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Home My WebLink About1997-104ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City needs to require the legal counsel and lobbyist hired to represent the City in legislative matters that may be introduced in the 75u' Legislature to perform additional services relating to legislation concerning deregulation of electric utilities, contingent on the in- troduction of certain deregulation legislation by the Chairman of the Senate State Affairs Com- mittee or�similar deregulation legislation introduced by other members of the State Legislature, and WHEREAS, in the event of the introduction of this new deregulation legislation, the cur- rent Agreement with the Law Offices of Jim Boyle needs to be amended to authorize the Con- sultant to engage subconsultants to assist it in lobbying and other legislative matters related to this and other deregulation legislation, and WHEREAS, the City expects that the City of Garland, through its Garland Electric Util- ity, will become a party to this Agreement and will share equally in paying the Consultant's fees and receiving the Consultant's services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a First Amendment to that Agreement for professional legal services with the Law Offices of Jim Boyle regarding certain contingent legislative matters and related deregulation legislation, substantially in the form of the copy of the First Amendment which is attached hereto and incorporated herein, along with any additional amendments to that Agreement necessary to include the City of Garland as a ply SECTION II That the expenditure of funds as provided in the attached First Amendment is hereby authorized SECTION III That save and except as amended hereby, all the provisions, sections, sub- sections, paragraphs, sentences, clauses, and phrases of the Agreement with the Law Offices of Jim Boyle shall remain in full force and effect SECTION IV That this ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the ! 00f day of 11997 ATTEST, JENNIFER WALTERS, CITY SECRETARY ) AS TO LEGAL FORM L PROUTY, CITY ATTORNEY e \wpdocs\ord\boyle amendment JA { MILLER, MAYOR Page 2 FIRST AMENDMENT TO EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH JIM BOYLE STATE OF TEXAS COUNTY OF DENTON This First Amendment to that certain Agreement made and entered into the 17th day of September, 1996, by and between the Law Office of Jim Boyle, with Jim Boyle having full authority to execute this Agreement, 1005 Congress, Suite 550, Austin, Texas 78701, hereinafter referred to as "Consultant" and the City of Denton, Texas, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City," hereinafter referred to as "Base Agreement" WHEREAS, the City needs to require the legal counsel and lobbyist hired to represent the City in legislative matters that may be introduced in the 75th Legislature to perform additional services relating to legislation concerning deregulation of electric utilities, and WHEREAS, in the event of the introduction of this new deregu- lation legislation, the current Base Agreement with the Consultant needs to be amended to authorize the Consultant to engage subcon- sultants to assist him in lobbying and other legislative matters related to this and other deregulation legislation, and WHEREAS, the City expects that the City of Garland, through its Garland Electric Utility, will become a party to this Agreement and will share equally in paying the Consultant's fees and receiving the Consultant's services, NOW, THEREFORE, IN CONSIDERATION of the promises and mutual obligations herein, the parties hereto mutually agree as follows I That Section I "Scope of Services of the Base Agreement is hereby amended by adding subsection A 4 and subsection C, to read as follows- 4 Contingent upon electric utility deregulation legislation being introduced in the 75th Legislative Session by Kenneth Armbrister, the Chairman of the Senate State Af- fairs Committee or any other similar significant deregu- lation legislation being introduced by another member of the Legislature, Consultant shall monitor such legisla- tion and provide periodic status reports to the City when and if such deregulation is introduced, and shall use its best efforts to assist the City in effectively opposing, changing, or amending provisions which are adverse to the City and other TMPA municipalities it is expected that if such legislation is introduced, this will require an intensive effort Accordingly, the Consultant is hereby authorized to hire such subconsultants and other assis- tants it deems necessary to effectively provide the additional services set forth herein C In the event that the City of Garland, acting through its Garland Municipal Utilities, agrees to enter into this Agreement with Consultant, wherever the term "City" is used herein, it shall refer to both the City of Denton and the City of Garland Wherever the term "City of Denton Municipal Utilities" is used, it shall refer both to the City of Denton Municipal Utilities and the City of Garland Municipal Utili- ties Wherever the term "Executive Director of Utilities" is used, it shall refer to the Executive Director of Utilities of both the City of Denton and the City of Garland In the event the City of Garland enters into this Agreement, then the City of Garland shall share equally in all services provided by Consultant herein, and the City of Denton and the City of Garland shall each pay the Consultant's fees for services herein on an equal 50/50 basis Additionally, the City of Denton and the Consultant agree to make any additional amend- ments to the Agreement necessary to allow the City of Garland to become a party to this Agreement under these conditions II That subsection A of Section III "Compensation and Method of Payment" of the Base Agreement is hereby amended to read as follows A The Consultant shall charge the following fees for its professional services hereunder, based on the following hourly rates for the attorneys and support staff involved in this matter- ------------- ---------------------------------------------------- Staff Rate Estimated Hours Jim Boyle $170 00 per hour Associate $140 00 per hour Paralegal Not applicable Consultant agrees that all charges for the services hereunder, including expenses, for services through the 75th Legislative Session, will not exceed thirty-seven thousand dollars ($37, 000) , to be paid at a rate of three thousand dollars ($3,000) per month through September -December, 1996, for a total during this period not to exceed twelve thousand dollars Page 2 ($12,000), and five thousand dollars ($5,000) per month through January -May, 1997, for a total during this period not to exceed twenty-five thousand dollars ($25,000) Provided, however, if Senator Kenneth Armbrister introduces a Bill, or a similar Bill is introduced by any other member of the 75th Legislature that involves the deregulation of electric utilities, including, without limitation, retail electric utility competition, wholesale and retail wheeling, or the recovery of stranded costs, Consultant shall be paid an amount not to exceed an additional forty thousand dollars ($40,000), or an amount for the January -May, 1997 period not to exceed sixty-five thousand dollars ($65,000), including all charges for services of any subconsultants which the Consultant deems necessary to employ III That subsection B of Section XIV "Personnel" of the Base Agreement is hereby amended to read as follows B All services required hereunder will be performed by Consul- tant or under its supervision Nothing herein, however, shall prevent the Consultant from hiring any subconsultants or other personnel it deems necessary to carry out the services set forth herein, provided that all personnel engaged in work shall be qualified and shall be authorized or permitted under state and local law to perform such services IV That save and except as amended hereby, all the remaining terms and conditions of the Base Agreement shall remain in full force and effect. ,� n' EXECUTED this the LF day of <.t1Q _ 1997 CITY OF DENTON, TEXAS ATTEST, JENNIFER WALTERS, CITY SECRETARY F-W BY TED BENAVIDES, CITY MANAGER Page 3 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � I )' ' THE LAW OFFICES OF JIM BOYLE ATTEST. CITY SECRETARY m APPROVED AS TO LEGAL FORM CHARLIE HINTON, CITY ATTORNEY m E \wPDOCS\K\BOYLE AMID BY JIM BOYLE CITY OF GARLAND, TEXAS BY• CITY MANAGER Page 4