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Home My WebLink About1998-117S \Our Documepts\OrdinanceAMAmended RJ Ordinance doe ORDINANCE NO `7 // AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY WITH R J COVINGTON CONSULTING FOR PROFESSIONAL SERVICES RELATED TO ELECTRIC RESTRUCTURING AND DEREGULATION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the 16'h day of February, 1998 the City entered into a "Professional Services Agreement For Consulting Services Relating To The Denton Municipal Electric Utility" ("Agreerrient") with R J Covington Consulting ("Covington"), wherein Covington agreed to perfbzT4 professional and consulting services pertaining to electric utility restructuring, and in said Agr ment, the City agreed to pay Covington an amount not to exceed $25,000 00 for professional s ices rendered under such Agreement, which Agreement has now been substantially performed, and WHEREAS, several events have occurred since the City entered into the above Agreement, which impact upon the positron of the City's Municipal Electric Utility as it approaches the upcoming Texas Legislative Session, which urgently requires that Denton obtain additional professional and consulting services in order to protect its position and advance its interests, and WHEREAS, it appears to the Council that it is in the best interest of the City to obtain such additional professional and consulting services by entering into an amended agreement with Covington NOW THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute the First Amendment To Professional Services Agreement For Consulting Services Relating To The Denton Municipal Electric Utility (the "First Amended Agreement") with R J Covington Consulting for the provision of additional professional and consulting services related to electric restructurhng and deregulation, a copy of which First Amended Agreement is attached hereto and incorporated herewith by reference, along with any Task Orders and other documents necessary in the performance of the First Amended Agreement SECTION II. That the expenditure of funds as provided in the attached First Amended Agreement is hereby authorized SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thus the � day of L , 1998 JACCOLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ), APPI GAL FORM HERBERT L PROUTY, CITY ATTORNEY BY �V �J STATE OF TEXAS COUNTY, OF DENTON FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY THIS FIRST AMENDMENT, to the Professional Services Agreement For Consulting Services Relating To The Denton Municipal Electric Utility, entered into on the 16`h day of February, 1998, by and between R J Covington Consulting, a sole proprietorship, with its principal offices at 12304 Saber Trail, Austin, Texas ("Covington"), and the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 E McKinney, Denton, Texas ("City") for professional and related consulting services provided to the City, which Agreement is hereinafter referred to as the "Base Agreement' In consideration of the mutual promises of the parties, the terms and conditions set forth herein, and for other good and valuable considerations expressed herein, the parties hereby AGREE to amend the said Base Agreement as follows That Article II "Scope of Services" of the Base Agreement is hereby amended by adding the following additional provisions II C Covington shall provide to the City those services set forth in Task Order No 98- B (Tasks A, B, C, and D) II D Covington shall provide to the City those services set forth in Task Order No 98- C (Tasks A, B, C, and D) II That Article III "Period of Service" of the Base Agreement is hereby amended by adding the following additional provisions As to the period of service respecting the completion of Task Orders 98-B and 98-C, the term of this Agreement shall be from May 1, 1998 to April 30,1999 III That Article IV B 1 "Compensation/Billing and Payment' of the Base Agreement is hereby amended by adding the following additional provision With respect to the additional professional services to be performed by Covington pursuant to Task Order 98-B, the City agrees to pay Covington, a further professional fee, including reimbursement for direct non -labor expense, not to exceed $47,000 00 With respect to the additional professional services to be performed by Covington pursuant to Task Order 98- C, the City agrees to pay Covington a further professional fee, including reimbursement for direct non -labor expense, not to exceed $12,000 00 IV That Article XIV "Entire Agreement" of the Base Agreement is hereby amended to replace the entire paragraph contained in Article XIV, with the following language, to wit This Agreement, consisting of nine (9) pages, plus Exhibit "A" (Fees For Services), Task Order No 98-B and Task Order No 98-C, which Exhibit "A" and Task Orders are incorporated by reference herewith, constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terns of their Agreement and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof V That save and except as amended hereby, all the terms, conditions, covenants, clauses, and sentences of the Base Agreement shall remain in full force and effect IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amended Agreement to be executed in duplicate original counterparts, by its duly-authonzed City Manager, and Covington as executed this Agreement by its duly-authonzed Owner and Proprietor on this the day of Dr% 1998 PASSED AND APPROVED this the day of , 1998 "CITY" CITY OF DENTON, TEXAS A MUNICIPAL CORPORATION BY Ted Benavides, City Manager ATTESTi JENNIFER WALTERS, CITY SECRETARY BY APP VED S TO LEGAL FORM HERBER'T L PROUTY, CITY ATTORNEY BY W. "COVINGTON' R J COVINGTON CONSULTING BY Richard J Covmgt Owner & Propnetor ATTEST M F \shared\dept\LGL\Our Documents\Contracts\98\Amended RI Consulting doc EXHIBIT A FEES FOR SERVICES Professional and support services, except for testimony, shall be billed at the following rates President $145 00 per hour Vice President $120 00 per hour Consultant $ 90 00 per hour Assistant Consultant $ 60 00 per hour Administrative Assistant $ 45 00 per hour The above rates shall be adjusted each year, commencing January 1, 1998, to reflect the change in rates officially established by R J Covington Consulting Testimony shall be billed at not less than eight hours per day Reproduction, printing, communications, computer services, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by R J Covington Consulting All travel, food, lodging, and other work -related expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost Automobile mileage shall be billed at the mileage rate as published by the Internal Revenue Service from time to time City shall pay to R J Covington Consulting any applicable sales tax, if in fact there is any sales tax lawfully owing, which arises from, and becomes due and owing regarding services performed by R J Covington Consultants S \Our Documents\ContractAMCovmgton Exhibit A doc