, Inc., and the Filing of Suit in District Court to Recover Damages
Suffered by the City as a Result of Premature Street Failure in the Villages of Woodland Springs (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that Council adopt a resolution authorizing the retention of Whitaker, Chalk, Swindle
and Schwartz, PLLC, as outside counsel to file suit against Site Concrete, Inc,, for damages arising out of
premature street failure in the Villages of Woodland Springs.
...... ......
DISCUSSION:
On or about June 20, 2006, Council approved the retention of Whitaker, Chalk, Swindle and Sawyer
(now, Whitaker, Chalk, Swindle and Schwartz) to represent the City with regard to damages incurred as a
result of premature street failure in various developments on the far north side of Fort Worth. In
August 2012, Hunter McLean of the Whitaker, Chalk firm was instructed to discontinue all efforts in this
matter. Mr. McLean has offered to continue pursuing the City's claims against Site Concrete, Inc., on a
strictly contingent fee basis. All attorney's fees and other expenses would be paid only out of money
recovered. Whitaker Chalk would pay all expenses up front. Upon recovery, either by way of settlement
or judgment, Whitaker, Chalk would be reimbursed for its expenses out of the proceeds of the recovery
and would be paid 50 percent of the remaining funds unless an appeal is filed in which case they would be
paid 55 percent of the remaining funds. If no money is recovered, the City will pay nothing for expenses
or attorney's fees.
The City Manager and the City Attorney agree that, because of the extraordinary complexity of this area of
law, it is necessary to retain outside legal counsel with significant knowledge and experience in
construction litigation to ensure that the City's interests are protected. Whitaker, Chalk, Swindle and
Schwartz, PLLC, has experience in a wide range of litigation including construction litigation and has
agreed to represent the City. Chapter VI, Section 3 of the City Charter requires the City Council to approve
the retention of any outside legal counsel for assistance to the City Attorney. Accordingly, it is
recommended that the City Council adopt the attached Resolution approving the retention of Whitaker,
Chalk, Swindle and Schwartz, PLLC, on a contingent fee basis, to represent the City and, if necessary, to
file suit against Site Concrete, Inc.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Funds.
Logname: I2PFS 2013 WHITAKER CHALK Page 1 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Additional Information Contact: Harvey L. Frye Jr. (8715)
Logname: 12PFS 2013 WHITAKER CHALK Page 2 of 2