STRATEGIC PRIORITY: Government Performance & Financial Management
AGENDA DATE: January 25, 2023
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney’s Office
EXECUTIVE: Christopher J. Caso
______________________________________________________________________
SUBJECT
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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 (This item was deferred on December 14, 2022)
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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.
On December 14, 2022, this item was deferred by Councilmember Chad West.
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