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File #: 22-2692    Version: 1 Name:
Type: CONSENT AGENDA Status: Corrected; Deferred
File created: 11/8/2022 In control: City Attorney's Office
On agenda: 12/14/2022 Final action:
Title: Authorize Supplemental Agreement No. 2 to the professional services contract with Fanning Harper Martinson Brandt & Kutchin, P.C. to provide additional legal counsel, advice and representation for former Dallas Building Official David Session, in connection with David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres "Andrew" Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, Cause No. DC-22-03741, and for Andres "Andrew" Espinoza, in connection with Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company, Cause No. DC-22-05679 - Not to exceed $200,000.00, from $73,120.69 $100,000.00 to $273,120.69 $300,000.00 - Financing: Liability Reserve Fund
Indexes: 300
Attachments: 1. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Government Performance & Financial Management

AGENDA DATE:                     December 14, 2022

COUNCIL DISTRICT(S):                     N/A

DEPARTMENT:                     City Attorney’s Office

EXECUTIVE:                     Christopher J. Caso

______________________________________________________________________

SUBJECT

 

title

Authorize Supplemental Agreement No. 2 to the professional services contract with Fanning Harper Martinson Brandt & Kutchin, P.C. to provide additional legal counsel, advice and representation for former Dallas Building Official David Session, in connection with David Session v. Board of Adjustment for the City of Dallas, et al., now styled as Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, Cause No. DC-22-03741, and for Andres "Andrew" Espinoza, in connection with Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company, Cause No. DC-22-05679 - Not to exceed $200,000.00, from $73,120.69 $100,000.00 to $273,120.69 $300,000.00 - Financing:  Liability Reserve Fund

 

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BACKGROUND

 

Supplemental Agreement No. 2 will authorize Fanning Harper Martinson Brandt & Kutchin, P.C. to provide additional legal counsel, advice and representation for Dallas Building Official Andres “Andrew” Espinoza, in connection with Andres “Andrew” Espinoza, in his Official Capacity as the Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and TCHDallas2, LLC, Cause No. DC-22-03741, and for Andres "Andrew" Espinoza, in connection with Andres "Andrew" Espinoza, in his Official Capacity as Director and Chief Building Official of the City of Dallas, Texas v. Board of Adjustment for the City of Dallas and Shuffle 214, LLC, a Texas Limited Liability Company, Cause No. DC-22-05679.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

A confidential memorandum regarding this matter will be provided to the City Council on December 9, 2022.

 

 

 

FISCAL INFORMATION

 

Fund

FY 2023

FY 2024

Future Years

Liability Reserve Fund

$200,000.00

$0.00

$0.00

 

Original Contract                     $  23,120.69

Payment for Services Rendered                                          $  26,897.31

Supplemental Agreement No. 1                                           $  50,000.00

Supplemental Agreement No. 2 (this action)                     $200,000.00

 

Total Funding                                                                                                          $300,000.00*

 

*Includes payment of Invoice Nos. 143162 and 143163 for services rendered

 

OWNER

 

Fanning Harper Martinson Brandt & Kutchin, P.C.

 

Thomas P. Brandt, Director